Discrimination based on nationality or ethnicity CITIZENSHIP OFTEN DECISIVE FACTOR FOR FAMILY BENEFITS In 2010, many complaints concerning family benefits were once again from families with non-Austrian citizenship. Of the nearly 100 complaints regarding family allowances, over half were from foreign citizens. Foreign students, for example, who start a family in Austria, are entitled to family allowances, and the Higher Administrative Court concurs with the AOB’s legal opinions regarding these issues. Moreover, asylum seekers are entitled to family allowances if their asylum proceedings were pending as of 31 December 2005 and they have been living in Austria for more than five years, and the Higher Administrative Court concurs with the AOB concerning these issues too. Furthermore, around a third of the approximately 50 complaints concerning child care benefits had an international dimension. Potential for discrimination Often legal questions arise that relate exclusively to individuals of non-Austrian citizenship, either from elsewhere in the EU or from other countries. Families of non-Austrian citizenship living in Austria frequently face specific problems. Family allowances and child care benefits are not due until the newly born child has received a residence permit, and this may take quite some time. A number of families have missed application deadlines for child care benefits, due to having misunderstood advice from health insurers or because that advice was unclear and as a result has forfeited claims. Claims often unclear Cooperation with the office of the competent Families State Secretary has been very fruitful, and the AOB’s suggestions and advice have been taken into account. In many instances, after the AOB became involved it proved possible to find suitable solutions. Government cooperative 35