Fundamental Rights Section
With the sixty-sixth amendment to the ASVG (Allgemeines Sozialversicherungsgesetz General Social Insurance Act) (Federal Law Gazette I number 131/2006), which came into
force on July 1, 2006, the possibility was created to provide e-cards also to all social assistance recipients. Thus, the foundation for the removal of discrimination in the above context
was laid and it is to be hoped that this will happen as soon as possible.
Excerpt from the 24th/25th report of the Ombudsman Board to the State Parliament of
Lower Austria (2004-2005)
3.5.2
Telephone connection a luxury? (VA NÖ/278-SOZ/05)
Mr. B. turned to the Ombudsman Board in connection with different problems relating to his
income support and care benefit. While a few problems were resolved promptly and his
application for an increase in care allowance (level 4) granted, the competent member of
the State government took a negative view in connection with the costs for the establishment of a telephone connection. Finally, a free telephone connection was established, as
his landlord agreed to a 'free' deal offered by Telekom Austria.
The Ombudsman Board points out in connection with this complaint that citizens needing
care are entitled to reimbursement of the costs for establishing a telephone connection pursuant to the provisions of the State constitution and the Sozialhilfegesetz (Social Assistance Act) of Lower Austria – in particular by reference to the European Social Charter. The
signatories to the European Social Charter, which has been ratified also by Austria, have
undertaken to take action to promote a reasonable standard of accommodation. Lower
Austria has to provide for adequate social conditions for the Lower Austrian population in its
territory pursuant to Art. 4 lit. 2 of the State constitution of Lower Austria.
In 2001, FEANTSA (Fédération Européenne d´Associations Nationales Travaillant avec les
Sans-Abri), which is supported by the Director-General for employment and social affairs at
the European Commission, published a policy document and pointed out that the social
protection system of each Member State should ensure that every family or individual is
able to afford permanent accommodation commensurate with their needs. The allowance
should suffice to cover the actual rental and all related costs as well as the necessary incidental expenses, including electricity, water, heating and telephone connection.
Accordingly, Sect. 1 of the Sozialhilfegesetz (Social Assistance Act) of Lower Austria provides that social assistance should enable those people to lead a decent life who need the
help of the community. Beyond the provision of a mere livelihood, persons needing help are
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