Family allowance and childcare money-when I am entitled?
Family allowance and childcare money- when am I entitled?
You are in an asylum proceeding or have applied for a residence permit, have just gotten a child, and ask yourself, if you can apply for childcare money or family allowance. Your friend tells you that only when her child and her received their residence permits did the Tax Office or the insurance office grant them the payment and send them the money.
What about the timeperiod where my child did not have a residence permit but already submitted an application for one?
Just because you do not have a decision in the asylum or residence proceeding, does not mean, that you are not entitled to benefits. Also in social law cases a lawyer can be useful and helpful to enforce your rights against the authorities.
Childcare money and family allowance. What is the difference?
Childcare money is a benefit for parents on parental leave, and can be applied from birth of the child till the child reaches three years of age.
Family allowance is a benfit for parents from the birth of the child till the child reaches 24 years of age.
The amount of childcare allowance and family allowance depends on the version and age of the child.
Wie hoch sind die Beträge für Kinderbetreungsgeld und Familienbeihilfe?
Regarding childcare allowance it depends on the version you have chosen. The lump-sum payment depends on the version and amounts to be between 14,53 Euro and 33,88 Euro per day respectively.
Regarding family allowance the payment depends on the age of the child and can vary between €114 and €165. In addition, parents who pay a payroll tax can receive €58,40 tax credit per child per month
If you have more children you can receive further benefits.
For the granting of childcare allowancecertain requirements must be met.
What are the requirements for the receipt of childcare allowance?
-A community life with the child.
-Undergoing and proof of Mother-Child-Passport examinations
-Five examinations during the mother's pregnancy
-Five examinations of the child after birth
-Entitlement to family allowance and actual receipt of payments.
-Concerning separated parents additional right of custody and receipt of family allowance through the applying parent.
-That additional income that can be earned cannot exceed €16.200 yearly. Otherwise you have to pay back money!
- Center of activities and interests in Austria
(That means that you and family live in Austria permanently and have stronger personal and economic ties than to any other country).
-Legal residence in Austria (Right of Asylum or residence permit)
Important to notice:
1. Subsidiary protection holders can only receive childcare allowance if they are not in government primary care.
2. There are cases, where childcare allowance can be applied for without a visa, because the residence of an alien in Austria is lawful according to EU law.
What are the requirements for the receipt of family allowance?
-Community living with the child in Austria
-Center of life in Austria
-Legal residence in Austria
Important to notice:
1. Subsidiary protection holders can only receive family allowance if they are not in government primary care.
2. There are cases, where family allowance can be applied for without a visa, because the residence of an alien in Austria is lawful according to EU law.
After the application has been submitted at the health insurance office, it examines if the conditions for awarding have been met and will then notify you in writing.
Childcare allowance-How does the procedure work?
After the birth of the child, you have to apply at the responsible regional health insurance office for the granting of childcare allowance.
The health insurance company reviews whether the prerequisites for the awarding are met and whether all the necessary information has been provided. If documents or information are missing, you will be informed in writing.
After the requirements have been examined and the application is positive, you will receive an information letter about the childcare benefit claim. The amount of childcare allowance will be transferred to your account simultaneously.
If the requirements are not met, the authority will issue a negative decision, against which you can lodge a complaint within one month.
After the application has been submitted at the tax office, it examines if the conditions for awarding have been met and will then notify you in writing.
Family allowance-How does the procedure work?
After the birth of the child, you have to apply at the responsible tax office for the granting of family allowance.
The tax office reviews whether the requirements for the awarding are met and whether all the necessary information has been provided. If any documents or information are missing, you will be informed in writing.
After the requirements have been examined and the application is positive, you will receive an information letter about the family allowance claim. The amount of family allowance will be transferred to your account simultaneously.
If the requirements are not met, the authority will issue a negative decision, against which you can lodge a complaint within one month.
Where are the applications submitted to and what deadlines exist?
The appllication for childcare allowance has to be submitted at the regional health insurance offie (GSK).
The application for family allowance has to be submitted at the regional tax office at place of residence.
After the applications are submitted, both authorities have six months to make a decision.
If no decision comes, you can file a suit for delay against the health insurance office and file a complaint due to delay against the tax office respectively.
There are several different reasons why the authority can reject the application. These can be found in your decision.
Why was my application for childcare/family allowance rejected?
The grounds for rejection can be found in the decision from the authority. Usuals reasons of rejection are:
-No center of life in Austria
- No legal residence documted by a residence permit/asylum/subsidiary protection card
Please notice: Though you might not have a residence pemit, does not mean, that you do not have a right of residence in Austria. In certain cases, if an Austrian child is present, there is a right of residence according to EU case law.
Let a lawyer clarify your residence status and entitlements to childcare/family allowance.
Our recommendation: Schedule a consultation
My application was rejected. What are my next steps?
1. Contact lawyer and schedule an appointment.
2. Receive counsel about the status of your residence.
a. If a negative decision was issued:
i. Hire a lawywer to lodge an appeal.
b. If no decision has been issued:
i. Hire a lawyer to contact the authoritiesii. Hire a lawyer to file a lawsuit/complaint due to delay.
Schedule an appointment right away
Also when dealing with childcare and family allowance a lawyer can help you enforce your rights and assist you in hopefully getting a positive result.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
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