Article 50 holder eligibility for financial support for IVF treatment.

Brief answer: Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. holders have been eligible for financial assistance for IVF treatment since summer 2021.

Background: in early April 2021, a British citizen brought it to our attention that the IVF-Fonds-Gesetz, which governs access to financial assistance for IVF treatment in Austria, did not cover UK Citizens covered under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  , with such citizens having previously been eligible for assistance for up to 70% of the costs of IVF/ICSI treatment (Legal basis: § 4 (4a) nos. 1-7 of the IVF-Fonds-Gesetz). We advised the British Embassy that a couple had been rejected funding due to the UK no longer being a member/signatory state of the EU, EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. or EFTA.

The British Embassy contacted the Ministry that oversees the Fund and confirmation was received that UK citizens covered by the Withdrawal Agreement (ie those legally resident in Austria since before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government.) continue to be eligible to access the IVF Fund.

Finally, in Summer 2021, the IVF-Fonds-Gesetz was amended to make reference to the fact that holders of Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards were eligible to access the IVF Fund – this was done by reference to different types of residence permits listed in Article 8 Niederlassungs- und AufenthaltsgesetzNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.. Article 4 (4a) no. 5 of the IVF-Fonds-Gesetz was amended to include holders of residency permits pursuant to Article 8 (1) no. 13 NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria. (holders of Article 50 EUV) cards.

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