Lower Austria violates the UN Convention on the Rights of Persons with Disabilities

It was the day before her 26th birthday when Corinna G. suffered a brain haemorrhage at her workplace, a tax consultancy firm. She fell from her chair during a break and her colleagues acted very quickly and called an ambulance. She was immediately admitted to the General Hospital and underwent emergency surgery, including removal of the skull. Hospitalisation and rehabilitation took almost a year. Corinna G. then moved in with her parents, who had remodelled their house in Lower Austria to make it barrier-free.

Corinna G. has a 100 per cent disability following a brain haemorrhage. In order to live independently in her home, she needs personal assistance. She was able to finance this with her disability pension, level 5 care allowance and a grant from the state of Lower Austria. Until the pension insurance (PVA) reduced the care allowance level in 2024. In Lower Austria, this also means that personal assistance will no longer be subsidised. Ombudsman Achitz: "Lower Austria is the only federal state to link personal assistance to care allowance level 5. This is a clear violation of the UN Convention on the Rights of Persons with Disabilities." Austria has signed this UN CRPD, which of course also applies to the federal states. Achitz: "Lower Austria must enable Corinna G. to lead as self-determined a life as possible. This is only possible with personal assistance." The link to care allowance level 5 is incomprehensible.

A self-determined life

To be able to live independently again, Corinna G. moved into her own flat in 2022. She can now manage short journeys without a wheelchair. For longer distances and also when showering or exercising, she has to use a wheelchair. She has a visual field impairment, a severe speech disorder and cannot move her right hand. She cannot read, write or use a computer.

Personal assistants take over everything that those affected cannot do themselves. This is intended to enable self-determination and personalised living - as stipulated by the UN CRPD. Corinna G. originally financed the personal assistance with her care allowance and a grant from the state of Lower Austria. However, a year ago, the care allowance was reduced from level 5 to level 3. As a result, the state stopped providing financial support for personal assistance. In Lower Austria, this is only available in conjunction with care level 5.

Standardised regulations needed throughout Austria

The current government programme aims to promote harmonisation and provides for the "further development of personal assistance with the aim of a uniform system throughout Austria". For Ombudsman Achitz, this is an important step: "We need standardised conditions throughout Austria. But until this is achieved, each individual federal state is obliged to create the conditions for as self-determined a life as possible. Lower Austria is not doing this."

Turned away

Christine and Patrick G., Corinna G.'s mother and stepfather, also criticised in the ORF programme "Bürgeranwalt" on 5 April that "as a citizen, as a resident of Lower Austria, you are not allowed to go to a personal appointment, neither to a civil servant nor to a responsible state councillor. You are simply turned away." Even in the Citizens' Advocate programme, the state councillor responsible did not want to discuss the matter herself, nor did she send a representative.

Personal assistance costs less than residential care

Placement in a care home has also been suggested as an alternative. "But these are only available for people with cognitive impairments. But Corinna only has physical impairments," says her stepfather. Residential care would also be more expensive for the state than personal assistance. And as for the suggestion that Corinna G. could move to another federal state where personal assistance is granted regardless of the care allowance level, he can only think of one thing: "Perverse!"


Translation was AI-generated

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