Controversy over side income – Heinz Mayer: “Domestic needs”


The dispute over raising the additional income threshold for people displaced from Ukraine continues. The Ministry of the Interior feels that a report confirms that broader rules can be drawn up for this group of people than for other refugees in basic care. Constitutional lawyer Heinz Mayer had doubted this before. The Greens would also like a more generous settlement.

Background to the discussion that has been going on for weeks now is that the government and eight federal states want to increase the extra income option for refugees from Ukraine from 110 euros plus a maximum of 80 euros per family member to the marginal income limit of 485 euros.

However, Carinthia rejects this for legal reasons, among other things, since the increase should also apply to all other asylum seekers in basic care. Mayer explained in the Ö1 “Mittagsjournal” on Tuesday that Ukrainians and Afghans should not be treated differently without a factual reason: “It is certainly not the war alone, it is the question of need here at home.”

According to the Interior Ministry report, there are “significant differences”
The Ministry of the Interior is now addressing this with a report available to APA, written by Andreas Wimmer of the Institute of Administrative Law at the University of Linz and Katharina Pabel, a specialist in European law at the University of Economics and Business. They concluded that “significant differences exist between the displaced persons from Ukraine and other target groups receiving basic services, which may objectively justify different legal arrangements for the services”.

A differentiated definition of income guidelines would thus be “objectively justified”.

The responsible specialized department must assess the situation
Even the constitutional service in the Chancellery followed the legal position of the Ministry of the Interior. It states that there must be “sufficient” differences between the groups to warrant different treatment. Whether such differences exist with regard to the intended differentiation is primarily assessed by the responsible specialist department.

Greens are against differentiation
If it were up to the Greens, they could certainly be more generous. Greens mandated Georg Bürstmayr said in Ö1 on Tuesday: “It would be wise to make this apply to everyone, because it greatly reduces the bureaucratic effort, as it would ease tensions within the refugee group.”

Source: Krone


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