Amendment Of The Federal Care Allowance Act

Original Language Title: Änderung des Bundespflegegeldgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_12/BGBLA_2015_I_12.html

12 federal law that modifies the Federal care allowance Act

The National Council has decided:

Amendment of the Federal care allowance Act

The Federal care allowance Act, Federal Law Gazette No. 110/1993, as last amended by Federal Law Gazette I no. 40/2014, is amended as follows:

1. in the table of contents be 1.Teil after the expression "§ 33 c." Promotion of projects of care provision"the expression"sections 33d. -33e. Online information offers "and the expression" section 48c. " Transitional provisions to the Act Federal Law Gazette I no. 58/2011 "the expressions"§ 48 d. Transitional provisions to the Act Federal Law Gazette I no. 138/2013 ","article 48e. Transitional provisions to the Act Federal Law Gazette I no. 40/2014 "and" section 48f. transitional provisions to the Act Federal Law Gazette I no. 12/2015 "inserted.

2. § 3 para 1 No. 2 is:



"2. that according to § 8 ABS. 1 No. 3 lit." h, i, and l ASVG teilversicherten children, pupils and students, whose care needs caused by the accident at work or the occupational disease, in the period from the day after the treatment up to the time in which would be; the school was expected to be completed and entry into working life comes"

3. § 3a paragraph 1 reads:

"(1) entitlement to nursing allowance in accordance with the provisions of this Federal Act, even without basic services in accordance with article 3, paragraph 1 and 2 for Austrian nationals who have their habitual residence in the national territory, provided under Regulation (EC) No. 883/2004 on the coordination of social security schemes, OJ" No. L 166 of 30.04.2004 p. 1, last amended OJ No L 204 of the 04.08.2007 p. 30, as last amended by Regulation (EC) Nr. 1372/2013, OJ No. L 346 of the 20.12.2013 p. 27 not another Member State for care services is responsible."

4. in the section 4, paragraph 2, the expression is replaced by the expression '95 hours' "60 hours" by the expression "65 hours" and the expression "85 hours".

5. paragraph 5:

„§ 5. The nursing allowance is due to twelve times per year and is monthly



"in stage 1 157,30 euro in stage 2 290,00 euro in stage 3 451,80 euros in stage 4 677,60 Euro in stage 5 920,30 euro in stage 6 1285,20 euro and in level 7 1688,90 euros."

6 21 (b) section be added following paragraph 6 to 12:

"(6) the Federal Office for social and Disability Affairs is authorized to process necessary, stated in para 7, personal data for the statement of costs with the countries for the implementation of the funding granted under paragraph 1 and the.

(7) in the course of the funding process, the following data types are processed:



1 data of the infirm person: a) name, b) care allowance level, c) social security number, d) birth date, e) address (main residence), f) account data, g) amount of net income, h) specifying any maintenance obligations.

2. is data of support affiliate, provided he not ident with the person of the dependent persons: a) name, b) address (main residence), c) account data, d) relationship or representation.

3. data concerning the self-employed person care force: a) name, b) social security number, c) date of birth, d) exists in the legal extent of the (full) insurance / does not exist.

(8) in order to determine whether a self-employed person support force to the extent (fully) insured, is the Federal Office for Social Affairs and Disability Affairs authorized that in paragraph 7, no. 3 lit. a to d data referred to the social security of the trade and industry to electronically submit.

(9) the Federal Office for social and Disability Affairs is authorized, to the fulfilment of its duties in connection with the statement of costs and information electronically to provide any personal information to the countries, the Vienna Social Fund and to the pension insurance institution.

(10) the Federal Office for social and Disability Affairs has to keep a record of the actually carried data uses, so that can be traced to their admissibility to the necessary extent. Access to the after paragraph 7 in the context of the completion of the funding settlement processed and data submitted according to paragraph 8 on the social insurance institution of for trade and industry and according to paragraph 9 to the countries, the Vienna Social Fund and to the pension insurance institution to grant only officials of the Federal Office for social and Disability Affairs.

(11) the Federal Office for social and Disability Affairs shall immediately delete the data used when they are no longer required to fulfil the statutory responsibilities in the framework of management of funding and in the wake of the expenses.

(12) the customer of data has for data application within the meaning of this provision measures to ensure of data security pursuant to § 14 para 1 of the data protection Act 2000 (DSG 2000), Federal Law Gazette I no. 165/1999, to meet. The data security measures taken should be documented. The data transmission to be in compliance with the duty to encrypt electronically. the paragraph 8 and paragraph 9"

7 paragraph 4 the following records are added section 21 c:

"Take several people at the same time for same close relative a care leave money, so the child benefit for the same child is due only once. The child benefit is due to that person, their entitled to a nursing maternity leave allowance plus child benefit was first diagnosed with simultaneous identification of that person, which refers to the family allowance for the additional authorized person."

8. in section 26 ABS. 1 the point is at the end of the No. 3 by the word 'or' replaced and following Z 4 added:



"4. claims on eligible cash benefits makes foreign regulations according to § 7 despite written notice not verifiably assert."

9 paragraph 33a:

"§ 33a. (1) the decision makers (section 22) can perform quality assurance measures. In particular, you can check whether a care corresponding to the needs of the infirm person is given in the form of home visits and contribute, if necessary, by providing information and advice to their improvement. Here also the persons involved in the specific situation of care to include possible. Such home visits can be carried also on request of the dependent person or members of the.

(2) the decision makers (section 22) can offer as a contribution to prevention and as additional quality assurance measure support talks. carers have given mental stress during a house visit referred to in paragraph 1 "

10. According to § 33c, following sections 33d and 33e including heading shall be inserted:

"Online information offers

§ 33d. (1) for improved access to information, www.pflegedaheim.at is at the Federal Ministry for labour, Social Affairs and consumer protection online information site. The central mission of the site is to provide targeted information and information dependent people and their families on issues of care and support available.

(2) the information provided is free accessible to the interested persons.

(3) the preparation and continuous updating of the content offered is the Federal Ministry of labour, Social Affairs and consumer protection. Drive traffic to the online information site is to publish in the annual report of Austrian care provision.

section 33e. (1) as part of the service offer of the Federal Ministry for labour, Social Affairs and consumer protection is an online to retrieve service database. The central task of this service database is to give comprehensive information about the elderly and nursing homes in Austria, the existing offerings of mobile social services and numerous other facilities of the social landscape of Austria's citizens.

(2) the accessible information are for registered companies, clubs and organizations, as well as for the requesting person circle to make free of charge available.

(3) mobile social service providers, part of stationary social services as well as operators of nursing homes and old, nursing courses and offers supervised have the possibility of free of charge in this database to subscribe, to offer housing to make known a widest possible person.

(4) the technical deployment of the online offer, as well as ongoing support for the registration by the companies referred to in paragraph 3 is carried out by the Federal Ministry of labour, Social Affairs and consumer protection."

11 the following paragraph 7 is added to § the 44:

"(7) the compensation referred to in paragraph 1 are to increase by virtue by 2% with effect from 1 January 2016 and to round according to § 18 para 4 on amounts of full 10 cents. The amounts due for the year 2015 are to be based. the multiplication"

12. in article 47, paragraph 1 the last sentence is replaced by the expression "207,20 euro" the expression "203,10 euro".

13. after article 48e, the following section 48f velvet heading shall be inserted:

"Transitional provisions to the Act Federal Law Gazette I no. 12/2015"

section 48f. (1) are all proceedings on granting or increasing the care allowance 2015 still not legally completed on January 1 until December 31, 2014 respectively for the assessment of the claim to apply existing provisions of this Federal Act.


(2) a reduction or removal of a legally recognized care allowance due to statutory changes in the eligibility requirements referred to in section 4 subsection 2 in the version of Federal Law Gazette I no. 12/2015 is allowed only if a significant change in the extent of the maintenance requirement is entered. A change in the extent of the need for care is essential if this achieved to an extent that even after the legal situation as of December 31, 2014 a reduction or withdrawal would have been allowed. This applies also in cases a limit in accordance with section 9, paragraph 2.

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

(4) § 3a paragraph 1 in the version of Federal Law Gazette I no. is 12/2015 to apply, if the application for the care allowance from 1 January 2015 received."

14 25 the following section is added to the paragraph 49:

"(25) it come into force:"



1 with 1 January 2015 the contents 1 part, § 3 para 1 No. 2, 3a para 1, 4 para 2, 21B para 6 to 12, 21c ABS. 4, 26 para 1 Nos. 3 and 4, 33a, 33d and 33e includes heading the 48f velvet heading;

"2. with 1 January 2016 the §§ 5, 44 paragraph of 7 and 47 para 1 last sentence."

Fischer

Faymann