Amendment To The Victim Care Act

Original Language Title: Änderung des Opferfürsorgegesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997629/nderung-des-opferfrsorgegesetzes.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
18 federal law that modifies the victims care law

The National Council has decided:

Amendment to the victim care Act

The victims Care Act, Federal Law Gazette No. 183/1947, as last amended by Federal Law Gazette I no. 4/2010, is amended as follows:

1 (constitutional provision) article 3, paragraph 1 reads:

"(1) (constitutional provision) the Affairs of this Federal Act can be obtained directly by federal authorities."

2. paragraph 3 para 2 to 4:

"(2) the request to issue an official certificate or a victim card, as well as on orthopaedic care (§ 32 KOVG 1957) and death grants (section 12a) is to bring in the Federal Office of social and Disability Affairs." By persons who have their permanent residence abroad, is the application to the Austrian representative authority in whose area the applicant has his residence, or the Federal Office of social and Disability Affairs. The applicant has to prove the conditions referred to in paragraph 1.

(3) at the same time referred to in paragraph 2 other claims with a request can be made claims under this Federal Act at the Federal Office for social and Disability Affairs, if the decision on those claims to the Federal Office for social and Disability Affairs.

According to para 2 and 3 the Federal Office decides (4) applications in the first instance for social and Disability Affairs, in the second instance of the Federal Minister for labour, Social Affairs and consumer protection."

3. paragraph 4 section 1:

"(1) the request (section 3) for recognition of eligibility pursuant to section 1 para 1, para 2 lit. c or para 3 lit. granted a or b, as the Federal Office for social and Disability Affairs has to issue an "official certification"; in the official certificate are. the Act places on which eligibility (section 1) is based, to note"

4. paragraph 4 section 3:

"(3) if the request (section 3) on recognition of eligibility according to § 1 paragraph 2 or paragraph 3 lit. granted c or d, the Federal Office for social and Disability Affairs has to exhibit a "victim card". are the victim card. the Act places on which the eligibility is based, to note"

5. paragraph 11 b paragraph 2:

"(2) with the consent of the Federal Office for social and Disability Affairs, which has previously listen to the Pension Commission, the Versorgungsberechtigte are reasons worthy of consideration can wholly or partly assign his care fees or pledge. The consent is considered was issued, if the Federal Office for social and Disability Affairs has decided not negative within three months and met the desire of assignment."

6. the heading to § 11c is as follows:

"Pension Commission"

7 section 11c is 1 and 2:

"(1) the Federal Office decides on applications for the granting of pensions in accordance with § 11 for social and Disability Affairs after listening to the Pension Commission formed with him."

(2) the members of the Pension Commission are appointed by the Federal Minister for labour, Social Affairs and consumer protection. The Pension Commission consists of eight members and the necessary number of delegates. Two members (their representatives) are to propose by the Federal Office for social and Disability Affairs and the Federal Minister of finance. Of the other members is camaraderie of the politically persecuted and confessor for Austria, Federal of social democratic freedom fighters, victims of fascism and active per a member (Deputy) of the Federal cables of the ÖVP anti-fascists, of the Association of Austrian anti-fascists, resistance fighters and victims of fascism (KZ-Association - VdA) proposed by the Federal Association of Jewish religious communities of in Austria. The Chairman may invite representatives of the organisations listed from each federal countries to advise, not represented by members or alternates, when procedures from these States are to handle."

8 § 11c paragraph 4 first sentence reads:

"The head of the Federal Office for social and Disability Affairs of the members appointed on his proposal determines the Pension Commission's Chairman and his Deputy."

9 section 13d (1) to 3 is:

"(1) claims are sections 13a and 13B to claim the Federal Office of social and Disability Affairs; as far as in paragraph 4 not another certainly is to apply the provisions of § 3 para 4.

(2) claims are 13 c, as well as of foreign resident Austrian citizens pursuant to § at the Austrian representative authority in whose area the right advertisers have their residence (stay), or the Federal Office of social and Disability Affairs to assert. The right recruiters have all available evidence of eligibility to join the request, to announce the relevant facts in the absence of this evidence for the determination of eligibility and to provide the relevant evidence.

Referred to in paragraph 2 the Federal Agency decides (3) claims for social and Disability Affairs."

10 paragraph 15 paragraph 4:

"(4) the forfeiture of entitlement (para. 3) in favour of the federal social and Disability Affairs after listening to the Pension Commission (§ 11 c) with notice; to explain the official certificate (the victim card) for invalid and to collect is at the same time."

11 § 15a paragraph 2 and 3 is:

"(2) the compensation granted recurring cash benefits monthly, has the design and the necessary changes making the Federal Office for Social Affairs, and according to the provisions of this Federal Act on behalf of the Federal Minister for labour, Social Affairs and consumer protection granted Disability Affairs planning decision after listening to the Pension Commission (§ 11 c).

(3) against the decisions adopted pursuant to paragraph 2 of the Federal Office for social and Disability Affairs the right of appeal to the Federal Minister for labour, Social Affairs and consumer protection entitled to."

12 § 17 para 1 fourth sentence reads:

"It is decisions of the Federal Minister of labour, on appeals against decisions of the Federal Office for social and Disability Affairs on pension matters and on the allocation of funds from the special care in emergency cases to hear Social Affairs and consumer protection."

13 § receives the sales designation (21) 18 paragraph 16, following paragraph 16 to 20 are inserted:

"(16) for the Office of a provincial government 1 April 2012 pending cases are to finish by the Governor according to the previous legal situation. This applies to both application-based and introductory officio before April 1, 2012 to procedures.

(17) as far as referenced in other federal laws to the Governor or a regional government in connection with the welfare law of victims of, applies as a reference to the Federal Office for social and Disability Affairs.

(18) the offices of the provincial governments are committed to the Federal Office for Social Affairs and disability all for the acquisition and processing of the to the or after the entry into force of the Federal Act Federal Law Gazette I no. 18 / 2012 expected to payment-related victim care cases required data and file documents in a timely manner to convey. The BRZ GmbH has this delivery and processing to assist accordingly.

(19) the offices of the State Governments have to provide the necessary information from the files remaining in the countries of the Federal Office for social and Disability Affairs upon request and to deliver him to the existing data and documents.

(20) organizational and personnel measures, as well as implementing measures, which are necessary for the enforcement of the new provisions can be used already I no. 18 / 2012 following day of the promulgation of the Federal Act Federal Law Gazette."

14 (constitutional provision) the article 19 the following paragraph 14 is added:

(14) (constitutional provision) § 3 para 1 in the version of Federal Law Gazette I 18/2012 occurs no. 1 April 2012 in force. More can be taken framework provisions on the transition to the new legal situation."

15 15 the following paragraph shall beadded article 19:

"(15) § 3 par. 2 to 4, 4 para 1 and 3, 11 b paragraph 2, 11 c para 1 and 2, para. 4, first sentence, as well as the heading to § 11 c, 13d of para 1 to 3, 15 paragraph 4, 15a paragraph 2 and 3, 17 para 1 fourth set and 18 paragraph 16 to 21 as amended by Federal Law Gazette I no. 18 / 2012 come into force April 1, 2012."

Fischer

Faymann