About a year ago, the People’s Office made the Lower Austrian Medical Association aware of an illegal orphanpation regulation of its welfare fund. “However, the Medical Association ignored the criticism of the public prosecutor. Franz H., who originally turned to the public prosecutor, can now get the half -orphan’s board until his 27th birthday. But not retrospectively. Achitz demands a goodwill solution: “We have drawn attention to the medical association that the regulation is illegal. So it would only be fair if it would retrospectively pay compensation in the amount of the orphan’s board.”
The medical law provides that the children from deceased doctors get an orphan’s board until the 27th birthday if they are full-time students. However, the Medical Association for Lower Austria did not adhere to this legal regulation, criticized public prosecutor Bernhard Achitz in the ORF program “Bürgeranwalt” on May 19, 2024. In the statutes of her welfare fund, it coupled the orphanage to the relief of family allowance, which, however, ended at the latest at the latest at the latest.
Regulation must not object to the law
“But it does not work that way. The medical association may determine details of the payment, or determine a higher pension. What it should not: shorten the legal claim,” said Achitz: “The statutes are a regulation, and a regulation must not object, but only specify it.”
At the time, public lawyer Achitz called for the medical association to correct its legal error and change the statutes accordingly. Otherwise, he announced the way to the Constitutional Court (VfGH) at the time. This was followed by the legal view of the Endermost Office and raised the word sequence “The reference to the family allowance in accordance with the family burden compensation law 1967, BGBl No. 376/1967 proves and” in Section 32 (2) of the statutes of the Welfare Fund of the Medical Association for Lower Austria. “This decision of the Constitutional Court is extremely gratifying and shows the completely wrong legal view of the Medical Association for Lower Austria,” said Achitz.
Achitz demands subsequent compensation for Franz H.
Franz HS application for orphans had been rejected, but he called. Authorities and courts are bound to the old regulation by the time the legal basis was lifted. Since the court did not contact the Constitutional Court, Franz H. does not benefit from the “Apprustern premium”. The public prosecutor advised him to make a new application immediately so that he will receive the orphanage at least from this point in time. However, Achitz demands that H. compensate for H. on the goodwill – after all, he did not get an orphan’s board for nine months due to a illegal clause.
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