47. Federal Law, which changes the Law on the Promotion of the Study Promotion Act 1992

The National Council has decided:

The Study Promotion Act 1992, BGBl. No. 305, as last amended by the Federal Law BGBl. I n ° 46/2007, as amended:

1. § 6 Z 4 reads:

" 4.		the course of study for which study aid is requested before completion of the 30. Year of life has begun. This age limit is increased
a)			for self-holders in accordance with § 27 for a further year for each full year in which they have been fully self-employed for more than four years, but at most for a total of five years,
b)			for students in accordance with § 28, which are legally required to maintain and educate at least one child, for a maximum of two years per child, but not more than a total of five years,
c)			for disabled students in accordance with § 29 by five years,
d)			for students who take up a Master's degree, by five years, provided they have completed the Bachelor's degree before the age limit is exceeded, taking into account the lit age limit. a to c have started. "

Section 15 (3) reads as follows:

" (3) entitlement to study allowance for a Master's degree programme exists despite the completion of a Bachelor's degree, if the students

1.		have taken the Master's degree at the latest 24 months after the completion of the Bachelor's degree and
2.		the intended period of study for the completion of the Bachelor's degree has not been exceeded by more than three semesters. "

Section 15 (6) reads as follows:

" (6) The periods of time of presence or civil service and periods during the period of maternity protection in accordance with § § 3 and 5 of the Maternity Protection Act, Federal Law Gazette (BGBl) shall be included in the time limits laid down in paragraphs 3 and 2 and 4 (Z) and (2) and (2). No 221/1979, as well as periods for which important reasons have been established within the meaning of Section 19 (2). '

4. § 17 (4) reads:

" (4) A change of study within the meaning of Section 1 (2) is no longer to be taken into consideration if the students have completed as many semesters as in the studies operated before the course of study in the course of study which has now been selected. Recognized exams from pre-studies shorten these waiting times, with the aim of completing the whole semester. "

5. § 18 (6) and (7) are:

" (6) In the calculation of the study period, it is assumed that 30 ECTS points correspond to a study period of one semester.

(7) The regulations relating to the study sections shall apply only to diploma studies. "

6. § 19 (3) Z 2 and 3 reads:

" 2.		in the care and upbringing of a child before the age of six, to which students are legally obliged to do so during their studies, for a total of a maximum of two semesters per child,
3.		in the case of students whose degree of disability is determined according to federal law by at least 50%, by two semesters, "

7. In Section 19 (6), the phrase "The Head of the Student Administration Office has at the request of the student" through the phrase "At the request of the students is" replaced.

8. § 19 (10).

9. § 20 (1) and title reads as follows:

" Study success at universities, theological institutes and universities of applied sciences

§ 20. (1) Students at universities, theological institutes and universities of applied sciences provide proof of a favourable study success

1.		in the first two semesters by admission as ordinary students;
2.		After the first two semesters in total and after the first two semesters of each study direction, certificates of successfully completed courses and examinations of compulsory and elective subjects in the extent of 30 ECTS points or 14 Semester hours; proof of the favourable study success is also possible after completion of the first semester of a study direction; in the case of a change of study after the first semester, the success of the study can also be half of the two semesters. Study directions are shown;
3.		after each period of study by the filing of the diploma or the use of the rigorosum;
4.		after the sixth semester of each field of study, which is not divided into study sections or whose intended period of study comprises at least six semesters in the first part of the course of study, through certificates of successful completion of the study Courses and examinations from compulsory and elective subjects with a degree of 90 ECTS credits or 42 semester hours;
5.		by way of derogation from Z 2 after the second semester of a Master's degree in the extent of 20 ECTS credits or ten semester hours, after the second semester of a doctoral studies to the extent of twelve ECTS credits or six semester hours. "

10. § 20 (3) to (7), § 21, § 22 and § 22a are deleted.

11. § 28 together with the title is:

" Maximum study assistance for students with children

§ 28. The maximum study allowance for students who are legally obliged to care for and educate at least one child is increased by 60 euros per month for each child. "

12. § 29 and title shall read:

" Maximum study allowance for disabled students

§ 29. The maximum study allowance for disabled students within the meaning of section 19 (3) Z 3 is increased by an amount to be determined by regulation of the Federal Minister for Science and Research (Federal Minister for Science and Research). In this connection, the necessary compensation for the impairment of the degree of study according to the type and extent of the respective handicap shall be assumed

Section 30 (6) reads as follows:

"(6) If the monthly study grant thus calculated is less than five euros, there is no entitlement to study aid."

14. § 31 (1) reads:

" (1) The reasonable maintenance performance of the parents is

		up to 4 725 Euro ......................................................................... 0%
		for the next 4 725 Euro (up to 9,450 Euro) .............................. 10%
		for the next 6 195 Euro (up to 15 645 Euro) ............................ 15%
		for the next 15 315 Euro (up to 30 960 Euro) .......................... 20%
		More than 30 960 Euro .................................................................... 25%
the tax base. A negative income in accordance with § 2 para. 2 EStG 1988 of one parent does not diminished the income of the other parent. If the parents do not live in the common household, the reasonable maintenance allowance shall be the sum of the maintenance benefits to be calculated first by each parent. "

The first sentence of Article 31 (4) reads as follows:

"(4) The reasonable self-performance for students includes the amount of their tax base which exceeds the EUR 8 000."

16. The following sentence shall be added to section 32 (2):

"This amount of compensation shall also be taken into account for previous spouses of the parent if there is a maintenance obligation for them."

Section 32 (4) Z 2 reads as follows:

" 2.		in the case of the parents and the spouse of the student, a further EUR 1 381 each, provided that only income from non-self-employed work within the meaning of Article 25 (1) of the EStG 1988 and tax-free references in accordance with § 9 Z 1 and Z 3 are used for the calculation. "

18. In § 37 (2), the last sentence is deleted.

Section 39 (4) reads as follows:

" (4) For applications, forms must be used which are to be made available electronically by the Office of the Study Assistance Authority. The form sheets shall contain references to the data transmission to be submitted in accordance with § 40. "

(20) The following paragraph 8 is added to § 39:

"(8) An application for re-establishment of rights in accordance with § 71 of the AVG (AVG) is admissible against the delay in the application period."

21. § 41 (5) reads:

" (5) After the expiry of the period of recognition in accordance with paragraph 1, the claim shall be reassessed on the basis of the last application (section 39, paragraph 1, second sentence) of the claim if, since the last request, the right to study grant or study grant was uninterrupted; Otherwise, a new application shall be submitted. The communication shall be issued within six weeks of the completeness of the data required for the completion of the execution. The following applies in the winter semester of the first semester of the year 1 as the relevant date in the sense of § § 1 (4), 7 (2) and 41 (2). October, in the summer semester of 1 March. If all of the data required for the release of a new one is available, the decision may be taken before the 1. "

22. § 48 (3) reads:

" (3) Students who have received study grants in the first semester and do not continue to study or continue to study in the first semester have the following to the exclusion of the repayment obligation in the following semester: Application deadline (§ 39 para. 2) to submit proof of study on examinations and courses of compulsory and elective subjects of their studies to the extent of seven ECTS credits or four semester hours. "

23. § 49 (3) reads:

" (3) The entitlement to tuition allowance shall be based on the extent to which the student's base of assessment exceeds EUR 8 000 during a calendar year. Students ' income in months, for which no tuition allowance is paid, shall be disregarded. "

Section 50 (2) reads as follows:

" (2) The entitlement to tuition allowance shall be issued with the end of the last month of that semester (half of the year of training),

1.		with which the period of entitlement for the study section ends, unless the period of study is completed within the time limit for the application of the following semester;
2.		for which the student has not provided proof of study in accordance with Section 20 (1) Z 2, or
3.		after which the student takes up another course of study; this also applies to the exchange of the institutions referred to in § 3 (1); The deletion does not occur if the conditions for the entitlement to study grant are available at the time of the change of study. "

Section 52b (3) Z 2 reads as follows:

" 2.		has not yet completed any studies and no other equivalent training, with the exception of a Bachelor's degree, "

26. § 52c (2) reads:

" (2) For study aid recipients who have paid a tuition fee, they are entitled to a study grant. The amount of the tuition fee corresponds to the tuition fee paid in each case for two semesters, but at most to the general tuition fee in accordance with § 91 (1) of the University Act 2002 for two semesters. "

27. § 52c (4) reads:

" (4) The maximum amount of the tuition allowance for students who are not entitled to study aid is determined in accordance with paragraph 2. It is, however, reduced by that amount which, according to § 30 (2) (1) to (5), each year, the amount of the tuition allowance may be Maximum study aid exceeds 600 euros. The resulting amount shall be rounded up to the whole of the euro. If the annual study grant thus calculated is less than 60 euros, there is no entitlement to a study grant. "

Section 52c (7) reads as follows:

§ § 49, 50 and 51 shall apply for the resting, the extinguishing and for the repayment of the study grant. "

29. According to § 52c the following § 52d with headline is inserted:

" Refundation of the tuition fees

§ 52d. (1) The competent Federal Minister may, within the framework of the private economic administration, provide for the review of tuition fees on the basis of guidelines to students, the non-profit-making activities for educational support in the field of education (Mentoring) to the extent of 60 hours per semester. The guidelines are to be issued by the Federal Minister for Science and Research, but by the Federal Minister of Education, the Federal Minister for Education, the Arts and Culture, with regard to the students at the universities of teacher education. The results are only provided on condition that the students are not relieved of any other form of support of the tuition fees.

(2) The refunding of the tuition fees is not to qualify as a remuneration in the sense of employment contract law and social security law and not as an income in the sense of the Income Tax Act 1998. The activity carried out under this contract (mentoring) is not subject to the Foreigners Employment Act, BGBl. No. 218/1975 (AuslBG) and the Labour Constitution Act, BGBl. No. 422/1974 (ArbVG). The activity of teaching students to institutions in which the social activity is carried out does not apply as an employment agency within the meaning of the Labour Market Promotion Act, BGBl. No. 31/1963 (AMFG). In the accident insurance in accordance with § 175 (4) and (5) of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 76/2007, accidents at work are also considered to be accidents which occur in the activities carried out (mentoring) and in the paths to and from the institution in which this activity is carried out. '

30. The following sentence shall be added to Article 56 (4):

"The time limit for the submission of the proof of success of the study of the studies carried out abroad may be extended in the presence of important reasons within the meaning of section 19 (2) and (3)."

31. In accordance with § 56c, the following § 56d with headline is inserted:

" Mobility fellowships

§ 56d. (1) Mobility fellowships provide support for studies which are operated entirely at recognised universities, universities of applied sciences and universities of teacher education outside Austria in the countries of the European Economic Area or in Switzerland. .

(2) Mobility fellowships are awarded by the Office of Student Affairs according to guidelines of the Federal Minister for Science and Research.

(3) The requirement for the grant is that the students applying for a mobility grant should be granted

1.		have acquired a university entrance qualification in Austria,
2.		the place of residence and the centre of the life interests at least five years before the admission of the study programme, for which a mobility grant is requested, in Austria, and
3.		have not applied for any other support under this Federal Act.

(4) The other conditions correspond to those for the study allowance (§ § 6 to 25).

(5) The calculation and the award of the mobility grants shall be carried out in accordance with the provisions of § § 26 to 51 with the proviso that a maximum scholarship is generally to be assumed in accordance with § 26 paragraph 2 Z 4 (study allowance for foreign students) and Other training support is to be expected. The award is made by the private administration. "

32. § 57 reads:

" § 57. Grant scholarships at universities, private universities, universities of applied sciences and theological teaching institutions are used to recognise outstanding academic achievements. "

§ 58 reads:

" § 58. (1) For each academic year, a total of 5% of the total amount in the Federal Ministry of Education and Training (Federal Ministry of Education and Research) is a total of 5% of the total number of scholarships and grant scholarships (§ § 63 et seq.) of universities, private universities, theological teaching institutions and universities of applied sciences. Science and research in the last calendar year of funding spent on student support.

(2) The Federal Minister of Science and Research (Federal Minister for Science and Research) has, by means of a regulation, has made these budget funds available to individual universities, private universities, theological institutes and universities of applied sciences, according to the number of students in the past academic year. To divide Austrian students ' degrees. The expected number of graduates is to be taken into consideration in the course of the training. The amount shall not be less than EUR 700 per allocation. "

34. § 61 (4) reads:

" (4) The educational institutions have to publish a series of applications. The applicants must submit a reasoned decision on the success of their application. "

35. § 63 reads:

" § 63. Scholarships are provided for the promotion of academic or artistic work by students of ordinary studies at universities, private universities, universities of applied sciences, and theological teaching institutions. "

36. § 64 reads:

" § 64. The funding will be allocated jointly with the funds for performance grants (§ 58) by regulation of the Federal Minister for Science and Research. "

37. § 68 (1) reads:

" (1) The Federal Minister responsible may, within the framework of the private administration, be able to offer students and graduates of full-time studies.

1.		to compensate for social hardship or particularly difficult study conditions,
2.		in support of housing costs,
3.		on the promotion of studies at non-Austrian universities and non-Austrian university universities,
4.		in accordance with the requirements of the study regulations of special study achievements,
5.		for the promotion of foreign stays,
6.		to promote scientific or artistic work,
7.		to promote the acquisition of professional practice,
8.		in support of the funding of tuition fees,
9.		For the promotion of disabled students within the meaning of § 19 (3) (3) (3)
Grant student support (cost subsidies, non-cash benefits). For two semesters, a study support may not be less than 180 euros and may not exceed the amount of the maximum amount of study allowance for this period. "

38. The following paragraphs 30 and 31 are added to § 75:

" (30) In the case of students who have been granted a study grant or a study grant for the summer semester 2008 and the winter semester 2008/09, the study allowance and the study grant are subject to the date of application at the time of application. To recalculate the provisions in force from 1 September 2008.

(31) § 18 (7) is not applicable to students who have taken up their studies prior to the academic year 2008/09. "

39. The following paragraph 27 is added to § 78:

" (27) § 6 Z 4, § 15 (3) and (6), § 17 (4), § 18 (6) and (7), § 19 (3) (2) and (3) and (6), § 20 (1), § 28, § 29, § 30 (6), § 31 (1) and (4), § 32 (2) and (4) (2), § 37 (2), § 39 (4) and (8), § 41 (5), § 48 (4). 3, § 49 para. 3, § 50 para. 2, § 52b para. 3 Z 2, § 52c para. 2 and 4, § 52d, § 56 para. 4, § 56d, § 57, § 58, § 61 paragraph 4, § 63, § 64, § 68 para. 1 as well as § 75 para. 30 and 31 of this Federal Act in the version of the Federal Law BGBl. I No 47/2008 will enter into force on 1 September 2008. Section 19 (10), § 20 (3) to (7), § 21, § 22 and § 22a shall expire on 31 August 2008. "

Fischer

Gusenbauer