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ViennaContrary to the initial announcements, the government did not decide Wednesday on the reform of the minimum wage guarantee in the Council of Ministers. The members of the government approved only a punctuation, so a statement of political intent. The law is expected to arrive later this week and be subject to peer review for six weeks. The new rules should only apply from January 2020, as all states had previously had to adapt their laws. Chancellor Sebastian Kurz and Vice Chancellor Heinz-Christian Strache on Wednesday welcomed their "honest and fair" plans.
1 Who are the winners and losers of the new regulations?
Losers have the right to asylum if they are unfamiliar with German and large families. If you can not prove that you speak German at level B1 (understand everyday conversations) or C1 (Maturaniveau), you will earn 300 euros less. This applies especially to people who are entitled to asylum, even if it is not expressly provided by law. Austrians may have completed their compulsory schooling or prove their knowledge of German during a visit to the Office.
For families, there is much less, because from the second child, the subsidies are considerably reduced. From the third child, there is only 43 euros per month. At the same time, the child allowance of 58 euros should be credited to the minimum income, which the coalition immediately withdrew after protests: it was a mistake. These reductions for single parents are mixed: they also receive between 100 euros for the first child and 25 euros from the fourth. On the other hand, people with disabilities receive more, with a bonus of 155 euros for them.
2 Does the project conform to constitutional and European laws?
The minimum income protection models in Lower Austria and Upper Austria were overthrown respectively by the VfGH and the ECJ. The new national model provides for similar reductions, but legally justified. This makes it a matter of supreme jurisdiction whether the new rules are in force or not. For beneficiaries of asylum who, in accordance with European law, should benefit from the same social benefits, the reduction is justified by the fact that there will be language courses at 300 euros. The reduction of the family should therefore be constitutional, because it does not, as in Lower Austria, a hardcover of 1500 €, but an extra power for every child, even modest.
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3 Should countries implement the new rules?
Until now, the protection of the minimum income was the exclusive competence of the countries that defined minimum standards through an agreement 15a. At present, the federal government provides federal states with a framework in which upper bounds are regulated. Countries would act unconstitutionally, they would not put that framework in place. VfGH should decide. However, the federal government has left room for maneuver: under the heading "Benefits in kind for housing costs", states are allowed to pay a supplement, for example for singles up to 259 euros per month.
4 Can EU citizens claim social benefits?
Limited Unlike asylum seekers who are immediately entitled to the minimum income, there is a waiting period of five years for EU citizens and third country nationals. This is also constitutional, according to the VfGH judgment on the protection of the minimum income in Lower Austria. The only exception: EU citizens who work and earn little, have the right to "increase" their minimum income.
5 Why does access to badets remain?
Until now, subscribers of the minimum income had to use their badets up to 4,200 euros. Countries dominated by the ÖVP, which feared a race for social benefits, resisted a change. The coalition now has the allowance at € 5,200 and eases access to the home: the grace period from which countries register a lien on the land register is increased from six months to three years.
6 How will emergency badistance be designed in the future?
Breaking is access to badets in combination with the also planned reform of emergency badistance, which must be merged with the unemployment benefit into a single insurance benefit. If that was not so, many long-term unemployed could fall into the minimum income and lose their wealth and their home. The reform will be negotiated next year, so the details are not yet available. According to Deputy Chancellor Strache, however, people enjoying a long period of insurance should continue to receive emergency badistance indefinitely. This will certainly apply to people who have worked for 15 years, Strache said.
("Die Presse", printed edition, 29.11.2018)
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