The occasion in the federal capital was the complaint of a Nigerian citizen, who was denied the right to social welfare due to his temporary residence permit under the "Red-White-Red Card plus" scheme. The VfGH saw this as a violation of the federal Social Welfare Basic Law.

According to the Basic Law, third-country nationals without asylum status are entitled to social welfare if they have been residing permanently and legally in Austria for at least five years. The requirement for a specific residence permit is not stipulated in it, according to the VfGH in a press release on Friday. Vienna with its Minimum Security Law and Lower Austria with the Social Welfare Implementation Law - the latter was examined due to an application by the Administrative Court (VwGH) - have implemented this too narrowly from the perspective of the highest court and focused on specific residence permits (specifically the "Permanent Residence - EU").

VfGH Annulled Social Welfare Provisions in Vienna and Lower Austria

The unconstitutional provisions in the Viennese and Lower Austrian state law will expire on April 1, 2026. In Vienna, the decision was acknowledged, and they intend to amend the law in a timely manner, as stated in a written statement to the APA. They had previously assumed - as had Lower Austria - that a stricter interpretation of the Social Welfare Basic Law was possible in this matter. "This decision reaffirms our opinion that the Social Welfare Basic Law needs to be fundamentally revised to resolve the internal contradictions in the nationwide social welfare system and to end this patchwork with nationwide uniform regulations," it was emphasized.

(APA/Red)

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