Care Money Reform Act 2012

Original Language Title: Pflegegeldreformgesetz 2012

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58. Act with the Federal Constitutional law, the Federal care allowance Act, the crime victims Act, the postal structure Act and the Federal disabled persons act be modified (care allowance Reform Act 2012)

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, last amended by Federal Law Gazette I no. 98/2010, is amended as follows:

1. in article 10 par. 1 Z 11 and article 102 is paragraph 2 after the fact "Social and contract insurance;" the fact "Maintenance money creature;" inserted.

2. Article 151 45 the following paragraph is added:

"(45) article 10 par. 1 Z 11 and article 102 paragraph 2 as amended by Federal Law Gazette I no. 58/2011 apply with January 1st, 2012." For the transition to the new legal situation:



1 the State provisions governing the care of money matters are federal laws within the meaning of this Act.

2. on the basis of the laws referred to in subpara 1 issued regulations are regulations of the Federal Government and apply, insofar as they contradict the organizational provisions of this Act, as modified by analogy.

3. to what extent continue to apply are the laws referred to in no. 1 and no. 2 and regulations on pending on January 1, 2012, is determined deadline; the carrying out of such procedures is to the countries. The provisions applicable to the matters of article 11 this Act are apply in this respect accordingly.

4. more can be taken framework provisions on the transition to the new legal situation.

5. the competent Federal Minister shall report to the National Council and the Federal Council no later than 31 December 2014 on the execution of the Affairs of maintenance money creature."

Article 2

Amendment of the Federal care allowance Act

The Federal care allowance Act Federal Law Gazette No. 110/1993, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. the table of contents is part 1:



"1.TEIL





Federal care allowance Act - BPGG







1 SECTION





General terms and conditions







§ 1.





Purpose of the long-term care benefit







§ 2.





Linguistic equality







2. SECTION





Eligible persons







§ § 3-3b.





Person County







§ 4.





Eligibility requirements







Section 4a.





Minimum ratings







3. SECTION





Care allowance







§ 5.





Height of the long-term care benefit







§ 6.





Meeting similar claims







§ 7.





Credit transfer







§ 8.





Advances







§ 9.





Start, change, and at the end of the claim







§ 10.





Duty of disclosure







§ 11.





Replacement of wrongly received care funds







§ 12.





Rest of the claim







§ 13.





Claims of the carrier of social assistance







§ 14.





Accounts for







§ 14a.





Claims of decision makers







§ 15.





Attachment and pledge







§ 16.





Transition of damages







§ § 17-18.





Payout







§ 18a.





Payout and advances at family Hospice leave







§ 19.





Eligibility and continuation of the proceedings







§ 20.





Replacement of cash payments by kind







§ 21.





Income tax and fee waivers







3A. section





 







§§ 21a. -21 b.





Donations from the support fund







4 SECTION





 







section 22.





Decision makers







5. SECTION





 







section 23.





Reimbursement of costs







6 ARTICLE





Procedure







§ 24.





General terms and conditions







§ 25.





Submission of the







Section 25a.





Review







section 26.





Duty to cooperate







§ § 27-28.





Notices







section 29.





Accounts for







section 30.





Replacement of travel expenses







§ 31.





Expert







§ 32.





Investigation and processing of data







§ 33.





Participation







6a. section





Quality assurance







§ 33a.





Quality assurance







section 33 b.





Information and control







§ 33c.





Promotion of projects of care provision







7 SECTION





 







§ 34.





Scope of metaphor







8 SECTION





 







§ § 35 - 36a.





References







section 37.





Entry into force of regulations







9 SECTION





 







§ § 38-48.





Transitional law







§ 48a.





Transitional provisions to the Act Federal Law Gazette I no. 128/2008







§ 48 b.





Transitional provisions to the Act Federal Law Gazette I no. 111/2010







section 48c.





Transitional provisions to the Act Federal Law Gazette I no. 58/2011







paragraph 49.





Entry into force"





 

2. (constitutional provision) Article including title is omitted.

3. the heading "Article II" is omitted.

4. in the section 3, paragraph 1, the point is replaced at the end of the Z 8 with a semicolon; following Z 9 is added:



"9 receiving a rest or supply consumption, supply money, maintenance contribution (on pension benefits), transition contribution, rest cover, allowance, pension, disabled pension or comparable performance according to state provisions in the applicable versions."

5. According to section 3, following paragraphs 3a and 3B are inserted:

'section 3a. (1) entitlement to nursing allowance in accordance with the provisions of this Federal Act is also without basic services in accordance with article 3, paragraph 1 and 2 for Austrian nationals who have their habitual residence in Germany.

(2) the Austrian citizens are equal:



1. strangers who do not fall under one of the following numbers, to the extent that equality resulting from international treaties or European Union law, or 2. strangers, which according to § 3 of the asylum Act 2005, Federal Law Gazette I no. 100/2005, most recently amended by the Federal Act Federal Law Gazette I no. 38/2011, has been granted asylum, or 3 people, over a Union legal right of residence pursuant to articles 65 and 65a of the Aliens Police Act 2005 (FPG) , BGBl. I no. 100/2005 as amended by Federal Law Gazette I no. 38/2011, or in accordance with paragraphs 51 to 54 and 57 of the settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005 as amended by Federal Law Gazette I have no 38/2011, or 4 persons, who have a residence permit of a) "EU blue card" according to § 42 NAG, b) NAG "Long-term resident EC" in accordance with article 45, c) NAG "permanent residence family member" pursuant to § 48 , d) "Family member" in accordance with section 47 subsection 2 NAG or e) in accordance with paragraph 49 NAG have.

(3) no entitlement to nursing allowance referred to in paragraph 1 have in particular



1 persons who can be included, but were not yet involved in accordance with article 3, par. 3 and 4 in the eligible group of persons according to § 3 para 1, 2. inactive EEA citizens, Swiss nationals and their family members each in the first three months of their stay, 3. persons during their visa-free or visa-required stay in Germany, 4 people, only a temporary right of residence pursuant to § 13 asylum Act 2005 have.

§ 3 b. Of the eligibility requirement of the usual stay in Germany according to § 3 para 1 to 4 and Article 3a, paragraph 1 is to be seen if the stay abroad on behalf of a required training."

6 § 6 par. 2 Z 3 to 5 is:



"3. decision makers pursuant to § 22 para 1 No. 3 and 7a;"

4. Federal Agency for social and Disability Affairs;

"5. decision-makers in accordance with section 22 paragraph 1 Z 5."

7. in section 6 paragraph 3, the expression is "pursuant to par. 2 Z 1, 2 or 3" by the expression "in accordance with paragraph 2 Z 1, 2, 3 or 5" replaced.

8 the following sentence is added to. in section 6, paragraph 4:

"This does not apply in cases of § 3a."

9. in § 9 para 1, the second sentence is omitted.

10 paragraph 12 paragraph 2:

"(2) the carrier of sickness and accident insurance, the health care institution and are in par. 1 Z 1 country health fund referred to committed to sign a hospitalization pursuant to par. 1 Z 1 of a carer subscriber immediately the competent decision makers."

11 paragraph 13 paragraph 3:


"(3) paragraph 1 is to apply only if and to the extent that the Verpflegskosten not on the basis of other federal or landesgesetzlicher claims of the cost are covered."

12 § 14 is omitted.

13 the following paragraph 3 is added to § the 14a:

"(3) has granted the pension insurance institution in cases of § 3a for a period care allowance, in which on the basis of the ranking of the § 6 an other decision makers, for the performance of the care allowance is responsible, so this claim to the pension insurance company shall pass; Paragraph 2 is to apply mutatis mutandis."

14 § 17 the following paragraph 3 is added:

"(3) the maintenance money for beneficiaries in accordance with § 3 paragraph 1 No. 5 lit. c, Z 6 lit. c and section 3a is paid out monthly in hindsight on the first of the following month; Article 104 para 2 is to apply mutatis mutandis. ASVG"

15 § 22 para 1 sub-para. 3 to 5 is:



"3. § 3 para 1 No. 4 lit. a to i and k and Z 9 the insurance company of public servant;

4. § 3 para 1 subpara 1 lit. g, Z 5 lit. a, b and d, no. 6 lit. a and b and Z 8 the Federal Office for social and Disability Affairs;

5. § 3 para 1 No. 5 lit. c, Z 6 lit. "c and Article 3a the pension insurance institution."

16 para 1 No. 6, 7, 8 and 9 are eliminated § 22.

17 the following paragraph 5 is added to § the 23:

"(5) the Federal Government has Z 5 and the insurance company public servant as decision makers in accordance with § 22 para 1 No. 3 for those receiving a performance according to article 3, paragraph 1 Z 4 lit the superannuation fund as decision makers in accordance with article 22, paragraph 1. b, c and e, as well as article 3, paragraph 1 Z 9 proven in income expenses for the nursing allowance, as well as in para 1 first sentence similar to replace paragraph 1 stated further expenses. The Federal Government has the proper reimbursement these decision makers monthly to the extent required, taking into consideration on its cash position to litigation. "This applies to the public servant insurance company in so far, as the benefits under analogous application of § § 4 and 5 para 2 Bundespensionsamtübertragungs Act, Federal Law Gazette I no. 89/2006, from federal funds are provided."

18. in § 25 para 1 first sentence is the expression "or in the case of an official-proceedings pursuant to § 9 para 1 second sentence".

19. in article 27 par. 4, the expression is "pursuant to sections 13, 14 and 18 para 2" by the expression "in accordance with sections 13 and 18 para 2" replaced.

20 paragraph 33 section 3:

"(3) the district administrative authorities, the offices of provincial governments, the welfare associations, Vienna Social Fund, the communities, the tax authorities of the Federal Government, the public and private hospitals, the health care institution, the private inpatient care and nursing facilities, as well as the legal professional representatives of the lawyers are obliged to participate at the reasoned request of decision makers or the courts in the investigation for the implementation of this federal law, if this is in the interest of simplicity" , Practicality and cost savings is located. The duty includes the transmission of data within the meaning of paragraph 1."

21 in the section 33, subsection 4, the expression is "§ 22 para 1 Nos. 3, 4, 6, 7 and 8" by the expression "section 22 para 1 Nos. 3 and 4" replaced.

22. the section 33 be attached following paragraph 5 and paragraph 6:

"(5) the offices of the provincial governments, the land School Board for Upper Austria, which are Telekom Austria AG, Österreichische Post AG and Österreichische PostBus AG No. 3, as well as the superannuation fund as the decision maker to section 22 paragraph 1 commits, the insurance institution of public servant as decision makers in accordance with article 22, paragraph 1 Z 5 all for the acquisition of nursing allowance cases due to the Federal Act Federal Law Gazette I no. 58 / 2011 required data electronically usable form in a timely manner to leave."

(6) the main Association of Austrian social insurance institutions has finding the conditions or the height of a care-related performance of social assistance or the demand-oriented minimum protection as well as for the related upcoming expenses and Radebe set procedures electronically through a query option in the Federal care benefit database available to provide the countries on request with following data if required:



1 nursing allowance level, statement amount of the benefit statement month, 2. commencement of performance, 3. date and reason of the setting of the power cover.

The for social insurances costs of the main Association of Austrian are to replace the countries."

23. in section 34 paragraph 1, the expression is "according to section 22 para 1 Nos. 1 and 2" by the expression "in accordance with article 22, paragraph 1 Nos. 1, 2 and 5" replaced.

24. in article 34 paragraph 2, the expression is "according to section 22 para 1 Z 7a" by the expression "according to section 22 para 1 No. 3 and 7a" replaced.

25. after section 36 the following § 36a shall be inserted:

"§ 36a. As far as federal regulations on the nursing allowance according to the previous provisions provisions referenced in these apply from 1 January 2012 as references to the nursing allowance under this Federal Act in the respective grammatical form."

26. pursuant to § 48, b is inserted the following section 48 c together with the heading:

"Transitional provisions to the Act Federal Law Gazette I no. 58/2011"

section 48c. (1) final decisions taken on the basis of landesgesetzlicher rules, considered decisions under this Federal Act.

(2) a carer legally recognized on the basis of landesgesetzlicher regulations to December 31, 2011, as recognized under this Federal Act from January 1, 2012. Persons, a carer is legally recognized to December 31, 2011 under the existing State regulations, are entitled to nursing allowance from 1 January 2012 according to the provisions of this Federal Act amounting to the level granted under Laender legislation so far; Decisions about it are not once again to adopt. § 48B para 1 to 4 is to apply mutatis mutandis.

(3) the care allowance is considered according to the previous provisions regulations at the end of the December 31, 2011 set.

(4) all concluded on January 1st 2012 still not legally, in particular on granting or increasing the care allowance under the existing State rules, procedures of the or against up to 31 December 2011 competent decision makers through right strong completion, including any engage proceedings, according to the State regulations to finish. After final completion of this procedure, para 1 to 3 are to apply by analogy. Up to the final end of this procedure, the previous decision makers for all matters of the implementation remains responsible. After completing the procedure, § 33 para 5 shall apply. The Federal Government has to replace the paid expenses for a from 1 January 2012 proper care money the countries in such cases.

(5) in the case of a suspension of the entitlement to care allowance under the existing State regulations, § 12 shall apply from 1 January 2012.

(6) the amount of the transferred claim pursuant to article 13 is to redetermine officio in cases where to December 31, 2011, according to the recent State regulations, a transition of the claim took place on care money because of an in-patient care, with effect from January 1, 2012.

(7) reclaim, set-off and rights of recourse of the previous land care money carrier go over with effect from January 1, 2012, on the Federal Government; the provisions of this Federal Act shall apply mutatis mutandis.

(8) he deserves instead of the proportionate part of the care allowance in accordance with § 9 para 3 of the calendar month in which the entitlement to nursing allowance goes out according to state regulations of countries of lower Austria, Salzburg, Styria, Tyrol, and advance on the occasion of transferring the land care allowance cases through the Federal paid Vorarlberg the care allowance paid for December 2011. The Federal Government has the countries of lower Austria to replace the effort for this advance payment, Salzburg, Styria, Tyrol and Vorarlberg.

(9) for persons in accordance with article 3, paragraph 1, no. 5 lit. c and Z 6 lit. c, involving a nursing allowance in December 2011 and where the entitlement is maintained on December 31, 2011, is an advance on maintenance money from the expiry of the 31 December 2011 competent decision makers. This advance is due instead of the proportionate part of the care allowance pursuant to § 9 para 3 for the month in which entitlement to nursing allowance is void. The advance payment is payable amounting to the care allowance paid for December 2011 at the latest on January 1, 2012. All applicable to the care allowance provisions with the exception of article 12 apply also for the advance payment.

(10) a carer that is done people to 31 December 2011 in accordance with landesgesetzlicher provisions to prevent a social hardness, as well as applications in proceedings which are to be made at this time, mutatis mutandis apply paragraph 1 to 4.'

27. the section 49 be added following paragraph 17 to 20:


"(17) table of contents 1 part, § 3 ABS. 1 Z 9, sections 3a and 3B, article 6 par. 2 Z 3 to 5, article 6, para. 3, § 6 para 4, § 9 para 1, § 12 para 2, § 13 para 3, § 14a para. 3, article 17, para. 3, article 22, paragraph 1 Z 3 to 5, § 23 para 5, § 25 para 1 first sentence, section 27 para. 4, art. 33 par. 3 to 6" , Article 34, paragraph 1 and 2, § 36a and section 48c and heading as amended by Federal Law Gazette I no. 58/2011 apply with January 1st, 2012. At the same time the State provisions governing the Affairs of the care of the money, as well as the regulations issued on the basis of these laws, contact and these continue to apply 48c para 4 and 10 on the proceedings in accordance with section.

(18) (constitutional provision) article with heading occurs at the end of the December 31, 2011 except force.

(19) expiration of the December 31, 2011 except power contact the heading "Article II", section 14 and section 22 para 1 Nos. 6, 7, 8 and 9.

(20) organizational and personnel measures, as well as implementing measures, which I No 58/2011 is required for the execution of this Federal Act in the version of Federal Law Gazette, can be used I no. 58 / 2011 following day of the promulgation of the Federal Act Federal Law Gazette."

Article 3

Amendment of the crime victims Act

The crime victims Act Federal Law Gazette No. 288/1972, as last amended by Federal Law Gazette I no. 4/2010, is amended as follows:

1. in the section 13, paragraph 1, the last sentence is omitted.

2 12 the following paragraph is added to in article 16:

"(12) § 13 para 1 as amended by the Federal law. I no. 58/2011 effective with January 1, 2012."

Article 4

Change of post structure law

The post structure law, BGBl. No. 201/1996, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. § 17 paragraph 7c is:

"(7c) off paid transfer amounts are in force of this federal law of insurance carriers to pay in full at the Federal." For the enforcement of the Federal care allowance Act public servant reimbursement is through the insurance Covenant after in accordance with § 23 para 5 BPGG."

2. § 17 the following paragraph 7 d is added:

"(7 d), the officer is assigned to the following paragraph 1a has a share of the premium income for the insured in accordance with section 22 B KUVG, that matches a contribution rate of 0.8 per cent, on the Federal Government to make."

The following paragraph 8 is added to § 3. 24:

"(8) I will take no. 58/2011 § 17 paragraph 7 c and par. 7 d in the version of Federal Law Gazette 1 January 2012 effect."

Article 5

Amend the Federal disabled persons act

The Federal Disability Act, Federal Law Gazette No. 283/1990, amended by Federal Law Gazette I no. 111/2010, is amended as follows:



1. paragraph 13d:





section 13d.

(1) the disability Attorney is appointed for a period of four years. Re-appointment is permissible. After the expiry of the term of Office of four years, the reigning disabled lawyer has to continue the business so long, until a new disability Attorney is appointed. The time of continuation of the shops by the reigning disability lawyer is counting on the term of Office of the newly appointed disability advocate.



(2) the Federal Minister for labour, Social Affairs and consumer protection has the function to write out publicly before ordering a disability lawyer. People with disabilities are specifically for application to invite.

(3) to the disability lawyer can who is intrinsically-entitled and has following conditions only be ordered:



1 special experiences and knowledge in the areas of concerns of people with disabilities, the equal treatment and the appropriate legislation, 2. knowledge of the labour and social law, 3. practical experience with regard to the areas of disability advocate.



When same other suitability, preferable to is a person with a disability when ordering.



(4) the Federal Minister for labour, Social Affairs and consumer protection has to listen to the federal disability Advisory Board (§ 8) upon receipt of the applications and prior to ordering. § 10 para 1 No. 6 Association known who conduct a hearing with the candidates in the shortlist drawn.

(5) the disability lawyer is to the conscientious exercise of his function and - unless he is subject to not maintain official secrecy in accordance with article 20 B-VG - secrecy over all in the exercise of his activity known business and trade secrets as well as privacy and family relationships committed to him.

(6) the Federal Minister for labour, Social Affairs and consumer protection has to dismiss the disabled lawyer from its function when it requested the removal or neglected the duties of his position.

(7) the Federal Minister for labour, Social Affairs and consumer protection has to appoint a staff member of his departments acting on behalf of the disabled lawyer representing them in the case of a temporarily impeding occurred for an important reason, for a period of not more than 12 months. The disability lawyer has communicated its prevention the Federal Minister for labour, Social Affairs and consumer protection. The para 3 to 6, sec. 13 c and § 13e para 2 are to be applied."

2. § 54 14 the following paragraph is added:

"(14) section 13d in the version of Federal Law Gazette I 58/2011 joins No. 1 August 2011 in force."

Fischer

Faymann