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Change In The Equalisation Act 1967

Original Language Title: Änderung des Familienlastenausgleichsgesetzes 1967

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110. Federal law amending the 1967 Family Law Balancing Act

The National Council has decided:

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I No 128/2003 shall be amended as follows:

1. § 30a (1) reads:

" (1) entitlement to school travel allowance shall be granted to persons for children for whom family allowances are granted or for which they are not entitled to family allowances because they are entitled to a similar foreign aid (§ 4 (1), if the child

a)

a public or public-law school in the country of the country as an ordinary pupil; or

b)

A similar school in the border area abroad is visited as an ordinary pupil, which is more favourable to the child than a national school, if compulsory education is available for compulsory education, or

c)

one in the Federal Act concerning the regulation of the medical and technical technical service and the medical assistance services, BGBl. No. 102/1961, or one in the Federal Law on Health and Health Care Professals, BGBl. I n ° 108/1997, attended school, or

d)

one according to the curricula of the in lit. (a) and (b) a compulsory internship at home or in the border area abroad, which takes place outside school hours and which is to be proven by the school by submitting an internship contract; or

e)

one according to the training regulations of the in lit. (c) visited schools designated for practical training, or other facilities located in the territory of the country or in the border area abroad, and

the shortest route between the home and the school (school/internship according to lit. d and e) in one direction (school path) or the shortest route between the home in Germany and the second residence at the place or near the location of the school (school/internship according to lit. d and e) in one direction is at least 2 km long. In the case of handicapped pupils, there is entitlement to school travel allowance even if this route is less than 2 km long and the relaying of this route is not reasonable without the use of a transport means. "

2. § 30a (2) reads:

" (2) entitlement to school travel allowance shall also be granted to full orphans who are granted family allowances (§ 6) or who have no entitlement to family allowances because they are entitled to a similar foreign aid (§ 4 (1)), under the same conditions under which the right to school travel allowance for children is referred to in paragraph 1. "

Section 30d (1) reads as follows:

"(1) The school travel allowance shall be granted only once for a child."

Section 30d (2), first sentence reads:

" The school travel allowance is granted for each month in which the pupil visits the school, but in one school year at most for ten months and in connection with an internship (§ 30a para. 1 lit. d and e) for a maximum of eleven months. "

Section 30f (4) second sentence reads as follows:

" In contracts according to para. 1 and 3 lit. Pupils are only allowed to school for schools within the meaning of § 30a (1) (1 lit). (a) to (c) shall be favoured; the same shall be the same as that provided for in paragraph 3. b only for the school path to schools within the meaning of § 30a paragraph 1 lit. a to c are made. "

6. § 30f (6) reads:

" (6) The Federal Minister for Social Security, Generations and Consumer Protection can, with the concern of the business he has been subject to the above paragraphs, to do so pursuant to § 17a (4) of the Administrative Organizational Organization Act (AVOG), BGBl. No. 18/1975, competent tax office. "

§ 30h para. 2 third and fourth sentence reads as follows:

" The obligation to replace the student decides on the local tax office according to § 17a (4) AVOG (AVOG) according to the residence or habitual residence of the pupil, whereby the determination of a replacement can be made in whole or in part, if the replacement does not exceed the amount of EUR 73 in individual cases. An appeal to the independent financial Senate is admissible against the decision of the financial office. "

8. § 31c (2) second sentence reads:

"The requirement shall be made in the case of the financial office responsible for the respective school in accordance with § 17a (4) AVOG."

9. § 31c (4) reads:

" (4) In so far as the school holders cannot cover the needs of the pupils in school books by vouchers, the school holders are to be authorised by the tax office responsible for the purchase of the school books in accordance with § 17a (4) AVOG. The school books purchased by the school-holders on the basis of such authorization shall be paid by the tax office. "

10. § 31c (5) second sentence reads:

" They are obligated to the Federal Ministry for Social Security, Generations and Consumer Protection and to the financial offices in charge of the exchange of information according to § 17a (4) AVOG and have this insight into the records of "

11. § 31c (6) first and second sentence reads as follows:

" A pupil's disputed claims to a school book or a voucher, as well as the obligation of a school holder to issue a school book or a voucher, decides that for the school attended by the student, according to § 17a (1) (a). 4 AVOG locally competent tax office after hearing the school authority of the first instance. An appeal shall not be admissible against the decision of the financial office. "

The fourth sentence of Section 31d (4) reads as follows:

" On the basis of the obligation to return a school book or the obligation to replace the acquisition value, the competent tax office for the school, which the student has visited or visited, decides in accordance with § 17a (4) AVOG locally competent tax office, against whose decision is admissible to appeal to the independent financial Senate. "

13. § 31e Second and third sentence reads:

" The compensation claims shall be determined by the competent tax office for the respective school in accordance with § 17a (4) AVOG, whereby the determination of a replacement may be made in whole or in part if the replacement for each school and school year 3 is determined by the law of the respective school. % of the relevant school book budget, but not more than 73 euros. The decision of the financial office shall be subject to the appeal of the appeal, on which the independent financial Senate decides. "

Article 39f (1) shall be deleted and paragraphs 2 and 3 shall be renalted in paragraphs 1 and 2 of this Article.

15. According to § 50v the following § 50w is inserted:

" § 50w. (1) § § 30a (1) Final Section, Section 2 Final Section, 30d (1), 30d (2) first sentence, § 30f (4), second sentence, and 39f in the version of the Federal Law BGBl. I No 110/2004 shall enter into force on 1 September 2004. '

(2) § § 30f (6), 30h (2) third and fourth sentence, 31c (2) second sentence, 31c (4), 31c (5) second sentence, 31c (6) first and second sentence, 31d para. 4, fourth sentence, and 31e second and third sentences in the version of the Federal Law BGBl. I No 110/2004 shall enter into force on 1 May 2004 and shall also apply to the application of the provisions of this Directive before 1 May 2004. "

Fischer

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