BRAND Rechtsanwälte GmbH

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Prohibition of nursing recourse and land register liens

12/07/2018 |

The federal states of Vienna and Lower Austria refuse to have liens cancelled in connection with the nursing recourse for old cases. On 10 October 2018, Peter Hacker, a member of the City Council for Social Affairs, argued in the Morgenjournal auf Ö 1 that the legal situation was uncertain.

In fact, the legal situation is clear.

According to § 330a. ASVG does not permit access to the assets of persons admitted to inpatient care facilities, their relatives, heirs and gift recipients as part of social assistance to cover care costs.

§ 330a entered into force on 1 January 2018.

As of this date, claims for compensation may no longer be asserted. Ongoing proceedings are to be discontinued. Enforcement proceedings to establish executive liens are ongoing. These must therefore be discontinued and the liens deleted.

We conduct numerous proceedings for relatives who are fighting for the cancellation of liens on their properties. Sample proceedings are pending.

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