81. Federal Act to amend the Act on the Protection of Persons with Disabilities, the Federal Disabled Persons Act, the Family Tax Equalization Act, 1967, and the Income Tax Act 1988

Article 1

Amendment of the Disabled Persons Act

The disability employment law, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I n ° 67/2008, as well as by the Federal Law BGBl. I n ° 3/2009 (Federal Ministry of Foreign Affairs, 2009) is amended as follows:

1. The text of the previous § 13a shall be replaced by the sales designation "(1)" ; the following (2) and (3) are added:

" (2) The members of the Appellate Commission shall not be bound by any instructions in the performance of their duties in accordance with Article 20 (2) B-VG.

(3) The Appellate Commission is subject to the supervision of the Federal Minister of Labour, Social Affairs and Consumer Protection. The Federal Minister of Labour, Social Affairs and Consumer Protection can, within the framework of his supervisory law, be informed by the Appellate Commission of all matters of the management. "

2. § 14 (2), first sentence reads:

" (2) If there is no proof within the meaning of paragraph 1, the Federal Office of Social Affairs and Disabled Persons, with the assistance of medical experts, shall, at the request of the person with a disability, have the degree of disability in accordance with the provisions of the Assessment Regulation (BGBl. II No 261/2010) and, when the other conditions mentioned in Article 2 (1) are concerned, to establish membership of the disabled person (§ 2) as well as the degree of disability. "

(3) The following paragraph 12 is added to § 25:

" (12) § 13a, § 14 (2), § 26 and § 27 (1) and (1a) in the version of the Federal Law BGBl (Federal Law Gazette). I No 81/2010 will enter into force on 1 September 2010. '

4. In § 26 the lit. b and j; the previous lit. c to i receive the names "b" to "h" . At the end of the new lit. h will replace the stroke point with a point.

Section 27 (1) reads as follows:

" (1) The provisions of § § 7 and 9 (1) of the War Victims Supply Act 1957, BGBl, are not yet legally established on 1 September 2010 for the assessment of the degree of disability. No 152, with the proviso that health damage should be disregarded with an extent of less than 20 vH, provided that such health damage does not, in cooperation with another health damage, be essential Function impairment is caused. This shall also apply until 31 August 2013 for proceedings pursuant to § 14, provided that at the time of the entry into force of this Federal Act a final decision has been made which has been agreed on the membership of the persons with the benefit of the disabled persons. a legally enforceable communication according to the provisions of § § 40ff of the Federal Disabled Law. "

6. The following paragraph 1a is added to Article 27 (1):

" (1a) In the event of an application for a redetermination of the degree of disability after the end of August 31, 2013, the assessment has to be based on the provisions of the assessment ordinance (BGBl. II No 261/2010). In the case of an investigation carried out on its own account, the degree of disability found shall remain unaffected, in the case of an objectively unchanged state of health. "

Article 2

Amendment of the Federal Disabled

The federal disability law, BGBl. No. 283/1990, as last amended by the Federal Law BGBl. I n ° 109/2008 as well as by the Federal Law BGBl. I n ° 3/2009 (Federal Ministry of Foreign Affairs, 2009), is amended as follows:

1. The text of the previous § 1 shall receive the sales designation "(1)" ; the following paragraph 2 is added:

" (2) In the sense of this federal law, disability is to be understood as the effect of a not only temporary physical, mental or psychological impairment of function or impairment of the sensory functions, which is suitable for the purpose of to make it more difficult to participate in life in society. As not only temporarily, a period of more than six months is expected. "

1a. In accordance with Article 13 (5), the following paragraph 5a is inserted:

" (5a) In addition to the replacement of the travel and subsisting costs, the chairman shall be entitled to remuneration for his activity in 1975 with the appropriate application of the provisions of the Fees Act 1975 applicable to Schöffen and Schöffen. As remuneration, one tenth of the compensation of a substitute member of the Constitutional Court for a sitting day (Section 4 (3) of the Constitutional Court Act, BGBl) is due for each hour. No. 85/1953).

2. § 41 (1) and (2) are:

" (1) As proof of the existence of the conditions mentioned in § 40, the last legally binding decision of a rehabilitation carrier (§ 3) or a final judgment of a court in accordance with the Labor and Social Court Act, Federal Law Gazette (BGBl) shall apply. No. 104/1985. The Federal Office of Social Affairs and the Disabled has the degree of disability according to the assessment regulation (BGBl. II No 261/2010), with the participation of medical experts, if:

1.		, according to federal legislation, services are provided on account of a disability and the relevant provisions do not provide for an assessment or
2.		two or more assessments are available in accordance with federal regulations and no overall assessment has been made or
3.		a case of section 40 (2).

(2) Applications for the issuances of a disabled passport, on the acceptance of additional registrations or on the assessment of the degree of disability shall be rejected without the implementation of an investigation procedure if, since the final final decision, No year has passed. This shall not apply if a manifest change in a functional impairment is credibly asserted. "

(4) The following paragraph 12 is added to § 54:

" (12) § 1, § 13 (5a), § 41 (1) and (2), § 55 (4) and (5) in the version of the Federal Law BGBl. I No 81/2010 will enter into force on 1 September 2010. '

5. The following paragraphs 4 and 5 are added to § 55:

(4) The provision of Section 41 (1) in the version of the Federal Law BGBl. I No 81/2010 shall not apply to proceedings pending at the date of entry into force of this Federal Law. These procedures shall be completed on the basis of the provisions in force until 31 August 2010. This shall also apply until 31 August 2013 for procedures in accordance with § § 40ff, provided that a legally binding decision pursuant to § § 40ff or pursuant to § 14 of the Act on the Protection of Persons with Disabilities is available at the time of the entry into force of this Federal Act.

(5) In the event of an application for a redetermination of the degree of disability after the end of August 31, 2013, the assessment has to be based on the provisions of the assessment regulation (BGBl. II No 261/2010). In the case of an investigation carried out on its own account, the degree of disability found shall remain unaffected, in the case of an objectively unchanged state of health. "

Article 3

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I n ° 9/2010, is amended as follows:

1. § 8 (5) fourth sentence reads:

" For the assessment of the degree of disability are § 14 para. 3 of the disability employment law, BGBl. No 22/1970, as amended, and the Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on the detailed provisions concerning the determination of the degree of disability (assessment regulation) of 18 August 2010, BGBl. II No 261/2010, as amended. '

(2) The following paragraph 16 is added to § 55 (15):

" (16) Section 8 (5), fourth sentence, in the version of the Federal Law, BGBl. I n ° 81/2010 will enter into force on 1 September 2010. '

Article 4

Amendment of the Income Tax Act 1988

The Income Tax Act 1988, BGBl. N ° 400/1988, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. § 35 para. 2 Z 2 reads:

" 2.		in which there are no statutory provisions for the assessment, in accordance with Section 7 and Section 9 (1) of the War Victims Supply Act 1957, respectively. according to the assessment regulation, BGBl. II No 261/2010, for the areas covered by it. "

2. The following Z 175 is added to § 124b:

" 175. Section 35, Section 2, Z 2, as amended by the Federal Law, Federal Law Gazette (BGBl). I n ° 81/2010 will enter into force on 1 September 2010. '

Fischer

Faymann