Amendment To The Victim Care Act

Original Language Title: Änderung des Opferfürsorgegesetzes

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18. Federal Act amending the Victim Welfare Act

The National Council has decided:

Amendment of the Victim Welfare Act

The victims ' welfare law, BGBl. No. 183/1947, as last amended by the Federal Law BGBl. I n ° 4/2010, shall be amended as follows:

1. (constitutional provision) Section 3 (1) reads as follows:

" (1) (constitutional provision) The affairs of this federal law can be directly concerned by federal authorities. "

2. § 3 (2) to (4) reads:

" (2) The application for the issuing of an official certificate or an ID card as well as for orthopaedic care (§ 32 KOVG 1957) and death allowance (§ 12a) is to be submitted to the Federal Office for Social Affairs and Disability. For persons who have their permanent residence abroad, the application is to be submitted to the Austrian representative authority, in the area of which the applicant has his or her stay, or to the Federal Office for Social Affairs and the Disabled. The applicant shall be required to prove the conditions laid down in § 1.

(3) At the same time, with a request pursuant to paragraph 2, other claims under this Federal Act may also be asserted by the Federal Office of Social Affairs and Disabled Persons, in so far as the decision on these claims to the Federal Office of Social Affairs and the Federal Office for Social Affairs and Social Affairs Disability is available.

(4) The Federal Office for Social Affairs and the Disabled, in the second instance of the Federal Minister for Labour, Social Affairs and Consumer Protection, shall decide on applications pursuant to para. 2 and 3 in the first instance. "

3. § 4 (1) reads:

" (1) If the application (§ 3) is to be granted for the recognition of eligibility according to § 1 para. 1, para. 2 lit. c or paragraph 3 lit. (a) or (b), the Federal Office of Social Affairs and the Disabled has to issue an "official certificate"; in the official certificate, the legislative bodies to which the entitlement (§ 1) is based must be noted. "

4. § 4 (3) reads:

" (3) If the application (§ 3) is to be granted for the recognition of eligibility under § 1 (2) or (3) (3) (3) (3) (c) or (d), the Federal Office of Social Affairs and the Disabled has to issue a "victim card"; in the victim's certificate, the legislative bodies to which the eligibility for entitlement is based must be noted. "

5. § 11b para. 2 reads:

" (2) With the consent of the Federal Office for Social Affairs and Disabled Persons, which has previously been consulted by the Pension Commission, the person entitled to benefit may, in the presence of reasonable grounds, withdraw his/her supply charges in whole or in part, or catering. The agreement shall be deemed to have been granted if the Federal Office for Social Affairs and the Disabled has not decided on a case-by-case basis within three months and has been satisfied with the request for assignment. "

6. The heading to § 11c reads:

"Pension Commission"

Section 11c (1) and (2) reads as follows:

" (1) The Federal Office of Social Affairs and the Disabled Persons shall decide upon applications for the award of pensions in accordance with § 11 after listening to the pension commission formed at the Federal Office for the Protection of the Pensions.

(2) The members of the Pension Commission shall be appointed by the Federal Minister for Labour, Social Affairs and Consumer Protection. The Pensions Commission consists of eight members and the required number of alternates. Two members (their alternates) are to be proposed by the Federal Office for Social Affairs and the Disabled and by the Federal Minister of Finance. Of the other members, one member (his deputy) is one of the federal authorities of the ÖVP camaraderie of the politically persecuted and connotorant for Austria, the Federation of Social Democratic Freedom Fighters, Victims of Fascism, and to propose active anti-fascists, the Federal Association of Austrian Antifascists, resistance fighters and victims of fascism (KZ-Verband-VdA) and the Federation of the Jewish Community of Austria (Bundesverband der Israelitische Kultusmeanden Austria). The Chairman may provide advice to representatives of the above-mentioned organisations from each of the federal states which are not represented by members or deputies when proceedings are to be dealt with from these federal states. "

8. § 11c (4) first sentence reads:

"The Chairperson of the Pension Commission and his deputy shall appoint the head of the Federal Office for Social Affairs and the Disabled from the members appointed to his proposal."

9. § 13d (1) to (3) reads:

" (1) Claims in accordance with § § 13a and 13b are to be asserted at the Federal Office for Social Affairs and Disabled Persons; unless otherwise specified in paragraph 4, the provisions of Section 3 (4) shall apply.

(2) Claims in accordance with § 13c as well as of Austrian nationals resident abroad shall be with the Austrian representative authority, in the area of which the claimers have their residence (residence), or at the Federal Office for Social Affairs and Social Affairs and the Federal Office for Social Affairs and Social Affairs. Disability is to be claimed. The claimers shall have all available evidence of eligibility to join the claim, in the absence of such evidence, to disclose the facts relevant to the determination of eligibility and to be eligible for the eligibility of the claim. to offer coming evidence.

(3) The Federal Office for Social Affairs and Disabled Persons shall decide on the claims referred to in paragraph 2 above. "

Section 15 (4) reads as follows:

" (4) The Eligibility Effect (par. 3), the Federal Office for Social Affairs and the Disabled is informed after listening to the Pension Commission (§ 11c); at the same time, the official certificate (the victim's card) is to be declared invalid and to be drawn. "

11. § 15a (2) and (3) reads:

" (2) If compensation is granted in monthly recurring cash benefits, the Federal Office of Social Affairs and the Disabled shall have the necessary amendments and the necessary changes in accordance with the provisions of this Federal Law within the framework of the Federal Minister for Foreign Affairs for work, social affairs and consumer protection, after listening to the pension commission (§ 11c).

(3) The right of appeal to the Federal Minister for Labour, Social Affairs and Consumer Protection shall be entitled against the federal office for social affairs and the disabled person's federal office pursuant to paragraph 2. "

The fourth sentence of Article 17 (1) reads as follows:

" In the case of decisions of the Federal Minister for Labour, Social Affairs and Consumer Protection, she is responsible for the appointment of the Federal Office for Social Affairs and the Disabled in pension matters and in the allocation of funds from the special care sector in Emergency situations to be heard. "

13. § 18 para. 16 receives the sales designation "(21)" , the following paragraphs 16 to 20 shall be inserted:

" (16) proceedings pending before the Office of a State Government with 1 April 2012 shall be brought to an end by the Governor of the State in accordance with the current legal situation. This applies to both application-bound and ex-officals procedures to be introduced before 1 April 2012.

(17) Where reference is made in other federal laws to the Governor of the State or to an office of the Land Government in connection with the Victim Welfare Act, this shall be deemed to be a reference to the Federal Office for Social Affairs and Disability.

(18) The offices of the state governments are obliged to provide the Federal Office of Social Affairs and the Disabled all for the acquisition and processing of the federal law BGBl. I n ° 18/2012, it is expected that the necessary data and file documents should be submitted in a timely and timely way. The BRZ GmbH has to participate in this transfer and processing accordingly.

(19) On request, the offices of the national governments shall provide the Federal Office of Social Affairs and the Disabled Persons with the necessary information from the files remaining with the Länder and to submit the existing data and documents to the Office.

(20) Organisational and personnel measures, as well as implementing measures necessary for the enforcement of the new provisions, can already be taken from the presentation of the Federal Law BGBl (Federal Law Gazette). I n ° 18/2012 will be set on the following day. "

14. (constitutional provision) The following paragraph 14 is added to Article 19:

" (14) (constitutional provision) § 3 (1) in the version of the Federal Law BGBl. I n ° 18/2012 will enter into force on 1 April 2012. More detailed provisions on the transition to the new legal situation can be made federal law. "

15. The following paragraph 15 is added to § 19:

" (15) § § 3 (2) to (4), (4) (1) and (3), 11b (2), 11c (1) and (2), (4), first sentence, and the title of § 11 c, 13d (1) to (3), 15 (4), 15a (2) and (3), 17 (1), fourth sentence, and 18 (16) to 21 in the version of the Federal Law BGBl. I n ° 18/2012 will enter into force on 1 April 2012. "

Fischer

Faymann