higher additional student allowance is intended as a way of partially
offsetting those costs. Currently there are no plans for increasing
the additional student allowance for those with visual impairment or
those in wheelchairs.
AOB has proposed
a better approach
The AOB does not believe the legislators intended for there to be
different treatment of this kind. It has therefore recommended that
the following concrete approach to the legislation be considered:
one could ensure equal treatment for blind students, those with serious visual impairment, and students largely confined to wheelchairs,
by increasing their additional student allowance to the level currently
received by those with hearing impairment.
ASSIGNMENT PAY BASED ON MARITAL STATUS
Pursuant to federal regulations regarding travel remuneration,
civil servants who have to perform work at different locations
receive assignment pay in addition to their salary. Assignment
pay is at its maximum starting from the thirty-first day of the
assignment, and the amount paid is based on the civil servant’s
marital status.
30
Example case
Mr. N. is a civil servant. His partner, with whom he has a child, also
works for the Federal government and receives a child allowance.
When carrying out an assignment, he discovered that after the
thirty-first day he received 25% of the day and night allowance as
assignment pay. If he had a child with a non-civil-servant, he would
be able to claim assignment pay of 75% of the day and night allowance, and it would be immaterial whether or not the parents were
married, because the civil servant would himself be entitled to the
child allowance.
Not justified
by the facts
According to Constitutional Court rulings, for it to be deemed that
there has been unequal treatment, this must always be justified by
the facts. The AOB felt it was wrong that a civil servant’s marital status could be deemed justification for paying higher allowances, and
it seemed unlikely that differentiating between married and unmarried civil servants would stand up to scrutiny by the Constitutional
Court in light of the law on equal treatment.
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