associated rights, including the entitlement to a family allowance and
child care benefits. The family benefits must continue to be provided
on an ongoing basis.
The Independent Financial Tribunal shared this opinion. In several
decisions, it has ruled that ongoing entitlement to family benefits persists for the duration of the extension procedure under the aliens’ law.
On 24 August 2012, the AOB decided to issue a finding of maladministration. In this finding, a recommendation was made to the Federal
AOB issues
recommendation
Minister of Economy, Family and Youth to grant the family allowance
and child care benefits during the duration of the extension procedure
under the aliens’ law provided that the other requirements had been
met.
The Federal Ministry of Economy, Family and Youth has unfortunately not yet adopted this recommendation; it stated that it was not
possible to waive the formal requirement of a current residence permit. This is intended to avoid unnecessary recovery of payments and
ensure economical and efficient enforcement.
This argument misjudges the current legal situation. Therefore, the
AOB recommends to all persons affected to appeal against the decision of the Tax Office and to request submission to the Independent
Financial Tribunal. If and insofar as the Tribunal maintains its established ruling practice, measures will be introduced at the parliamentary level. The AOB has exhausted all of the means at its disposal to
remedy the maladministration it has ascertained.
Individual cases: VA-BD-JF/0059-A/1/2012, VA-BD-JF/0105-A/1/2011,
VA-BD-SV/1218-A/1/2011
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