Fundamentals rights section A further problem concerns the family allowance for so-called “late-born children” of third-country women with a valid residence title. These families can only apply for a family allowance when the residence title for their child is issued. In some cases, this takes a considerable amount of time, which in itself constitutes a great financial burden for the family involved. An amendment has made sure that the family allowance and the childcare benefits must be granted retroactively from birth if there is a residence title. In one case, however, the authority unjustifiably demanded confirmations of the domestic embassy for the retroactive granting and/or did not meet its duty to explain how the application form must be completed correctly. 3.7.1.2. Discrimination and violation of EC law: Carinthian baby allowance EC law prohibits the discrimination of EU citizens. According to the legal practice of the ECJ, a member state discriminates against the citizens of the other member states if it makes the payment of a birth and maternity allowance dependant on the fact that the recipient has already lived in its territory before. The Ombudsman Board has ascertained that the restriction of the Carinthian baby allowance to Austrian families with at least two years of residence in Carinthia constitutes a case of maladministration. Ms. C. is an EU citizen of non-Austrian nationality and has been living in Carinthia for some time. She became a mother a short time ago. She was refused the Carinthian baby allowance, which constitutes a one-time financial benefit from the Province for the parents of newborn children. According to the directive then in force it was only provided for Austrians who had resided in Carinthia for at least two years. After calling on the Ombudsman Board, payment of the Carinthian baby allowance to Ms. C. was still refused. She did, however, receive the corresponding amount by a check with the title “support for the family”. Officials stated that Ms. C. was not allowed to receive a baby allowance because of the directive of the Carinthian Provincial Government in force, but that she should be indemnified all the same. The Ombudsman Board on 18 April 2009 unanimously held that the directive of the Carinthian Provincial Government and the procedure of the authority constitutes a violation of EC law and therefore a case of maladministration. The Ombudsman Board stated that the EU member states do not have complete liberty in designing their systems of social security, but are bound by the principle of equal treatment of Community law. This also applies to the granting of private-sector promotions and subsidies. 28 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008