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Austria's AMS faces 135 million euro unemployment benefit payout
The Austrian Public Employment Service (AMS) is expected to pay approximately 135 million euros in back payments to hundreds of thousands of individuals following a ruling by the Administrative Court. The decision stems from a legal challenge by a woman in Upper Austria who discovered her unemployment benefits were calculated incorrectly.
Previously, the AMS applied a flat 3 percent unemployment insurance deduction to calculate net income for benefits. However, the court ruled that the agency must account for income-dependent, tiered insurance premium rates. For low-income earners, these premiums were often zero or significantly lower than the standard rate, meaning their previous net income—and thus their benefit entitlements—had been underestimated.
The AMS plans to proactively review six-figure numbers of files covering periods prior to January 1, 2027. To prevent claims from expiring during this process, the government intends to retroactively suspend statutes of limitations starting September 22, 2026. Social Minister Korinna Schumann stated that the government is working on a legal basis to implement these repayments and ensure a legally secure solution.
Entities
Administrative Court · Arbeitsmarktservice · Austria · Korinna Schumann · Social Ministry · Verwaltungsgerichtshof