Amend The Child Care Money Act, The Parental Leave Money Act And Of The General Social Security Act

Original Language Title: Änderung des Kinderbetreuungsgeldgesetzes, des Karenzgeldgesetzes und des Allgemeinen Sozialversicherungsgesetzes

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76. Federal law that modifies the child care money law, maternity leave money law and the General Law on social security

The National Council has decided:

Article 1

Amendment to the child care money Act

The child care money law (KBGG), Federal Law Gazette I no 103/2001, as last amended by Federal Law Gazette I no. 168/2006 and the 2007 amendment to federal ministries, Federal Law Gazette I no. 6, is amended as follows:

1 § 2 para 1 subpara 1 is:



"1. for this child family allowance in 1967, BGBl. No. 376, is under the equalisation Act and family allowance for this child is actually involved," 2. In article 2, paragraph 1, the amount of "14 €600" is replaced by the amount of "16 €200" Z 3.

3. § 2 para 5 are added the following records:



"The waiver may be revoked. A revocation is possible only for whole calendar months and maximum six months retroactively."

4. in section 3, paragraph 2, the number "21" the number is replaced "25".

5. paragraph 1 the following sentence is added to § 3a:



"Requirement for entitlement to the amount of boost is an entitlement to payment of the childcare allowance."

6 § 3a paragraph 2 reads:



"(2) in the case of a new entitlement to childcare allowance for another child goes to without prejudice to article 5, paragraph 5 the surcharge pursuant to par. 1 according to the type of performance selected for multiple children (articles 3, 5a or 5b) until up to the age of 36, 24 or 18 month of life of the multiple child."

7 § 3a paragraph 3 reads:



"(3) for the second or more multiple child are in § 7 par. 2 and 3 provided mother-child pass examinations not established, the surcharge for this multiple child decreases according to the activity type selected for multiple children (articles 3, 5a or 5b) pursuant to par. 1 from 25, 17 or 13 months of this child to 50 VH."

8 § 5 paragraph 5 first sentence reads:



"The entitlement to childcare allowance ends no later than at the end of that day which precedes the birth of another child or adoption (in care exception) of a younger child."

9. According to § 5, following paragraphs 5a and 5b and heading shall be inserted:



"Short services



§ 5a. (1) by way of derogation from article 3, paragraph 1 the childcare allowance is €20.8 daily, unless it is made in the course of submission as a short performance in the meaning of paragraph 3.

(2) the not detected provided mother-child passport examinations in § 7 para 3, is €10.4 daily childcare allowance as a short performance at the height of paragraph 1 from the 17th month of life of the child.

(3) takes only one parent childcare allowance as a short performance at the height of section 1 claim this is due to no longer than until the completion of the 20th month of life of the child. Also the second parent makes this claim, the claim duration on the completion of the 20th month of life extends also to those period, the second parent claims, but no more than to the end of the 24th month of life of the child.

(4) in the case of a multiple birth, § 3a is independent of paragraph 1 apply.



§ 5 (1). by derogation from article 3, paragraph 1 the childcare allowance is €26.6 every day, unless it is made in the course of submission as a short performance in the meaning of paragraph 3.

(2) the not detected provided mother-child passport examinations in § 7 para 3, is €13.3 daily childcare allowance as a short performance at the height of paragraph 1 from the 13th month of life of the child.

(3) takes only one parent childcare allowance as a short performance at the height of section 1 claim this is due to no longer than until to the end of the 15th month of life of the child. Also the second parent makes this claim, the claim duration on the completion of the 15th month of life extends also to those period, the second parent claims, but not more than up to the completion of the 18th month of life of the child.

(4) in the case of a multiple birth Article 3a is independent of paragraph 1 to apply."

10 § 6 the following paragraph 3 is added:



"(3) the entitlement to childcare allowance rests, if entitled to comparable foreign family benefits, in the amount of foreign services. The difference between the comparable foreign family benefits and childcare allowance will be applied after the end of the foreign family benefits on the childcare allowance."

11. in section 7, paragraph 2, the number "21" by the number will be replaced "25".

12 paragraph 7 para 3:



"(3) entitlement to childcare allowance as a short performance



1. in accordance with article 5a, paragraph 1 and Article 3a, paragraph 1 from the 17 months 2. pursuant to section 5 b paragraph 1 and section 3a, paragraph 1 from the 13th month of life consists if five examinations during pregnancy and more five examinations of the child up to the age of 14 are made in the regulation referred to in paragraph 1 month after. The first 9 investigations must at least until the end of the 11th month of life of the child and the 10 investigation no later than the end of the 18th month of life of the child must be demonstrated by presenting the relevant investigation confirmations."

13 paragraph 7 subsection 4:



"(4) Notwithstanding the par. 2 and 3 is the entitlement to childcare allowance in accordance with article 3, paragraph 1, section 5a paragraph 1, § 5 par. 1 b and section 3a, paragraph 1, if"



1. the carrying out or the detection of failing tests for reasons that are not represented by the conversion of their parents, or 2. proof is brought to at least to the completion of the third year of the child."

14 article 8, paragraph 1 Z 1 are attached the following records:



"Similar services remain the week money out approach. The income tax exempt on the basis of international treaties should be treated when determining the relevant total amount of income as taxable income."

15. According to article 8, the following paragraph 8a is inserted:



"Insert control



§ 8a. The relevant total amount of income pursuant to section 8 exceeds the limit amount according to § 2 para 1 Z 3 or § 9 para 3, § 12, so the childcare allowance due for the calendar year in question or the grant to the childcare allowance by the excess amount decreases."

16 9 para 2 the following sentence is added to §:



"Section 4 paragraph 2 applies correspondingly for the subsidy."

17. in article 9, para. 3, the amount of "5 €200" is replaced by the amount "€16 200".

18 9 paragraph 4 the following sentence is added to §:



"The sections 2, para 5 and 5 paragraph 6 shall apply mutatis mutandis."

19 paragraph 12:





§ 12 married mothers and fathers receive a grant if their spouse does no income or the relevant total amount of income (section 8) is not more than 12 €200 (allowance). The allowance increase for each additional person for whose maintenance the spouse on the basis of a legal or moral obligation actually much contributes €4 000."

20. in article 19, paragraph 1 "40 €000" as well as the amount of "32 €705" replaces the amount '10 €175 "by the amount of"14 €000 ", amount"12 €720 "by the amount of"18 €000 ", amount"16 €355 "by the amount of"EUR 22 000", amount"19 €990 "by the amount of"27 €000 ", the amount of"25 €440 "by the amount of"EUR 35 000", the amount of"29 €070 "the amount by the amount of"45 €000 ".

21 § 19 para 2 first sentence reads:



"As income for purposes of reimbursement of paid out subsidies to childcare allowance the income referred to in § 2 section 2 applies EStG 1988 plus tax-free income in the sense of § 3 para 1 Z 5 lit. "a, c and d of the EStG 1988 and amounts referred to in paragraphs 10 and 12 EStG 1988, unless they have been deducted in determining income."

22. in article 19, paragraph 2, the following sentence is inserted after the first set:



"The income tax exempt on the basis of international treaties should be treated when determining the income as taxable income."

23 paragraph 24 paragraph 1:



"(1) in matters of childcare allowance, as well as the subsidy to this performance of statutory health insurance carrier is responsible, whose Zuständigkeit resulting from section 28 for the implementation of the health insurance."

24. under section 26, the following Article 26a and heading shall be inserted:



"Selecting the type of power



Article 26a. Selecting the type of performance (section 3 para 1, article 5a, paragraph 1 or article 5 b paragraph 1) is to meet for the first-time application. This decision binds even the other parent in addition to the applicant parent. A subsequent change of the decision is not possible."

25 paragraph 31 paragraph 4:



"(4) recoveries, according to the paragraphs 1 to 3 were prescribed, can be; offset on the services to be provided up to half of they reduce the entitlement according to. The insurance institution can, taking into account the family, income and financial circumstances of the recipient



1. the reimbursement of the amount unduly paid in installments (installments) allow 2 hours recovery, 3. on the recovery of completely or partially waive.


The sections 60 to 62 of the federal budget law (BHG), BGBl. to apply no. 213/1986, as long as no derogations are provided in this Federal Act are."

26 paragraph 31 paragraph 7:



"(7) which is issuing decisions about recovery benefits under this federal law only within 7 years, calculated from the end of the calendar year in which these services were wrongly involved allowed. A decision on a recovery occurs after the expiration of 3 years from the entry of legal force override, if it was not consummated until that time; § 68 para 2 second and third sentence shall apply ASVG mutatis mutandis."

27 § 36 para 2 Z 5 is:



"5. number of persons entitled to childcare allowance pursuant to § 3 para 2, 3a para 3, 5a 1, 5 (b) par. 1 and 2."

28 paragraph 42:





§ 42. The childcare allowance and the allowance for childcare allowance are neither as income of the child or of the include parent and reduce their maintenance claims does not."

29 paragraph 43:





The entitlement to childcare allowance and the right to grant to the childcare allowance are section 43 (1) in accordance with § 290 of the execution order (EO), RGBl. No. 79 / 1896, not pfändbar.

(2) childcare allowance and allowance for the childcare allowance are exempt from income tax and also is not part of the basis of assessment for taxes and public posts."

30 paragraph 45:





§ 45. persons who have been grossly negligent or intentionally untrue information or relevant facts have concealed and thus



1. wrongly obtained a performance under this Federal Act or 2 another person helped illegal obtaining of performance under this Federal Act are, unless the fact constitutes not an act falling within the jurisdiction of the courts or is threatened after other administrative penal provisions more stringent punishment to punish up to 2 €000 of the district administrative authority with a fine."

31 § 49 be added following paragraphs 13, 14, 15, 16 and 17:



"(13) § 2 para 1 sub-para. 1 and 3, 2 para 5, 3a para 1 to 3, 5 paragraph 5, 5a, 5B, 6 paragraph of 3, 7 para 3 and 4, 9 2 to 4, 12, 19 para 1 and 2, 24 paragraph 1, 26a, 31 para. 4, 36 para 2 Z 5, 42, 43 and 45 in the version of Federal Law Gazette I no. 76 / 2007 come into force on 1 January 2008."

(14) paragraph § 8 1 Z 1, 8a and 31 para 7 with 1 January 2008 into force and are to apply to periods after the year 2007. § 3 par. 2 and 7 para 2 with 1 January 2008 in force and are to apply after 31 December 2007 births.

(15) at the end of December 31, 2007, Ordinance of the Federal Minister for social security and generations, with the criteria for hardship cases be set according to the child care money law (KBGG hardship cases Regulation), Federal Law Gazette II No. 405/2001 occurs amended Federal Law Gazette II No. 91/2004, override. On claim checks of the calendar years 2002 to 2007 it continued to apply.

(16) for births prior to 2008 may despite the application and respect of the childcare allowance as from 1 January 2008 only once on the childcare allowance as a short performance (§ 5a or 5 section b) are gone. Deposited requires a separate submission no later than 30 June 2008. 26A second and third sentences and article 4 para 2, § apply accordingly.

(17) the right to set the levy referred to in section 4, barred for the years 2002 and 2003 at the earliest late 2008."

Article 2

Amending the maternity leave money Act

The maternity leave money Act, Federal Law Gazette I no. 47/1997, amended by Federal Law Gazette I no. 34/2004, is amended as follows:

1. in article 2, paragraph 7 and article 5 par. 3 of the expression is "§ 2 paragraph 7, section 5 para 6 and § 8 par. 2 KBGG" each replaced with the expression "section 2 para 5, § 5, para 6, § 8 par. 2 and § 8a KBGG".

2. in article 17, paragraph 4, the expression is "article 12 par. 1 KBGG" by the expression "§ 12 KBGG" replaced.

3. § 57 21 the following paragraph is added:



"(21) I no. 76/2007 section 2 paragraph 7, article 5, para. 3 and § 17 section 4 in the version of Federal Law Gazette 1 January 2008 into force."

Article 3

Change of the General Social Security Act

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by the Federal Act, Federal Law Gazette I no. 45/2007, is amended as follows:

1 in § 162 para 3a the following sentence is added the No. 2:



"Calculation basis is in the article 3 par. 1 called KBGG amount."

634 the following section is added to § 2. 633:



"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 76/2007"



"§ 634th section 162 para 3a subpara 2 as amended by Federal Law Gazette I no. 76/2007 effective with January 1, 2008."

Fischer

Gusenbauer

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