Amendment Of The Federal Care Allowance Act

Original Language Title: Änderung des Bundespflegegeldgesetzes

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12. Federal Law, with which the Federal Nursing Money Act is amended

The National Council has decided:

Amendment of the Federal Nursing Money Act

The Federal Nursing Money Act, BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In the table of contents 1.Part, after the expression " § 33c. Promotion of projects of care provision " the expression § § 33d. -33e. Online Information Services " and after the expression " § 48c. Transitional provisions on the amendment of the BGBl amendment. I No 58/2011 " the expressions " § 48d. Transitional provision on the Novelle BGBl. I No 138/2013 " , " § 48e. Transitional provision on the Novelle BGBl. I No 40/2014 " and " § 48f. Transitional provisions on the amendment of the BGBl amendment. I No 12/2015 " inserted.

2. § 3 para. 1 Z 2 reads:

" 2.

the children, pupils and students who are part-insured pursuant to Article 8 (1) (1) (3) (h), (i) and (l) of the ASVG, whose maintenance needs were caused by the accident at work or occupational disease, in the period from the day after the conclusion of the treatment to the time when, in which the school attendance was expected to be completed and the entry into the working life would have taken place; "

3. Section 3a (1) reads:

" (1) entitlement to care allowance in accordance with the provisions of this Federal Act also exists without a basic benefit in accordance with § 3 (1) and (2) for Austrian nationals who have their habitual residence in Germany, provided that the Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 136, 30.4.2004, p No. OJ L 166, 30.4.2004, p. 1, as last amended OJ C 327, 28.11.2004 No. OJ L 204, 04.08.2007 p. 30, as last amended by Regulation (EU) No 1372/2013, OJ L 203, 1.8.2013, p. No. 27 does not apply to a different Member State for care. '

4. In § 4 (2), the expression "60 Hours" by the expression "65 hours" and the expression "85 hours" by the expression "95 Hours" replaced.

5. § 5 reads:

" § 5. The care allowance is to be paid twelve times a year and is monthly

to

Level 1

157,30 Euro

to

Level 2

290,00 Euro,

to

Level 3

EUR 451.80,

to

Level 4

677,60 Euro,

to

Level 5

920,30 Euro,

to

Level 6

1285,20 Euro and

to

Level 7

1688.90 euros. "

6. The following paragraphs 6 to 12 are added to section 21b:

" (6) The Federal Office of Social Affairs and the Disabled is authorized to process the personal data referred to in paragraph 7 necessary for the implementation of the support granted pursuant to paragraph 1 and the necessary for the cost accounting with the countries.

(7) The following data types shall be processed in the course of the handling of the funding:

1.

Data of the person in need of care:

a)

names,

b)

Level of care,

c)

social security number,

d)

date of birth,

e)

address (main residence),

f)

account data,

g)

the level of net income,

h)

Indication of any maintenance obligations.

2.

Data of the grant, if he is not with the person of the person in need of care:

a)

names,

b)

address (main residence),

c)

account data,

d)

Relationship and/or power of representation.

3.

Data relating to the self-employed person-care power:

a)

Name,

b)

social security number,

c)

date of birth,

d)

The legal extent of insurance (full insurance) is not available.

(8) In order to determine whether a self-employed person-care power is insured in the legal extent (full), the Federal Office of Social Affairs and Disabled Persons is hereby authorized, as stated in paragraph 7 Z 3 lit. a to d shall be transmitted electronically to the social security system of the commercial economy.

(9) The Federal Office of Social Affairs and the Disabled is empowered to fulfil the tasks assigned to it in connection with cost accounting and information, personal data to the Länder, the Social Fund and the Social Fund. Pension insurance institution shall be transmitted electronically.

(10) The Federal Office of Social Affairs and the Disabled has records of the actual use of data, so that its admissibility can be traced to the extent necessary. Access to the social security institution of the industrial economy and, according to paragraph 9, to the Länder, the Fonds Social Vienna and to the German social security institution pursuant to paragraph 7 as part of the enforcement of the grant processing. Data transmitted by the pension insurance institution shall be exclusively granted to staff of the Federal Office for Social Affairs and the Disabled.

(11) The Federal Office of Social Affairs and the Disabled has to delete the data used in the course of the handling of the funds and in the course of the cost accounting immediately if it is no longer necessary for the performance of the statutory tasks.

(12) The client of the data has measures for the data applications within the meaning of this provision in order to ensure data security in accordance with Section 14 (1) of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999. The data security measures taken are to be documented. The transmission of data in accordance with paragraph 8 and paragraph 9 shall be carried out in compliance with the obligation of encryption by electronic means. "

7. The following sentences are added to section 21c (4):

" In the case of a number of persons receiving a care allowance at the same time for the same close relative, the child surcharge for the same child shall only be paid once. The child surcharge shall be due to the person whose entitlement to a care allowance plus a child allowance was first established, at the same time as the person who receives the family allowance for the person entitled to receive the allowance. "

8. In § 26 Abs.1 the point at the end of the Z 3 is given by the word "or" replaced and the following Z 4 shall be added:

" 4.

Claims for creditable cash benefits according to foreign regulations according to § 7, despite written request, not demonstrably asserted. "

9. § 33a reads:

" § 33a. (1) Decision-makers (§ 22) can carry out quality assurance measures. In particular, they can check, in the form of house visits, whether care has been taken to meet the needs of the person in need of care and, if necessary, by providing information and advice on their improvement. If possible, the persons involved in the specific nursing care situation should also be involved. Such house visits can also be carried out at the request of the dependent person or of the relatives.

(2) Decision-makers (§ 22) may provide support to caring relatives who have specified mental stress in the course of a house visit as specified in paragraph 1, as a contribution to prevention and as a further quality assurance measure "

10. According to § 33c the following § § 33d and 33e together with headline are inserted:

" Online Information Services

§ 33d. (1) For improved access to information, the Federal Ministry of Labour, Social Affairs and Consumer Protection has the online information website www.pflegedaheim.at. The central task of the website is to provide care for people in need of care. and to provide their relatives with targeted information and information on matters relating to care and care.

(2) The offer of information shall be made available free of charge to the interested group of persons.

(3) The preparation and ongoing updating of the offered content is the responsibility of the Federal Ministry of Labour, Social Affairs and Consumer Protection. The access numbers to the online information website are to be published in the annual Austrian nursing care report.

§ 33e. (1) As part of the service offer of the Federal Ministry of Labour, Social Affairs and Consumer Protection there is a service database to be retrieved online. The central task of this service database is to provide citizens with comprehensive information on old and nursing homes in Austria, on the existing offers of mobile social services and on numerous other institutions of the social landscape To give Austria.

(2) The accessible information shall be made available free of charge for the registered companies, associations and organisations as well as for the requesting group of persons.

(3) Providers of mobile social services, sub-hospital social services as well as operators of old and nursing homes, nursing care places and offers of assisted living forms have the opportunity to enter this database free of charge in order to offer their services to the greatest possible number of people.

(4) The technical provision of the online offer as well as the ongoing support in the registration by the companies mentioned in paragraph 3 shall be carried out by the Federal Ministry of Labour, Social Affairs and Consumer Protection. "

(11) The following paragraph 7 is added to § 44:

" (7) The same as in paragraph 1 are with effect from 1. To increase January 2016 by 2% and to round it up to 10 cents in accordance with Section 18 (4). The multiplication shall be based on the amounts due for the year 2015. "

12. In § 47 (1), last sentence, the expression "203,10 Euro" by the expression "207,20 Euro" replaced.

13. In accordance with § 48e, the following § 48f shall be inserted with the title:

" Transitional provisions on Novelle BGBl. I No 12/2015

§ 48f. (1) Allen on 1. Before 31 December 2014, the provisions of this Federal Act, which are in force until 31 December 2014, shall be used as the basis for the evaluation of the claims in force until 31 December 2014, in order to ensure that the right of care is not yet legally binding.

(2) A reduction or withdrawal of a legally convicted care allowance due to the statutory changes to the eligibility requirements in accordance with § 4 para. 2 in the version of the Federal Law BGBl. I n ° 12/2015 is only admissible if there has also been a substantial change in the extent of the need for care. A change in the extent of the need for care is essential if it reaches such an extent that a reduction or withdrawal would have been permissible even after the legal situation as at 31 December 2014. This shall also apply in the case of a freezing order in accordance with Section 9 (2).

(3) The provisions of paragraphs 1 and 2 shall also apply to judicial proceedings.

(4) § 3a (1) in the version of the Federal Law BGBl. I No 12/2015 shall apply if the application for the granting of the care allowance is submitted from 1 January 2015 onwards. Jänner 2015. "

14. The following paragraph 25 is added to § 49:

" (25) It enters into force:

1.

with 1. January 2015 the table of contents 1. § § 3 (1) Z 2, 3a (1), 4 (2), 21b (6) to (12), 21c (4), 26 (1) (3) and (4), (33a), 33d and 33e, together with the title, and 48f and the heading;

2.

with 1. January 2016, § § 5, 44 (7) and 47 (1) last sentence. "

Fischer

Faymann