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Parliamentary questions
PDF 44kWORD 10k
27 November 2019
P-004058/2019
Priority question for written answer
to the Commission
Rule 138
Lucia Ďuriš Nicholsonová
 Subject: Care allowance for Slovak migrant workers living in Austria

When her child (born in 2009) was diagnosed with a serious disability, the Slovak mother applied to the Austrian authorities for a childcare allowance. The Slovak family has their permanent residence in Austria. The parents were working in Slovakia. The father continues to work, while the mother cares for the child. The family is insured in Slovakia and in Austria (E106 form). The child has received healthcare on several occasions in Austria.

The Austrian authorities rejected a request for this allowance in 2017 and referred the family to the Slovak authorities. Slovakia has not granted the claim on the grounds that it only grants care allowances to persons who live in Slovakia (EU Court of Justice, C-433/13) (1) . A subsequent application in Austria was rejected by both the national authorities and the court.

The family asked for advice on how to proceed, i.e. in which jurisdiction to claim and what benefits are available, from SOLVIT Slovakia. SOLVIT Slovakia stated that it is ‘not an advisory or information network’.

The allowance in question exists in both Member States. The family pays health insurance and social security contributions, and the mother cares for a child with a severe disability. Entitlement would probably be determined in one of the Member States if neither of the parents worked.

Was the procedure used by the Slovak and Austrian authorities correct?

Is it possible that the family is not entitled to care allowance in any Member State?

Did SOLVIT Slovakia proceed correctly when it rejected the request for any assistance?

(1) http://curia.europa.eu/juris/document/document.jsf?text=&docid=167823&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=3684908.
Original language of question: SK
Last updated: 2 December 2019Legal notice