Austria's Disability Employment Act gains full § 14 on proof and assessment of protected disabled status
People with disabilities seeking recognition as 'begünstigte Behinderte' (privileged disabled persons) under the BEinstG and their employers are affected. The newly added § 14 sets out accepted proofs of disability status, the formal application and assessment process, and key procedural rights including the right to bring a trusted person to medical examinations.
What changed
Section 14 ('Feststellung der Begünstigung' – determination of privileged disabled status) has been added to the Disability Employment Act. It lists which authority decisions count as proof of at least 50% reduction in earning capacity (e.g. decisions by the Federal Office for Social Affairs and Disability, accident insurance carriers, or courts), and establishes the formal application process when no such prior decision exists.
Who is affected
People with disabilities applying for recognition as 'begünstigte Behinderte', their legal representatives, and employers subject to the mandatory disabled-persons employment quota. The Federal Office for Social Affairs and Disability (Bundesamt für Soziales und Behindertenwesen) administers the process.
What to look out for
New paragraph 2a explicitly grants the right to have a trusted person present during the medical assessment examination; costs for this are not reimbursed. Re-assessment requests filed within one year of the last final decision are rejected without examination unless a manifest change in condition is credibly shown. Applications submitted to the wrong authority are forwarded and retain their original submission date. Travel costs for journeys exceeding 50 km (one way) to an examination are reimbursed from the Ausgleichstaxfonds (compensation levy fund).