139. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Notarinsurance Act 1972, the Workers and the Employment Insurance Act 1977 are amended (2). Social Security Amendment Act 2013-2. SVÄG 2013)

The National Council has decided:

table of contents

Item	Subject matter

1	Amendment of the General Social Insurance Act
2	Amendment of the Industrial Social Insurance Act
3	Amendment of the Farmers-Social Security Act
4	Amendment of the Staff Regulations-Health and Accident Insurance Act
5	Amendment of the Notarinsurance Act 1972
6	Amendment of the Workers ' Manufacturing Act
7	Amendment of the 1977 Unemployment Insurance Act

Article 1

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 49 (7) Z 2 reads:

" 2.		Lecturers at institutions that
a)			predominantly adult education within the meaning of § 1 (2) of the Federal Act on the Promotion of Adult Education and the People's Library of the Federal Republic of Germany, BGBl. No 171/1973;
b)			are entrusted by the labour market service with the provision of services, with regard to these services;
		who are in the BGBl demonstration. II No 228/2001, including their institutions, shall be considered as bodies in accordance with lit. a; "

1a. The following paragraphs 5 to 7 shall be added to Section 53b:

" (5) The service provider is in the cases of § 176 para. 1 Z 7 lit. a and in accordance with the second sentence in the cases of Section 7 (3) APSG of Accident Insurance funds also the difference between the grant to the (para. 1 and 3) and the cost of the payment for payment, including any special payments within the meaning of Section 3 of the EFZG or comparable Austrian legislation for the General Accident Insurance Institution or the General Accident Insurance Institution or the Insurance institution for railway and mining equipment to be paid for uninsured employees. This remuneration shall be due to the service-holder in cases of incapacity for work pursuant to § 7 (3) APSG due to accidents which occurred during an operation in the framework of civil protection and disaster relief.

(6) The Federal Ministry of the Interior has to reimbursing the respective accident insurance institution the costs of the differential compensation provided for in paragraph 5, which for the cases of § 176 (1) Z 7 lit. a and the dismissal from the civil service pursuant to section 7 para. 3 APSG have arisen within the meaning of the second sentence of the second sentence of paragraph 5.

(7) The Federal Ministry for National Defence and Sport has to reimburse the respective accident insurance institution the costs of the differential compensation provided for in paragraph 5, which is based on the dismissal from the presence or training service pursuant to § 7 para. 3 APSG in the sense of of the second sentence of paragraph 5. "

2. § 66 second sentence is deleted.

3. § 67a (4) (1) (1) shall be used before the expression "the company name" the expression "the service provider number, if not available" inserted.

4. § 67a para. 4 Z 2 reads:

" 2.		(a) the VAT identification number, if not the financial office and tax number; and
b)			the service number, in the absence of such persons in the case of persons according to § 67e, the insurance number with the addition "v", in other cases the company name
		of the authorised company and "

5. In § 67a, the following paragraph 5a is inserted after paragraph 5:

" (5a) In the case of transfers of liability claims by companies of persons according to § 67e, the service centre has to forward the liability amounts to the social security institution of the commercial economy that have been received by the service centre. provided that no other eligible health insurance institution requests these liability amounts within 14 days from the date of their entry. "

6. In § 67a (6), first sentence, after the expression "written request, the" the expression "within five years from the date of payment" inserted.

7. § 67a (6) (1) (1) shall be applied after the expression "not all contribution accounts" the expression "according to the ASVG and GSVG" inserted.

8. In § 67a, the following paragraph 6a is inserted after paragraph 6:

" (6a) In the case of non-service companies other than those referred to in § 67e, the amounts of liability shall be the written application to be sent to the Service Centre within five years from the date of payment of the payment of the payment, Service centre, unless an eligible health insurance institution requests these liability amounts within 14 days from the date of their entry into the service centre. If a health insurance institution or the financial authority is to examine the social security or pay tax obligation in Austria or to initiate a determination to establish it, the payment may be made up to the conclusion of the examination procedure. shall be refused. "

9. § 67a is inserted after paragraph 8 of the following paragraph 8a:

" (8a) All companies which submit a request for inclusion in the HFU list, or in the list or in respect of which liability amounts have been provided by a company, the health insurance institution shall, within 14 days, be truthful to all information and to submit documents relating to the following: § § 67a to 67e are of importance. If the sickness insurance institution has doubts as to the accuracy of the information or the documents submitted, it may also require the original documents to be presented. "

10. In § 67b (1), first sentence, after the expression "have provided" the expression "and employ service workers registered as service provider under this federal law" inserted.

11. § 67b (2) first sentence reads:

"A company taken up in the HFU list shall be deleted immediately from this list if the conditions for inclusion in the HFU list in accordance with paragraph 1 are no longer met."

12. The previous text of § 67c receives the sales designation "(1)" ; in paragraph 1 (new) second sentence, the expression: "§ 67b" by the expression "§ § 67b and 67e" replaced.

13. The following paragraph 2 is added to § 67c:

" (2) The Federal Ministry of Finance has the service centre and the health insurance institutions for the enforcement of § § 67b and 67e the VAT identification numbers, the names as well as the seat of the entrepreneurs by means of the to provide automated data transmission on request, provided that such data is available. "

14. In accordance with § 67d, the following § 67e with headline is inserted:

" Special provisions for natural persons without service

§ 67e. If the company is a natural person without a service employee, § § 67a to 67d shall apply with the following special features:

1.		Entrepreneurs who are not included in the HFU list according to § 67b because they are not registered as service employees under this federal law, are for the duration of their compulsory insurance according to the GSVG on the basis of of their self-employed activity, upon written application to the Centre, from that sickness insurance institution whose territory is the seat of the undertaking, to be included in the HFU list if, on the one hand, Date of application of the contributions due up to 15. of the calendar month following the quarter;
2.		such a company, which is included in the HFU list, should be removed immediately from this list if the contributions due under the GSVG are up to the 15th. of that calendar month that follows the quarter, not paid.
In each case, contributions are not eligible for contributions of up to 500 €. "

15. In § 112a the expression "§ 67a (8) or (9)" by the expression "§ 67a (8), (8a) or (9)" replaced.

16. § 123 (3) reads:

" (3) A person's stepchildren are not the physical children of their spouse/spouse or registered partner of their registered partner, even if the other parent of the child is still in the age of lives. The stepkindship continues to exist after the dissolution or annulment of the marriage or partnership entered into. "

(17) The following paragraph 6 is added to § 139:

" (6) The health insurance institution is obliged to provide the insured person six weeks before the end of the maximum period of the health insurance claim on the imminent departure of this claim and the social insurance rights in the Follow these steps. At the same time, it shall forward a copy of that information to the competent pension insurance institution. "

18. In § 215 (4) sublit. bb will be after the word "Together" the expression "or as a stepchild" inserted.

19. § 216 reads:

" § 216. The provisions relating to widows (widows) rente in accordance with § § 215, 215a, 217 and 220 are to be applied in accordance with the provisions of the EPG to surviving registered partners and registered partnerships. "

20. § 217 (2) is repealed.

Section 255 (3b) reads as follows:

" (3b) Activities referred to in paragraph 3a Z 4 are light activities carried out at average time pressure and predominantly in a sitting posture. Activities are also considered to be primarily in a sitting posture, if they are interrupted by temporary changes in posture. "

22. § 259 reads:

" § 259. The provisions relating to widows (widows) pension in accordance with § § 258, 264 and 265 shall apply mutatily to surviving registered partners and registered partnerships under the EPG. "

23. In § 264 (10) (10). b becomes after the word "Together" the expression "or as a stepchild" inserted.

24. According to § 307g the following § 307h is inserted:

" Opinion

§ 307h. If an insured person has requested a benefit from the insurance case of reduced work capacity due to the expiry of the maximum period, the pension insurance institution shall have the right to do so on account of the (imminent) expiry of the entitlement to the health insurance claim. to ensure that opinions can be drawn up in matters relating to the insurance cases of reduced working capacity within six weeks. "

25. § 414 in the version of the Administrative Court Adaptation Act-Social Security receives the sales designation "(1)" ; the following (2) and (3) are added:

" (2) In matters pursuant to § 410 (1) Z 1, 2 and 6 to 9, the Federal Administrative Court shall decide on the request of a party by a senate; this shall also apply to proceedings in which the matters cited are to be assessed as preliminary questions. The Senate consists of one of the chairmen of the judge and two competent lay judges, of which one is to belong to the circle of the service providers and the other to the circle of the service providers. The application shall be submitted at the same time as the complaint or the application for a claim or within four weeks from the date of notification of the appeal.

(3) The right of proposal for the appointment of professional amateur judges from the circle of employees is the Federal Chamber of Labour and/or the Federal Chamber of Labour. the Austrian State Workers ' Chamber, the Austrian Chamber of Commerce, or the Austrian Chamber of Commerce, is the Austrian Chamber of Commerce or the Austrian Chamber of Commerce. the Austrian Chamber of Agriculture. A person from the circle of those lay judges who were proposed by the Austrian Chamber of Agriculture is to be used for proceedings concerning the question of whether the obligation to insurance is under this federal law or the BSVG. For proceedings relating to employment with a service provider who is a member of an agricultural chamber, the lay judges proposed by the Austrian Agricultural Chamber and by the Austrian Chamber of Agriculture and Rural Development are to use. The persons proposed must have special technical knowledge in the field of social security. "

25a. According to § 483 the following § § 484 to 489 together with the headings are inserted:

" Transfer of the assets of benefits from the contributory-oriented system

§ 484. (1) Insofar as persons entitled to receive a grant from the contributory system of the pension institution do not make use of their statutory right up to the end of the 30 November 2013, their right to claim through a To dissolve the capital settlement from the pension institution, the assets assigned to the right to benefits are transferred, and

1.		to the pension fund commitment within the meaning of § 2 Z 1 of the Act on the Law of the State or
2.		in the case of collective insurance within the meaning of Section 2 (1) (1) of the Act on the Law of the State, or
3.		to that life insurance within the meaning of § 2 Z 3 of the Act on the Law of the State,
from the former service provider to the end of the 31. October 2013. In this way, any entitlement to benefits shall be granted to the Pension Institute.

(2) The former employer shall have until the end of the 31. October 2013 neither a pension fund nor a company collective insurance nor a life insurance according to para. 1 is selected, so the respective assets part shall be on the pension fund selected by the pension institute transfer.

(3) At the request of the person entitled to benefit up to the end of 30 November 2013, the amount of assets assigned to their entitlement to benefits shall, by way of derogation from paragraph 1, be on the pension of the pension selected by the pension institution or on the basis of the amount of the pension allocated by the pension institution. Transfer of selected occupational collective insurance to pensioners.

Transfer of assets from the contribution-oriented system

§ 485. To the extent that persons who are entitled to a grant from the pension institution's contribution-oriented system on 30 November 2013 do not exercise their statutory right to the end of 30 November 2013 from their statutory right of substitutes, The assets allocated to the qualifying period shall be replaced by a capital settlement from the pension institution.

1.		to the pension fund commitment within the meaning of § 2 Z 1 of the Act on the Law of the State or
2.		in the case of collective insurance within the meaning of Section 2 (1) (1) of the Act on the Law of the State, or
3.		to that life insurance within the meaning of § 2 Z 3 of the Act on the Law of the State
, from the employer to the end of the 31. October 2013. In this way, any expectation of a service against the pension institution shall be lost. Section 484 (2) is to be applied in a reasonable way.

Selection of a pension fund and an occupational collective insurance by the pension institute

§ 486. In order to transfer the assets of benefits and liabilities from the contributory-oriented system according to § § 484 (2) and (3) and (485) of the last sentence, the pension institute has a call for tenders in accordance with the Bundesvergabegesetz 2006, Federal Law Gazette (BGBl). I n ° 17, until 30 September 2013, to select a pension scheme for the purposes of Section 2 (1) of the Act on the Occupational Pensions Act and a Occupational Collective Insurance (Collective Insurance). In any case, the public invitation to tender must refer to the following categories of persons:

1.		on all eligible beneficiaries of the contribution-oriented system;
2.		to all eligible persons who are no longer employed in any of the Member States and whose eligibility is dormant; and
3.		to all staff members of the pension institution.

Succession of the pension institution in judicial and administrative proceedings

§ 487. (1) With 1. January 2015, the Insurance Institution for Railways and Mining as the legal successor of the Pensionsinstitut enters into all pending proceedings before the courts or administrative authorities in which the Pensionsinstitut is a procedural party.

(2) The Insurance Institution for Railways and Mining shall be liable as the legal successor in respect of liabilities of the pension institution up to the level of the assets transferred from this institution to the insurance institution.

Admission to the supplementary pension insurance of the pension institution of the Linz AG

§ 488. The service providers of establishments that are affiliated to the pension institute may, in agreement with the company representation of the employees, apply until 31 July 2013 to request that their service providers and former employees Employees are admitted to the supplementary pension insurance of the retirement institution of the Linz AG. If such a request is accepted by the Board of Directors of the Board of Directors of Linz AG until the end of September 15, 2013, the asset share of entitlements and benefits shall be derived from the contributory-oriented system of staff and by way of derogation from § § 484 and 485 to the retirement institution of the Linz AG.

Acquisition of the management of the pension institution

§ 489. The Insurance Institution for Railways and Mining takes over with 1. January 2014 the administration of the pension institute. The function of the senior employee of the pension institution is carried out at that time by the executive staff of the Insurance Institution for Railways and Mining. "

25b. The previous text of § 662 receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) The transfer of grant benefits and claims from the contributory-oriented system in accordance with § § 484 and 485 on the basis of the dissolution of the pension institution shall be the same as the termination of a pension fund contract."

25c. The following paragraph 9 is added to § 545:

" (9) The Federal Minister of the Interior shall be responsible for the enforcement of the cost of costs in accordance with Section 53b (6). The Federal Minister for National Defence and Sport is responsible for the enforcement of the cost of costs in accordance with Section 53b (7) of the German Federal Republic of Germany. "

26. In accordance with § 679, the following § 680 shall be added together with the heading:

" Final determination on Art. 1 of the Federal Law BGBl. I No 139/2013

§ 680. (1) It shall enter into force:

1.		With July 1, 2013, § § 255 (3b), 484 to 489 (together with headings) and 662 in the version of the Federal Law BGBl. I No 139/2013;
2.		with 1 August 2013, § § 123 (3), 215 (4) sublit. bb, 216, 259 and 264 (10 lit). b in the version of the Federal Law BGBl. I No 139/2013;
3.		with 1. Jänner 2014 § § 49 (7) Z 2, 66, 139 (6), 307h and the title and 414 in the version of the Federal Law BGBl. I No 139/2013;
4.		with 1. January 2015 § § 67a (4) (2), (5a), (6) (6) (1), (6a) and (8a), 67c (1) and (2), 67e together with the title and 112a in the version of the Federal Law BGBl. I No 139/2013.

(2) Section 217 (2) shall expire on 31 July 2013. "

Article 2

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. In § 4 (1) Z 7 the fifth to ninth sentences are replaced by the following sentences:

" If the exception is made retrospectively in the calendar year, it shall begin with the first of the calendar month following the application, provided that in the calendar year already benefits from sickness or pension insurance have been obtained. For the duration of a child-care allowance or the parenting according to § 3 (3) Z 4, the application is possible irrespective of the conditions of lit. a, b and c; the first sentence shall be applied in such a way as to replace the calendar year. only those calendar months for which the exemption is established; in accordance with this number of calendar months, the revenue and revenue limit shall be reduced and these limit amounts shall be limited to the revenue and revenue generated in these months. except for those months in which: at least for one day of child-care allowance or for a child-raising period; otherwise, the beginning of the derogation shall apply to the fourth sentence; "

Section 83 (3) reads as follows:

" (3) A person's stepchildren are not the physical children of their spouse/spouse or registered partner of their registered partner, even if the other parent of the child is still in the age of lives. The stepkindship continues to exist after the dissolution or annulment of the marriage or partnership entered into. "

Section 133 (2b) reads as follows:

" (2b) Activities referred to in paragraph 2a Z 4 are light activities carried out at average time pressure and predominantly in a sitting posture. Activities are also considered to be primarily in a sitting posture, if they are interrupted by temporary changes in posture. "

Section 137 reads as follows:

" § 137. The provisions relating to widows (widows) pension pursuant to § § 136, 145 and 146 shall apply mutatily to surviving registered partners and registered partnerships according to the EPG. "

5. § 145 para. 10 lit. b becomes after the word "Together" the expression "or as a stepchild" inserted.

6. In § 194, the point at the end of Z 4 shall be replaced by a stroke; the following Z 5 shall be added:

" 5.		§ 414 (2) and (3) of the ASVG is not applicable. "

7. In accordance with § 352, the following § 353 shall be added together with the heading:

" Final determination on Art. 2 of the Federal Law BGBl. I No 139/2013

§ 353. The following shall enter into force:

1.		1 July 2013, § § 4 (1) Z 7 and 133 (2b) in the version of the Federal Law BGBl. I No 139/2013;
2.		with 1 August 2013, § § 83 (3), (137) and (145) (10 lit). b in the version of the Federal Law BGBl. I No 139/2013;
3.		with 1. Jänner 2014 § 194 Z 4 and 5 in the version of the Federal Law BGBl. I No 139/2013. "

Article 3

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 78 (3) reads:

" (3) A person's stepchildren are not the physical children of their spouse/spouse or registered partner of their registered partner, even if the other parent of the child is still in the age of lives. The stepkindship continues to exist after the dissolution or annulment of the marriage or partnership entered into. "

2. § 124 (1b) reads:

" (1b) Activities referred to in paragraph 1a (3) are light activities which are carried out at average time pressure and predominantly in a sitting position. Activities are also considered to be primarily in a sitting posture, if they are interrupted by temporary changes in posture. "

§ 128 reads as follows:

" § 128. The provisions relating to widows (widows) pension in accordance with § § 127, 136 and 137 shall apply analogously to surviving registered partners and registered partnerships according to the EPG. "

4. In § 136, para. 10 lit. b becomes after the word "Together" the expression "or as a stepchild" inserted.

5. In § 149o (3) sublit. bb will be after the word "Together" the expression "or as a stepchild" inserted.

6. § 149q (2) is repealed.

§ 149t reads:

" § 149t. The provisions relating to widows (widows) are to be applied in accordance with § § 149o to 149q and 149s to survivors of registered partners and registered partnerships according to the EPG. "

8. In § 182, the point at the end of Z 6 shall be replaced by a stroke; the following Z 7 shall be added:

" 7.		§ 414 (2) and (3) of the ASVG is not applicable. "

9. In accordance with § 344, the following § 345 shall be added together with the heading:

" Final determination on Art. 3 of the Federal Law BGBl. I No 139/2013

§ 345. (1) It shall enter into force:

1.		with July 1, 2013 § 124 (1b) in the version of the Federal Law BGBl. I No 139/2013;
2.		with 1 August 2013, § § 78 (3), 128, 136 (10) (b), 149o (3) sublit. bb and 149t in the version of the Federal Law BGBl. I No 139/2013;
3.		with 1. Jänner 2014 § 182 Z 6 and 7 in the version of the Federal Law BGBl. I No 139/2013.

(2) § 149q (2) shall expire on 31 July 2013. "

Article 4

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. In § 56, the following paragraph 2a is inserted after paragraph 2:

" (2a) The stepchildren of a person are not the physical children of their spouse/spouse or registered partner of their registered partner, even if the other parent of the child is still in the age of lives. The stepkindship continues to exist after the dissolution or annulment of the marriage or partnership entered into. "

2. In § 113 (7) sublit. bb will be after the word "Together" the expression "or as a stepchild" inserted.

Section 114 (2) is repealed.

§ 114a reads as follows:

" § 114a. The provisions relating to widows (widows) rente in accordance with § § 112 to 114 and 116 shall apply to survivors registered partners and registered partnerships according to the EPG. "

§ 129 reads as follows:

" § 129. With regard to the procedure for the implementation of this Federal Act, the seventh section of the General Social Insurance Act shall apply with the proviso that:

1.		on the application for recognition or for the official determination of any other benefit from the accident insurance scheme in the public sector, with the exception of a performance in accordance with § 88 Z 1 lit. (b) in any case, shall be issued;
2.		§ 414 (2) and (3) of the ASVG is not applicable. "

6. In accordance with § 236, the following § 237 and heading is added:

" Final determination on Art. 4 of the Federal Law BGBl. I No 139/2013

§ 237. (1) It shall enter into force:

1.		with 1 August 2013, § § 56 (2a), 113 (7) sublit. bb and 114a in the version of the Federal Law BGBl. I No 139/2013;
2.		with 1. Jänner 2014 § 129 in the version of the Federal Law BGBl. I No 139/2013.

(2) Section 114 (2) shall expire on 31 July 2013. "

Article 5

Amendment of the Notarinsurance Act 1972

The Emergency Insurance Act 1972, BGBl. N ° 66/1972, as last amended by the Federal Law BGBl. I No 86/2013, shall be amended as follows:

1. § 54a reads:

" § 54a. The provisions relating to widows (widows) pension pursuant to § § 54, 55 and 56 are registered partners and registered partnerships according to the registered partnership law (EPG), BGBl. I No 135/2009. '

2. In § 55 (6) sublit. bb will be after the word "Together" the expression "or as a stepchild" inserted.

Section 65 (1) reads as follows:

" (1) With regard to the procedure for the implementation of this federal law, the seventh part of the General Social Insurance Act (ASVG) shall apply with the proviso that:

1.		in the case of a service accident of a notarial candidate of the notary/notary, in the event of a service accident of a notary/of a notary, or if as a result of a A notary/notary was killed, the eligible widow/widower and/or the eligible widow/widow/ the eligible orphan of the insurance institution must notify the service accident within 30 days; § 363 ASVG is not applicable;
2.		§ 414 (2) and (3) of the ASVG is not applicable. "

4. In accordance with § 119, the following § 120 together with the title is added:

" Final determination on Art. 5 of the Federal Law BGBl. I No 139/2013

§ 120. The following shall enter into force:

1.		1 August 2013, § § 54a and 55 para. 6 sublit. bb in the version of the Federal Law BGBl. I No 139/2013;
2.		with 1. Jänner 2014 § 65 (1) in the version of the Federal Law BGBl. I No 139/2013. "

Article 6

Amendment of the Workers ' Manufacturing Act

The Workers ' Abortion Act, BGBl. No. 107/1979, as last amended by the Federal Law BGBl. I No 100/2002, is amended as follows:

1. § 2 para. 2 reads:

" (2) Employees of railways within the meaning of § 1 (1) (1) and (2) of the Railway Act 1957, BGBl. No 60 insured under the supplementary pension insurance scheme of the Pension Institute for Transport and Public Services, additional pension benefits, which are covered by the benefits arising from statutory pension insurance, shall be: , to be included in the copy. By way of derogation, employees and employees of railway companies within the meaning of § 1 Z 1 and 2 of the Railways Act 1957 additional pension benefits

1.		from 1. Jänner 2014 from Anwartschaften pursuant to § 481 ASVG,
2.		from 1. January 2021 from contributions based on contributions by the employers in accordance with § 481 of the ASVG,
which exceed the services due to the statutory pension insurance scheme, included in the clearance. "

2. In Art. VII is inserted in accordance with section 2b of the following paragraph 2c:

" (2c) § 2 para. 2 in the version of the Federal Law BGBl. I n ° 139/2013 is 1. Jänner 2014 in force. "

Article 7

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I n ° 138/2013, shall be amended as follows:

1. § 23 (4) reads:

" (4) The claim can also be asserted by a representative or a representative and rests against § 16 para. 1 lit. c not during the accommodation in a nursing or nursing home and contrary to § 16 para. 1 lit. g not during the regional office reported stays abroad. In the case of persons who are no longer entitled to compensation from an upright service and whose entitlement to sickness benefit is exhausted, unemployment is to be accepted when applying for a benefit under Section 1 (1) (1) of the Unemployment. In the case of persons who are considered to be unemployed in accordance with the previous sentence, and in the case of persons whose entitlement to unemployment benefit (emergency assistance) is based on the accommodation in a nursing or nursing home and whose entitlement to sickness benefit is exhausted, under the condition that the person concerned is subject to the assessment as soon as possible, until the relevant expert opinion has been assessed in accordance with paragraph 3 above, that the person concerned is not likely to be able to work. "

2. The following paragraph 138 is added to § 79:

" (138) § 23 (4) in the version of the Federal Law BGBl. I n ° 139/2013 is retroactive with 1. Jänner 2013 in force. "

Fischer

Faymann