Increase rejected

PVA in court again over care allowance

The number of dementia patients is on the rise. (symbolic image)

(Bild: stock.adobe.com, Krone KREATIV)

Time and again, the classification of the Pension Insurance Institution (PVA) causes problems and even lawsuits. This was also the case for a 93-year-old woman from Linz, who was not granted an increase despite suffering from advanced dementia. The Chamber of Labor therefore took her to court.

The woman's illness meant that she was dependent on outside help in many areas of daily life. A heavy burden for the caring daughter. As the sick mother's condition deteriorated noticeably, an application was made for a higher care allowance. However, the increase was rejected. 

Legal action against the decision
The woman's daughter finally turned to the Upper Austrian Chamber of Labor. "It quickly became clear that the care level 3 granted was far below the actual care required. The AK therefore filed a lawsuit against the negative decision," according to a statement from the Chamber of Labor.

Enormous effort
This is because the sick woman requires the constant presence of a carer both during the day and at night. Although she is mobile, she is completely disoriented. It is not possible to coordinate her care. The woman now lives in a care home. According to the medical report drawn up during the court proceedings, she requires 172 hours of care per month.

As her health continued to deteriorate during the court proceedings, the average monthly care requirement increased to 212 hours.

Increased by three levels
The verdict was not particularly surprising: the Labor and Social Court awarded the woman care level 4 for the period before her health deteriorated, and care level 6 thereafter. The Chamber of Labor's efforts had paid off. 

This is not an isolated case: last year, the Chamber of Labor had to intervene in 710 care allowance cases, winning 5.3 million euros for those affected. This year, there are already 734 closed cases.