"We can talk about cost sharing, but it must not siphon off all income that exceeds a certain amount," criticises Ombudsman Bernhard Achitz, who also discussed the case in the ORF programme "Bürgeranwalt" on 30 November: "The UN Convention on the Rights of Persons with Disabilities stipulates that people with disabilities should have the same opportunities as other people. So also the chance to earn well." In addition, F. has increased costs, for example for therapies and aids. He also sees his livelihood as a self-employed entrepreneur jeopardised. Achitz: "The regulation is completely excessive and does nothing for people who are professionally well integrated. That can't be the point."
Legal entitlement exists, but is of no use due to lack of budget
Markus F. not only criticises the fact that he is supposed to pay for the personal assistance to which he is entitled himself - but also that he doesn't even receive it yet. He applied for it back in February 2023, but then nothing happened for a very long time. He only received a decision after filing a complaint for late payment. But although the need exists immediately, he is not supposed to receive the money for the assistance until 2025; there is no money for it before then. F. has gone to court because he was not granted personal assistance immediately despite his need being recognised and is waiting for a decision. Irrespective of the outcome of the court proceedings on the interpretation of the law, Ombudsman Achitz criticises the law itself: "It is an unusual construction and legally problematic that the legislator says that there is a legal entitlement but at the same time does not provide for appropriate budgeting." For those affected, it is completely opaque as to which criteria are used to decide who is entitled to personal assistance and when.
You can also watch the Ombudsman's programmes online on ORF ON