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Care allowance claim

Sometimes the application for care allowance is rejected. In this case, you can lodge an appeal. You can do this in writing in duplicate or in person at the labour and social court in your federal province or through the institution that issued the decision. You can also submit the complaint orally to the nearest district court or directly to the social court on the day of the official hearing. You must lodge your appeal within three months of receiving the rejection notice. For the appeal, you need:

  • a statement explaining your request for care allowance or an increase in the care allowance level,
  • supporting documents, such as a current doctor’s report 
  • a copy of the rejection notice.

If proceedings take place at the labour and social court, the person in need of care will be summoned there. If they do not attend themselves, another person may appear as a representative on their behalf. This can be a family member providing care or a person of trust, a lawyer or an employee of an interest group, professional association or disability association. Filing the claim itself is free of charge. If you are represented by a lawyer, this may incur costs. These costs will be covered if the claim is successful. Medical reports by court experts are also free of charge.

If the claim is not successful, you can appeal against the judgment. If you have any questions about the appeal and further legal steps, please contact a qualified person, such as a lawyer.

For more information on all court proceedings in a care allowance claim, click here:

Legal proceedings - oesterreich.gv.at

Last updated: June 24, 2025

 

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