Rights and conditions for moving to a residential carefacility

Admission to a care home and assumption of costs

People who cannot or can no longer be cared for at home and who require constant care and nursing are provided with high-quality professional care and nursing in Lower Austrian care homes.

In order to ensure appropriate care, the Province of Lower Austria has established quota places in collaboration with Lower Austria’s care homes.

Within the limits of the quotas, the following services are offered:

• long-term care;
• care for those with serious conditions;
• psychosocial support in welfare centres;
• care in psychosocial care centres.

If a person’s income and care allowance are not sufficient to cover the costs of inpatient care in a quota place, the costs may be covered by the Province of Lower Austria, taking into account the person’s own income and care allowance.

In accordance with Section 324 of the General Social Security Act (Allgemeines Sozialversicherungsgesetz, ASVG), the pension entitlement is transferred to the Province of Lower Austria for the duration of the assistance with inpatient care in the amount of the subsistence expenses, but up to a maximum of 80% (50% in the case of a maintenance obligation, less 10% for each additional person). The remaining part of the pension and the special payments continue to be paid to the person receiving assistance.

The entitlement to a care allowance is transferred to the Province of Lower Austria in the case of assistance with inpatient care, in the amount of the subsistence expenses but up to a maximum of 80%. 

• Application for admission to a care home, including proof of income (Annex 1)
• Medical report (Annex 2)
• List of indications (Annex 3)
• If applicable, in the case of prior use of socio-medical and social services (sozialmedizinische und soziale Dienste, SSMD NÖ), an expert opinion on applications for admission to long-term inpatient care (Annex 4)
• If applicable, a care report, if the applicant is transferred from a hospital
• If applicable, proof of power of representation

The decision on the assumption of costs must be issued within 6 months once all the conditions are met.

All submissions, official acts and written copies in matters relating to the Lower Austrian Social Assistance Act (Niederösterreichisches Sozialhilfegesetz 2000, NÖ SHG) are exempt from provincial fees and administrative charges.

Section 4 NÖ SHG

Section 12 NÖ SHG

1. The application for admission to a care home, along with the necessary documents, must be submitted to the district administrative authority (Bezirksverwaltungsbehörde).
2. The district administrative authority checks the formal criteria and searches for a suitable free place.
3. The documents are forwarded to the relevant care home for an admission examination.
4. The district administrative authority allocates the applicant to a quota place in the care home.
5. The care home organises the resident’s admission to the care home and concludes a contract under private law (care contract) with the resident.
6. When the resident is admitted to the care home, the care home sends a status report to the district administrative authority responsible for the care home.
7. If the requirements are met, the district administrative authority issues a decision on the assumption of costs for assistance with inpatient care.

• Citizenship of Austria or a country that is treated as equivalent
• Main residence in Lower Austria
• At least 60 years old
• Care requirement corresponding to care level 4 or higher

In individual cases, there may be a permanent need for care and nursing even if the level of the care allowance is lower, e.g. in the case of dementia. In addition, younger persons, or persons with lower levels of care allowance, may be admitted for special forms of care (see services). The relevant conditions are examined by the district administrative authority on a case-by-case basis. 

• Application for admission to a care home, including proof of income (Annex 1)
• Medical report (Annex 2)
• List of indications (Annex 3)
• In the case of prior use of socio-medical and social services, an expert opinion from the SSMD NÖ on applications for admission to long-term inpatient care (Annex 4)

Homelessness, precarious living conditions and neglect alone are not indications for admission to a care home.

The district administrative authorities are responsible for allocating places in care homes:

• the head of the district authority (Bezirkshauptmannschaft)
• the municipal administration (Magistrat).

The district administrative authority (Department of Social Administration) in whose area your main place of residence is located, is responsible for assessing and deciding on applications for admission to a care home.

No authentication or signature is required.

Admission takes place under private law, and appeals are therefore not possible.

With regard to the official determination on the application for the assumption of costs, the legal remedy of appeal is available by way of sovereign administration.

Point of single contact Niederösterreich

Office of the Provincial Government of Lower Austria (Amt der Niederösterreichischen Landesregierung)
Health and Social Affairs Unit
Department of Social Affairs and Generational Support

06.05.2024

https://www.noe.gv.at/noe/Datenschutz.html