Eight unreported trips abroad: AMS trial in Korneuburg
A 38-year-old man had to answer to charges of fraud at the Korneuburg Regional Court. The accusation: between December 24, 2020, and March 13 of this year, he spent time abroad on eight occasions without informing the Mistelbach AMS (Public Employment Service). During this time, he continued to receive benefits. In total, he is alleged to have wrongfully received 10,375.46 euros. The previously unblemished man pleaded guilty before Judge Manuel Walcherberger.
At the heart of the case is a reporting obligation that many recipients underestimate. Anyone receiving unemployment benefits or emergency assistance must notify the AMS of any stay abroad. During a stay abroad, the entitlement is generally suspended, meaning no payments are made. Continued payment is only possible if the AMS approves it in advance. This requires an application for leniency and a valid reason, such as verifiable job seeking abroad, training, or compelling family reasons like a funeral. A maximum of three months can be approved.
Specific rules apply to job seeking within the EEA or Switzerland. This requires the PD U2 form, the departure must be agreed upon with the AMS in advance, and one must register as a job seeker with the labor market administration in the destination country within seven days of departure. Anyone who does not return in time loses their further entitlement.
As the reason for his travels, the defendant described a difficult phase in his life: unemployment, a divorce, and the death of his father. He said he went away "to clear his head." He is now working in construction again. He has already reached a repayment agreement with the AMS and has been paying back 780 euros per month since the beginning of June. His defense attorney pleaded for a diversion. A verdict is not mentioned in the available reports.
What this means for you: Report any planned trip to the responsible AMS office before departure and have the approval confirmed in writing. Retroactive notification does not provide protection. Wrongfully received amounts will be reclaimed, and repeated failure to report can lead to criminal proceedings. Anyone who has already received a repayment demand can apply for an installment agreement with the AMS, just as was done in this case.