Change Of The Student Aid Act 1983

Original Language Title: Änderung des Schülerbeihilfengesetzes 1983

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154. Federal law amending the student aid law in 1983

The National Council has decided:

The Student Assistance Act 1983, BGBl. No. 455/1983, as last amended by the Federal Law BGBl. I n ° 9/2012, is amended as follows:

1. In Section 1b (1), the lead-in rate shall be:

"As polytechnic schools, special schools, middle schools and higher schools in the sense of this federal law apply"

2. In Section 1b, Section 4, the last sentence is deleted.

3. § 2 together with the title is:

" Requirements

§ 2. In addition to the conditions laid down in § § 1a, 9, 11 and 11a, the condition for granting school allowances and home aid (including aid for travel expenses) is that the pupil must:

1.

is in need of

2.

The school attendance for which student aid is requested before completion of the 35. This age limit is increased for self-holders within the meaning of Article 12 (2) (2) (2) and (3).

a)

for a further year, for each full year in which they have been fully self-contained for more than four years, and

b)

by half of the time they have nurtured and raised children by a legal obligation up to the age of their second year,

at most, however, by a total of five years.

4. In § 3 (6) the turn-of-the-turn " , except for capital gains within the meaning of Section 97 (1) and (2) of the EStG 1988 up to a maximum amount of € 364, --, ".

5. § 8 and title shall be deleted.

6. § 10 is added in accordance with section 5 of the following paragraph 6:

"(6) The special school allowance shall be reduced by the amount of the orphan's pension, which shall be paid for the same period of time, if the pupil stays orphaned."

7. In § 11 (1) the entry section reads:

" In accordance with the provisions of this Federal Law, home aid should be granted for a visit to a Polytechnic School, a special school or a middle or higher school from the 9. School level as an ordinary pupil, as well as for attending a school as an ordinary pupil, referred to in § 9 para. 1, if the school attendance is outside the place of residence of the parents, because "

8. § 12 (4) shall be deleted.

9. In § 12 sec. 5 Z 1 the turn " 2 Z 2 or 3 " through the turn " 2 Z 2, 3 or 4 " replaced.

10. In § 12 (9), after the word "Income" the phrase "the student," inserted.

11. § 14 (3) reads:

"(3) The applications shall be submitted, together with the required evidence, to the competent authority of the first instance, provided that such evidence is not obtained by the student assistance authority with support from the automation system."

12. § 14 (6) reads:

" (6) Applications for student aid may also be submitted in the electronic procedure. The Federal Minister responsible for student aid shall start and carry out this form of application in accordance with the technical and organisational possibilities and the use of secure electronic signatures in accordance with the procedure referred to in Signature Act, BGBl. I n ° 190/1999, by Regulation. '

13. § 15 (5) reads:

" (5) The tax authorities shall have, for persons whose income is to be used for the purpose of assessing the need within the meaning of § 3, data which are found in the course of their action in the investigation procedure and which are important for the determination of the duty to be paid. to the authorities referred to in Article 13, provided that the aid or the persons referred to in paragraph 1 have not complied with their obligation to participate in the proceedings before the State aid authority or have not complied sufficiently with the aid and the competent authorities referred to in Article 13 Authority to do so. The duty to maintain confidentiality of § 48 of the Federal Tax Code, BGBl. No. 194/1961 i.d.g.F., applies accordingly. The obligation to provide information to the tax authorities does not cover such data as can be seen from the evidence provided by the levy. "

14. The following paragraphs 6 to 10 shall be added to Article 15:

" (6) In the procedure for granting aid under this Federal Act, the State aid authorities shall have the right to provide the personal data necessary for this purpose to persons whose income is to be demonstrated in order to determine the social needs of the persons involved. to process auto-supported. These are the following data:

1.

Name, title, address and telephone number,

2.

Date of birth and insurance number according to § 31 of the General Social Insurance Act, BGBl. No. 189/1955 i.d.g.F.,

3.

Citizenship,

4.

Family status and gender,

5.

Occupation or Activity,

6.

Duration of insurance relationships;

7.

the name and address of the service provider;

8.

the data of the income required for the determination of student aid within the meaning of Article 4 (1),

9.

Proof of school attendance of the State aid worker,

10.

Bank data of the State aid or of his representative,

11.

the granting of family allowances,

12.

the amount and duration of the study allowance;

13.

the amount and duration of sickness benefit,

14.

The amount and duration of the weekly allowance.

(7) The following institutions shall, on request, provide the student assistance authorities with the data necessary to verify the eligibility requirements and available in their area, as provided in paragraph 6, if possible in the automation-assisted Data traffic to be transmitted:

1.

the federal tax authorities,

2.

the institutions of social security,

3.

the Labour Market Service,

4.

the Federal Office of Social Affairs and the Disabled,

5.

the Federal Data Centre,

6.

the Central Register of Melting,

7.

the Office of the Study Assistance Authority.

(8) The schools visited by the applicant shall, on request, provide the student assistance authority with the necessary information on school attendance and degrees available in its area, where possible, in the area of the school's to transmit automation-supported traffic.

(9) The description of the data, the beginning and the implementation of the automation-supported data traffic according to paragraphs 7 and 8 shall be based on the technical and organisational possibilities of the Federal Minister responsible for the student allowance. by regulation.

(10) The student assistance authorities shall be able to link the data determined in accordance with paragraphs 6 to 8. "

15. In § 16, the following paragraph 3 is inserted:

"(3) In the event of incorrect or incomplete transmission of data pursuant to Article 15 (6), the student assistance authority may, at any time, rectify it from its own motion."

16. The following paragraph 8 is added to § 16:

" (8) The student aid authority has been in writing with the pupils, respectively. Students are able to use modern communication technologies, in particular the automation-supported data transmission. "

17. The following sentence shall be added to section 17 (1):

"Under these conditions, a request for the award of an aid from the date of an event named above can also be submitted after receipt of a defect that deviates due to lack of neediness."

18. § 26 is added in accordance with section 16 of the following paragraph 17:

" (17) § 1b para. 1, § 2 including title, § 3 para. 6, § 10 para. 6, § 11 para. 1, § 12 paragraph 5 Z 1, § 12 para. 9, § 14 para. 3 and 6, § 15 para. 5 to 10, § 16 para. 3 and 8 as well as § 17 paragraph 1 in the version of the Federal Law BGBl. I N ° 154/2013 will enter into force on 1 September 2013. At the same time, Section 1b (4), last sentence, § 8 and Section 12 (4) shall be repeal. "

Fischer

Faymann