This chapter provides information about the benefits you can receive in Austria as social assistance / guaranteed minimum resources.

These are:

• Cash benefits for the provision of living requirements;
• Supplementary benefits.

Sickness insurance

A federal law on social assistance policies (Sozialhilfe-Grundsatzgesetz) has been in force since 1 June 2019. The essence of a basic act (Grundsatzgesetz) is that it must be implemented more precisely by provincial laws. Execution remains the responsibility of the Bundesländer (provinces). In addition to a binding framework that the Bundesländer must adhere to when implementing this Act, the Act also has a number of optional provisions that give the Bundesländer a great deal of leeway in shaping their new laws.

Since the Sozialhilfe-Grundsatzgesetz has not yet been implemented across all the Bundesländer (as of 1 January 2023, Sozialhilfe implementation laws are in force in Lower Austria, Upper Austria, Salzburg, Styria, Carinthia and Vorarlberg), the respective minimum protection laws of the Bundesländer still apply until they come into force. Vienna has implemented the Sozialhilfe-Grundsatzgesetz in some areas (disability supplement, asset regulation, tougher sanctions).

In what situation can I claim?

You may claim social assistance / guaranteed minimum resources (Mindestsicherung) if you have no income or a low one. You have low income if it is below the maximum rates / minimum standard. The aim of social assistance / guaranteed minimum resources is to provide a decent life for people who are not able to meet their daily living costs with their own resources.

If you receive minimum resources, you are also registered with the statutory sickness insurance, if you do not have any other sickness insurance at that time.

What conditions do I need to meet?

Means-test

In order to receive social assistance / guaranteed minimum resources, your income must be below the maximum rate/minimum standard. One’s own income from work or other benefits, such as unemployment benefits and maintenance payments, are taken into account as income first. However, care and child benefits are not considered when determining a beneficiary’s income. Assets are also included in the means test. Single persons and households (e.g. families or domestic partnerships) may be entitled to means-tested needs-oriented guaranteed minimum resources.

Existing assets must be assessed before social assistance or guaranteed minimum resources can be claimed. The provincial regulations regarding social assistance / guaranteed minimum resources also provide for asset allowances:

• Guaranteed minimum resources (old system): In all Bundesländer there is an asset allowance of generally around EUR 5,268. The claim may only be secured in the land register after the benefit has been received for a period of 6 months.
• Social Assistance Act (Sozialhilfe-Grundsatzgesetz): The new Social Assistance Act (Sozialhilfe-Grundsatzgesetz) raises this allowance to about EUR 6,322 and grants it to every person entitled to benefits. In addition, a land register security for residential assets can only be carried out after three years of continuous benefit receipt.

However, certain assets must be excluded from the means-test insofar as this could trigger or prolong an emergency situation or jeopardise its resolution, for example:

• Objects that are necessary for earning a living or for satisfying appropriate intellectual and cultural needs;
• Motor vehicles which are necessary for occupational reasons or due to special circumstances (in particular due to a disability or inadequate infrastructure);
• Appropriate household goods.

Use of the workforce

Persons capable of work must as a rule be willing to perform reasonable work. They will be sent to the competent labour office in order to be registered as job-seekers. There are some exceptions relating to age (men over the age of 65 and women over the age of 60). Further examples of such exceptions are care obligations or ongoing vocational training or school education which was started before the age of 18 However, studies are not included.

Residence

Social assistance / guaranteed minimum resources are a general non-contributory system for the entire population, which means that residence in Austria is required.

EEA citizens have an unrestricted claim to social assistance / guaranteed minimum resources in Austria as long as they are in Austria as employees or have legally resided in Austria for more than five years.

EU citizens who only enter Austria to look for a job are not automatically entitled to social assistance / guaranteed minimum resources.

Third-country nationals are also only entitled to social assistance / guaranteed minimum resources if they have already lived legally in Austria for more than five years or if there is an obligation under international or Union law for equal treatment with nationals.

What am I entitled to and how can I claim?

Social assistance / guaranteed minimum resources

Guaranteed minimum resources are provided for as long as the situation of need persists. If your household income is under a certain maximum rate / minimum standard , you are assumed to be in need. The amounts for adults are based on the nationally uniform "minimum pension" (Ausgleichszulage). The maximum rates / minimum standards for children are set at the national level. In the social assistance system, which "replaces" the previous form of guaranteed minimum resources, the following maximum rates per month will generally apply in 2023:

•  The maximum amount of social assistance for single persons and single parents in 2023 is around EUR 1,054.
• A maximum amount of around EUR 1,475 has been set for couples. The amounts are granted 12 times a year.
•  The Bundesländer are free to determine the benefits for children.
• Almost all Bundesländer apply a sliding scale according to the number of children.

Furthermore, the Bundesländer can grant a supplement for single parents, graded according to the number of children (per month between approx. EUR 126 EUR for the first child and approx.. 32 EUR from the fourth child onwards per month and child (maximum rates for 2023).

In addition, the Bundesländer must grant a mandatory supplement for persons with disabilities (2023: max. approx. EUR 190), unless they have already provided for equivalent benefits.

The sum of cash benefits of adults in a household may not exceed the amount of EUR 1,844 (2023) ("capped provision"). Particularly vulnerable groups of persons, such as persons with disabilities, may be exempted from the cap.

Coverage of housing costs:

Guaranteed minimum resources (old system):

• 25% of the minimum standards are for covering housing costs.

If the actual housing costs exceed the 25% housing cost portion, additional benefits (e.g. housing or rent subsidy) may be granted. These additional housing costs are regulated very differently in the Bundesländer. Social Assistance Act (new system):

In the guideline rate, no specific share is dedicated to housing anymore. The Bundesländer can exceed the guideline rate by 30% if housing prices in the respective Land require this. In this case, a portion of 40% is assumed for housing in the guideline rate. This amount is transferred to the landlord as a benefit in kind together with the 30% "excess". The housing expense also includes costs for heating and electricity.

The amount of the social assistance benefit or guaranteed minimum resources for the year 2023 will be published upon presentation of the respective minimum standard regulations or reference rate ordinance of the Bundesländer.

Social assistance / guaranteed minimum resources are paid as a differential amount between own income and the maximum rate, or - if the beneficiary has no chargeable income - as a full amount of the maximum rate.

In order to prove your entitlement to social assistance / guaranteed minimum resources, you have to submit a proof of income and statements of assets to the district administrative authority responsible for the place of your permanent residence. Your application must be accompanied by copies of the following documents for each person living in your household and submitted to:

• Proof of identity (photo ID);
• Personal documents (birth certificates, certificates of citizenship or residence permits/registration certificates or letters of recognition, marriage certificate, legally binding divorce decree, compromise agreement);
• Recent income statements (pay certificate, notification of pension starting, decision letters concerning benefits, alimony and maintenance payments, letters from the Public Employment Service Austria (AMS) and the appointments card, sickness benefit, child-raising allowance, other income);
• Evidence of rent payment (tenancy agreement, proof of amount of current rent, service charges, rent and housing benefit decision letters);
• Evidence of benefits claimed (e.g. AMS benefits, applications for pension, housing benefit, housing benefit granted by the tax office or maintenance, other applications for entitlement to an income);
• Evidence of assets (e.g. car, savings, building loan contracts, life insurance, pension provision, property and land etc.).

The social welfare authority periodically reviews eligibility requirements.

Supplementary benefits to cover for additional needs

Since the cost of housing can be considerably higher in some regions, some Länder currently grant additional benefits to cover additional needs.

The Länder can also provide support in the case of higher housing cost by offering building subsidies, but this is not done in all Länder for social assistance recipients. Benefits provided by the Länder can include support to cover special and additional needs, such as heating allowances or the purchase of a new refrigerator The benefits are always provided individually and may, therefore, vary. The regulations differ throughout the Land.

Sickness insurance

If you receive social assistance / guaranteed minimum resources, you are automatically registered with the statutory sickness insurance if you do not have sickness insurance.

Jargon busters

• Maximum rates / minimum standards are the basis for calculating social assistance / guaranteed minimum resources. Maximum rates / minimum standards set by the Länder aim to provide compensation for the costs of food, clothing repair and alterations, personal hygiene, housing, heating, electricity, as well as for personal needs, such as sufficient participation in social and cultural activities.
• Habitual residence - The term ‘habitual residence’ is defined under EU law. Please see: EU Regulation on the coordination of social security systems. In practice, it means the place where you have your centre of interests.

Forms you may need to fill in

The application form is only available directly from the district administrative authority responsible for your place of permanent residence.

Know your rights

• Information brochure on guaranteed minimum resources
• Detailed information on the respective social assistance system / guaranteed minimum resources system in your state (Land) can be found on the following sites:
  • Vienna
  • Lower Austria
  • Salzburg
  • Burgenland
  • Styria
  • Carinthia
  • Tyrol
  • Vorarlberg
  • Upper Austria

Commission publications:

• Social security: Your rights if you live in another Member State

Whom do you need to contact?

Federal Ministry of Social Affairs, Health, Care and Consumer Protection
Stubenring 1
1010 Vienna
AUSTRIA
T: +43 0800201611
E: post@sozialministerium.at
http://www.sozialministerium.at

Municipal Authority Division (Magistratsabteilung) 40 of the City of Vienna - Guaranteed Minimum Resources department
Thomas-Klestil-Platz 8
1030 Vienna
AUSTRIA
T: +43 1400040611
E: post-fbm@ma40.wien.gv.at

Enquiries to district administrative authorities responsible for places of residence outside of Vienna