As of 1 January 2018, two constitutional provisions in the ASVG prohibit countries from resorting to the assets of persons cared for in inpatient care facilities. The same applies to the assets of relatives and heirs. Ongoing procedures are to be discontinued from 1 January 2018. Other provincial provisions are automatically overridden. Necessary transitional provisions are also not the responsibility of the federal states, but of the federal government. Around 40,000 people will benefit from the abolition of self-recourse.
It is therefore not permitted to access assets such as real estate, home ownership, savings accounts, building accounts, life insurances, custody accounts etc. However, all recurring income such as own pensions, long-term care allowances, capital gains, income from letting and leasing as well as legally existing or contractually agreed may be used Maintenance claims such as spouse's maintenance or life annuity.
The end of the nursing care only affects people who are in a nursing home and whose income is insufficient to cover the cost of accommodation. The missing income is covered by the social assistance agencies of the respective state.
Family law obligations remain unaffected by the new regulation. The law stipulates that spouses must be assisted. The care of the sick spouse is covered by the assistance obligation of § 90 Abs 1 ABGB. The assessment of the nature and extent of the marital duty of assistance must be based on the principles of reasonableness and objective justification. The healthy spouse has the fundamental duty to persevere with his mentally or physically ill spouse and give him the support and support that he can give to the best of his ability and on which the other is dependent. As far as possible, he has to make life easier for him and to be considerate of him in every way. The amount of the claims are specified by the respective state laws.
The nursing retreat does not help with 24-hour care. For many, 24-hour care is only affordable if either family members pay or assets are available. What to worry about: If the care under the own roof saves no money, considerably more nursing cases for nursing homes are registered. It may also be expected that older people will even be forced into nursing homes because it is more economically prudent. Cost and space could still cause problems that are difficult to solve. Currently, about 455,000 people in Austria receive care allowance. Some sufferers feel left alone ... ..