Bill Awaits Approval

Basic Services for Asylum Seekers: Upper Austria Tightens Rules Drastically

(Bild: AFP/JILMER POSTMA)

After nearly 20 years, Upper Austria is getting a new Basic Assistance Act. In the future, those receiving benefits will be required to fulfill more obligations. Violations could result in benefit cuts—and the state also intends to take a tougher stance against social welfare fraud.

The ÖVP and FPÖ have set a strict timeline: The new Basic Benefits Act is to be introduced in the state parliament on October 1, passed in December, and take effect no later than early February 2027. This will completely overhaul the regulatory framework, which is now nearly 20 years old.

“Anyone who receives protection in Upper Austria must be prepared to contribute in return from day one,” says State Councilor for Asylum Christian Dörfel (ÖVP). He adds: “We have a humanitarian obligation, but we won’t let people walk all over us.”

Cornelia Altreiter-Windsteiger is the head of the state’s Social Affairs Department and presented the new law alongside State Councilor for Social Affairs Christian Dörfel (ÖVP).(Bild: FOTOKERSCHI / WERNER KERSCHBAUMM)

Measures already in place—such as the benefits card, the Upper Austrian House Rules, and mandatory basic rules and orientation courses—are now to be enshrined in law. Dörfel refers to this as a “reliable foundation for the future.”

In fact, the draft contains a whole series of concrete tightening measures. One of these concerns people who disappear from assigned housing: Anyone who does not use their assigned housing for more than three days without a valid reason for checking out will, in the future, be presumed to no longer be in need of assistance. Exceptions apply, for example, in the case of a hospital stay.

We have a humanitarian obligation, but we won’t let ourselves be taken advantage of.

Soziallandesrat Christian Dörfel, ÖVP

The law also becomes much more specific regarding personal assets. Land, houses, condominiums, gold and silver, securities, cryptocurrencies, and motor vehicles are explicitly listed as realizable assets. Anyone with sufficient personal resources must use them before the state covers their living expenses.

Landlords of rental properties may be questioned
Monitoring measures are also being expanded. Beneficiaries must submit relevant documents and immediately report changes in their living circumstances—such as a job, an inheritance, or a gift. Upon request, housing providers must provide information, among other things, regarding the presence of residents and any indications of assets they may hold. In the case of private housing, landlords may be asked, for example, about the actual rent amount or whether the person in question actually lives there.

Number of Asylum Seekers Has Dropped Sharply

The number of people receiving basic assistance in Upper Austria has dropped significantly. At the beginning of 2024, the figure was 4,584; currently—excluding displaced persons from Ukraine—it stands at 1,433. Among them are 690 asylum seekers, 479 persons granted subsidiary protection, 31 persons granted asylum, and 89 unaccompanied minor refugees. In addition, 1,520 displaced persons from Ukraine are receiving basic social assistance. The number of shelters has also been reduced from 217 to 125 within two years. 

This development is also driven by the political debate regarding cases of abuse in the basic assistance system. Anyone who has wrongfully received benefits based on false information or concealed facts is to be required to reimburse the costs. The explanatory notes to the law explicitly mention concealed assets held abroad.

Vulnerable individuals who are able to work are required to seek employment and actively contribute their labor. 

Hofrätin Cornelia Altreiter-Windsteiger, Leiterin der Sozialabteilung beim Land OÖ

Bild: FOTOKERSCHI / WERNER KERSCHBAUMM

A second focus concerns personal responsibility. “Individuals in need of assistance and protection who are capable of working are required to seek employment and actively utilize their labor within the framework of legal possibilities,” explains Cornelia Altreiter-Windsteiger, head of the social services department.

In the future, those who are permitted to work will not only be required to accept reasonable jobs but also to take the initiative in their job search. In addition, mandatory basic rules and orientation courses—as well as German language courses for certain groups—will be required. Unpaid volunteer work in the neighborhoods will also become mandatory. Anyone who refuses to comply with prescribed measures or disregards the rules must expect reductions or the withdrawal of benefits.