In the year under review, the Federal Ministry of Economy, Family and Youth again commented on these legal questions and, ultimately, agreed with the AOB’s view with regard to all items. The revenue Federal Ministry of Economy, Family and Youth agrees authorities were instructed by way of a multi-address message to proceed in accordance with the following principles: • Receipt of the basic level of social services is to be verified only with regard to those persons who have applied for a family allowance (rejection of the so-called “family review”). • Only the actual receipt of the basic level of social services is relevant; it will not be verified if a (notional) entitlement exists or would exist. • Granting of benefits under the needs-based minimum benefit system will not be equated with receipt of the basic level of social services. Furthermore, the AOB continues to uphold its recommendation that, with regard to receipt of family allowances, beneficiaries of a subsidi- AOB upolds its recommendation ary protection receive equal treatment as persons eligible for asylum. The Federal Ministry of Economy, Family and Youth continues to reject this fundamental recommendation. In the year under review, several Austrian stepfathers contacted the AOB, as the family allowance for their foreign stepchildren had been cancelled under reference to the decision of the European Court of Stepfathers – European Court of Justice “Slanina” decision Justice in the “Slanina” legal matter (26.11.2009, case no. C-363/08). According to this decision, the stepfather’s gainful employment in Austria could not constitute an entitlement to a family allowance, because only that country is competent where the biological father is employed. The AOB had spoken out against this viewpoint already in the Annual Report 2011. After repeated correspondence, a statement was finally received from the Federal Ministry of Economy, Family and Federal Ministry of Economy, Family and Youth refers AOB to EU level Youth after one and a half years. It states that the topic is currently being discussed in the Administrative Commission in Brussels in order to enable the member states to share their experience. The objective is enforcement that is uniform throughout Europe to the greatest possible degree. It is, however, impossible to estimate how long discussions will last. 79