Discrimination based on nationality or ethnicity
CITIZENSHIP OFTEN DECISIVE FACTOR FOR FAMILY BENEFITS
In 2010, many complaints concerning family benefits were once
again from families with non-Austrian citizenship. Of the nearly
100 complaints regarding family allowances, over half were from
foreign citizens.
Foreign students, for example, who start a family in Austria, are
entitled to family allowances, and the Higher Administrative Court
concurs with the AOB’s legal opinions regarding these issues.
Moreover, asylum seekers are entitled to family allowances if their
asylum proceedings were pending as of 31 December 2005 and they
have been living in Austria for more than five years, and the Higher
Administrative Court concurs with the AOB concerning these issues
too. Furthermore, around a third of the approximately 50 complaints
concerning child care benefits had an international dimension.
Potential for
discrimination
Often legal questions arise that relate exclusively to individuals of
non-Austrian citizenship, either from elsewhere in the EU or from
other countries. Families of non-Austrian citizenship living in Austria
frequently face specific problems. Family allowances and child care
benefits are not due until the newly born child has received a residence permit, and this may take quite some time. A number of families have missed application deadlines for child care benefits, due to
having misunderstood advice from health insurers or because that
advice was unclear and as a result has forfeited claims.
Claims often unclear
Cooperation with the office of the competent Families State Secretary
has been very fruitful, and the AOB’s suggestions and advice have
been taken into account. In many instances, after the AOB became
involved it proved possible to find suitable solutions.
Government cooperative
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