Agreement between the Federal Republic of Germany and the Republic of Austria on welfare and youth welfare

The agreement between the Federal Republic of Germany and the Republic of Austria on welfare and youth welfare of January 17, 1966 grants nationals of one contracting party who are in the territory of the other contracting party, welfare and youth welfare in the same way, to the same extent and under the same conditions as the nationals of the country of residence. This also applies to refugees under the Geneva Refugee Convention who have a valid travel document issued by the other contracting party.

The agreement was signed on January 17, 1966 in Bonn by the State Secretary in the Foreign Office Karl Carstens for Germany and by the Austrian Ambassador to Germany Josef Schöner for Austria, after Austria did not join the European Welfare Agreement in 1953. It came into force in Germany on January 10, 1969, and in Austria on January 1, 1970.

The final protocol stipulates that benefits from the agreement should not be used by persons who visit the territory of the other contracting party in order to avail themselves of these benefits. This is the case if the purpose of obtaining social assistance shaped the decision to enter the country.

There is no international reimbursement of costs, exceptions apply to cross-border commuters who are treated in a hospital or an old people's home across the border (Article 10 of the Agreement). The contracting parties have to provide mutual administrative assistance , for example with the cross-border assertion of maintenance claims.

Since Austria has also been a member of the European Union since 1995 and both Germans and Austrians enjoy freedom of movement in the EU , the European Union's right to grant social benefits to foreigners takes precedence over the agreement. The granting of social assistance can be restricted in Germany for foreigners who are not entitled to free movement ( Section 23 (3) SGB XII).

Austrian citizens are entitled to benefits under SGB II ( unemployment benefit II ) regardless of the reason for exclusion in Section 7 (1), sentence 2, No. 2, SGB II, even if they came to Germany solely for the purpose of looking for work. Because the ALG II is a welfare benefit within the meaning of the agreement, which according to Art. 2 para. 1 provides for equal treatment with German nationals.