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Change Of The Kriegsopferversorgung Act Of 1957, The Victims Care Law, The Army Supply Act, The Crime Victims Act, The Disabled Setting Law, The Federal Disabled...

Original Language Title: Änderung des Kriegsopferversorgungsgesetzes 1957, des Opferfürsorgegesetzes, des Heeresversorgungsgesetzes, des Verbrechensopfergesetzes, des Behinderteneinstellungsgesetzes, des Bundesbehindertenge...

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57. Federal Law, which amalgated the War sacrificial Supply Act 1957, the Victims ' Welfare Act, the Army Supply Act, the Crime Sacrifice Act, the Disabled Employment Act, as well as the Federal Disabled Persons Act, the War Victims-and Disability fund law repealed and a federal law introducing a pension benefit for Contergan injured party will be issued

The National Council has decided:

table of contents

Article 1

Amendment of the War sacrificial Supply Act 1957

Article 2

Amendment of the Victim Welfare Act

Article 3

Amendment of the Army Supply Act

Article 4

Amendment of the Crime Rights Act

Article 5

Amendment of the Disabled Persons Act

Article 6

Amendment of the Federal Disabled

Article 7

Repeal of the War Victims and Disability Fund Act

Article 8

ConterganAid Act

Article 1

Amendment of the War sacrificial Supply Act 1957

The War sacrificial Supply Act 1957-KOVG 1957, BGBl. No 152/1957, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. § 12 para. 2 reads:

" (2) The supplementary pension shall, in addition to the regulation contained in paragraph 3, be made on request in so far as the monthly income (§ 13) of the severely damaged person without taking into account the basic pension and any serious damage to the sword the level of the respective sentence for pensioners on widows/widows pension pursuant to § 293 para. 1 first sentence lit. b of the General Social Security Act, BGBl. No. 189/1955, not reached. This limit is increased if family allowances (§ § 16, 17) are charged for € 42.30 each. The amounts shall be rounded in the appropriate application of Section 63 (3). "

2. § 12 (3) deleted, the previous paragraph 4 receives the sales designation "(3)" .

Section 16 (1) reads as follows:

"(1) In the case of serious damage, on application to the supplementary pension for each family member, a family allowance shall be paid monthly at twice the amount of the amount fixed in accordance with section 12 (2), second sentence, in each case."

4. In § 111, para. 2, after the expression "41," the expression "44," inserted.

5. In accordance with § 113h, the following § § 113i to 113k are inserted:

" § 113i. Applications for supplementary pension rights due to the amendment of § 12 with BGBl. I n ° 57/2015 within six months from the date specified in § 115 (16) (1), the performance shall be granted from the date of the right of the conditions, but at the earliest from the date referred to in § 115 (16) (1).

§ 113j. (1) By way of derogation from the other provisions, the following rule applies from the date referred to in Section 115 (16) (2) (2) for the beneficiaries under this Federal Act:

1.

The pension benefits and other recurring cash benefits awarded to the person entitled to the pension in the period referred to in § 115 (16) (2) shall be combined to form a benefit amount.

2.

The amount of the benefit shall be as from the following 1 on the date referred to in § 115 (16) (2). Jänner and with effect from 1. In each of the following years, in each case, the factor must be adjusted by the factor resulting from the increase in the percentage for pensioners on widows (widows) pension in accordance with § 293 (1), first sentence, lit. b of the General Social Security Act. If the date referred to in § 115 (16) (2) falls on a 1. Jänner, the adjustment shall be carried out from this point in time. Section 63 (3) is to be applied in a reasonable way. For the calculation of the special payment in accordance with § 109, this amount of benefit shall be used.

3.

No new measurements of income-related pension benefits are to be carried out on request and ex office.

4.

Increases in the supplement to the basic pension pursuant to § 11 (2) and (3), the heavy-duty allowance according to § 11a and of the clothes and laundry room according to § 20a are no longer to be carried out.

5.

Applications and requests for increases in the basic employment pension, care and blind allowance and dietary allowance continue to be possible. Applications for other pension benefits for damages already asserted can no longer be submitted.

6.

Applications submitted by persons who have not yet submitted applications under this Federal Act are still admissible. After the recognition, the Z 1-5 should be applied mutasensitily.

7.

An open application is to be decided before the date referred to in § 115 (16) (2) above the date referred to in § 115 (16) (2) (2). For the period thereafter, the Z 1 and 2 shall apply mutatily. If the date referred to in § 115 (16) (2) falls on a 1. Jänner, the adjustment shall be carried out from this point in time.

8.

If an additional pension is granted after the entry into force, or a pension is repaid, the amount of benefit (Z 1) must be reestablished from the relevant point in time and the new benefit amount of the next pension shall be adjusted accordingly. Adjustment should be based on. If a retroactive benefit recognition occurs before or with the date referred to in § 115 (16) (2), the Z 7 shall apply in a reasonable manner.

9.

The insurance contribution to be provided by the compulsory insured person (§ 68) before the date referred to in § 115 (16) (2) (2) is also to be paid at this level from the date referred to in § 115 (16) (2) and in the following years. For persons whose compulsory insurance starts from the date referred to in § 115 (16) (2), this shall also apply analogously to the period after the initial determination. Subsequent pension rights are not to be taken into account.

10.

For the purpose of calculating the compensatory allowance under social insurance legislation, the supplementary pension or other appropriate service rendered in the month prior to the entry into force shall be taken into account in each case at an unchanged level. This also applies in the case of a recognition of an eligible benefit after the entry into force.

(2) The provisions of paragraph 1 have no effect on the other social compensation laws (the Victims ' Welfare Act, the Army Supply Act, the Vaccine Bill Act and the Crime Sacrifice Act).

§ 113k. For the rights arising from the date referred to in § 115 (16) (1) of the German Federal Republic of Germany (1) on charges for the three-year period under this Federal Act, no offsetting takes place within the meaning of section 48 (1) of the last sentence. The right to death grants (§ 47) is not required in these cases. This has no effect on the rest of the Social Compensation Laws. "

(6) The following paragraph 16 is added to § 115:

" (16) In the version of the Federal Law BGBl. I No 57/2015 shall enter into force:

1.

§ 12 (2) and (3), § 16 (1), § 111 (2), § 113i and § 113k with 1 July 2015;

2.

§ 113j after the expiry of the month of the presentation of the regulation of the Federal Minister of Labour, Social Affairs and Consumer Protection, with which it determines that the necessary organisational and technical conditions for the enforcement of these Provisions are given.

Organisational and staffing measures as well as implementing measures required for the enforcement of the law can already be carried out at the end of the day of the presentation of the Federal Law BGBl. I No. 57/2015. "

Article 2

Amendment of the Victim Welfare Act

The victims ' welfare law, BGBl. No. 183/1947, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. § 11 (10) reads:

" (10) Recipients of a blind or nursing allowance shall be entitled to a further supplement of € 277.90. From the calendar year 2016 onwards, the amount shall be multiplied and rounded out annually under the appropriate application of Article 11a (1) and (3), as well as in accordance with paragraph 4 of the Regulation. "

2. The following paragraph 18 is added to § 19:

" (18) § 11 para. 10 in the version of the Federal Law BGBl. I No. 57/2015 shall enter into force on 1 July 2015. Organisational and staffing measures as well as implementing measures required for the enforcement of the law can already be carried out at the end of the day of the presentation of the Federal Law BGBl. I No. 57/2015. "

Article 3

Amendment of the Army Supply Act

The Army Supply Act, BGBl. No 27/1964, as last amended by the Federal Law BGBl. I No 81/2013, shall be amended as follows:

1. In § 26 (2a) the expression "paragraph 1" by the expression "(1) and (2)" replaced.

2. In § 97 (2), after the expression "40 (2)," the expression "43," inserted.

(3) The following paragraph 19 is added to § 99:

" (19) § § 26 (2a) and 97 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I No. 57/2015 will enter into force on 1 July 2015. "

Article 4

Amendment of the Crime Rights Act

The Crime Victim Law, BGBl. No 288/1972, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. § 2 Z 2a reads as follows:

" 2a.

Cost-taking in crisis intervention by clinical psychologists and health psychologists as well as psychotherapists; "

2. In Article 4 (5), the following sentence shall be inserted after the first sentence:

" As soon as it is established that the institution of the health insurance provides a cost subsidy, the Federal Office of Social Affairs and the Disabled may also charge a direct accounting of the costs with the psychotherapist, with the payment of the cost subsidy of the In this case, the Federal Office of Social Affairs and the Disabled will be responsible for the cost of the insurance. "

3. § 4a together with the title is:

" Cost-taking in crisis intervention by clinical psychologists and health psychologists as well as psychotherapists

§ 4a. The cost of a crisis intervention (clinic-psychological and health-psychological treatment by clinical psychologists and health psychologists and treatment by psychotherapists) in emergencies, the victims or survivors as a result of a In accordance with Section 1 (1) of the Act, the local competent institution of the sickness insurance institution shall be responsible for each meeting up to the amount of four times the amount of the cost subsidy. A cost transfer shall be due for a maximum of ten meetings. "

4. The following paragraph 17 is added to § 16:

" (17) § § 2 Z 2a, 4 para. 5 second sentence and 4a together with the title in the version of the Federal Law BGBl. I No. 57/2015 will enter into force on 1 July 2015. § 4a in the version of the Federal Law BGBl. I No. 57/2015 shall apply with regard to the crisis intervention carried out by psychotherapists for acts within the meaning of Section 1 (1), which were committed from the entry into force of this Federal Law. "

Article 5

Amendment of the Disabled Persons Act

The disability employment law, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I n ° 59/2014, shall be amended as follows:

1. § 14 (1) reads:

" (1) The final final final decision on the assessment of the degree of the reduction of the employability with at least 50 vH shall be considered as proof of belonging to the circle of the eligible disabled persons.

a)

A Federal Office for Social Affairs and Disability (the Arbitration Commission) or the Federal Office for Social Affairs and the Disabled or the Federal Employment Commission in the sense of the Federal Appointment Commission Act, Federal Law Gazette (BGBl). I No 150/2002, or the Federal Administrative Court;

b)

of a carrier of statutory accident insurance, or one according to the Labor and Social Court Act, BGBl. No 104/1985, competent judicial authorities;

c)

a regional governor (the Federal Minister for Labour, Social Affairs and Consumer Protection) or the Federal Office for Social Affairs and the Disabled in connection with the official certificate in accordance with § 4 of the Victims ' Welfare Act (OPEC);

d)

(§ 3 Z 2 Officials-Health and Accident Insurance Act, BGBl. No 200/1967).

The determination of the degree of the reduction of the ability to work in the proof shall also be regarded as the determination of the degree of disability. Membership of persons with disabilities of the disabled (§ 2) on the basis of the one in lit. a to d shall expire at the end of the third month following the entry of the legal force of the decision, unless the beneficiary of the disabled person is within that period in relation to the Federal Office of Social Affairs and the Disabled , to continue to belong to the group of persons benefiting from the provisions of this Federal Law. "

2. § 14 (2) last sentence reads:

"The benefits shall be extinguishable by the expiry of the month following the notification of the decision, in which case the omission of the conditions for membership of the beneficiary disabled person shall be pronounced in a final manner."

3. The following sentences are added after the first sentence to Section 19 (1):

" The time limit for the release of an appellant's decision shall be twelve weeks in the case of proceedings pursuant to § 14 (2). In appeal proceedings before the Federal Administrative Court, new facts and evidence may not be brought forward in proceedings pursuant to Section 14 (2). "

4. The following paragraph 19 is added to Section 25 (18):

" (19) § § 14 (1) and (2) and 19 (1) in the version of the Federal Law BGBl. I No. 57/2015 will enter into force on 1 July 2015. "

Article 6

Amendment of the Federal Disabled

The federal disability law, BGBl. No. 283/1990, as last amended by the Federal Law BGBl. I No 66/2014, shall be amended as follows:

1. The following sentences are added to § 46 after the first sentence:

" The time limit for the release of an appellant's decision shall be twelve weeks. In appeal proceedings before the Federal Administrative Court, new facts and evidence may not be brought forward. "

(2) The following paragraph 18 is added to § 54 (17):

" (18) § 46 in the version of the Federal Law BGBl. I No. 57/2015 shall enter into force on 1 July 2015. "

Article 7

Repeal of the War Victims and Disability Fund Act

§ 1. (1) The War Victims and Disability Fund Act, BGBl. No 217/1960, as last amended by the Federal Law BGBl. I No 70/2011, with the expiry of 30 June 2015.

(2) The War Victims and Disability Fund shall be dissolved by the end of 30 June 2015. The Fund's funds, including the interest paid up to 30 June 2015 from the middle assessment, are to be paid to the Support Fund for Persons with Disabilities according to § 22 of the Federal Disabled Persons Act, BGBl. No 283/1990. These funds, which are to be collected by the Support Fund for People with Disabilities, are also to ensure care structures for persons who are considered to be responsible, widows, widows or parents, after the The law of the war soprano 1957, according to the law on the law of the law, in accordance with the law on vaccination or assistance pursuant to § 2 para. 1 of the Criminal Law of the Crime, shall be used.

(3) The Support Fund for Persons with Disabilities shall enter fully into the legal status of the War Victims and Disability Fund with 1 July 2015. It shall be responsible for the settlement of the loans still under way at that time and the decision on applications pending at that date on the basis of the substantive provisions of the law applicable until 30 June 2015. The War Victims and Disability Fund Act.

(4) An administrative cost compensation to the Federal Government shall not take place for the period from the calendar year 2014 onwards.

(5) The Fund for Persons with Disabilities shall be obliged to separate funds from the Fund for the Fund of War and Disability Fund from the other Funds.

(6) Organisational and personnel measures as well as implementing measures which are necessary for the enforcement of the law can already be carried out at the end of the day of the presentation of the Federal Law BGBl. I No 57/2015 shall be taken.

Article 8

Federal law introducing a pension benefit for Contergan victims (Conterganhilfeleistungsgesetz-CHlG)

Eligibility

§ 1. Persons who have received a one-off financial contribution by the Austrian Federal Ministry of Health on the basis of a Contergan injury and who are not entitled to benefits under the German Contergant Foundation Act, shall be entitled to an achievement in accordance with the provisions of this Federal Law.

Performance

§ 2. The beneficiaries under this federal law receive a monthly pension in the amount of the basic pension in the case of a reduction in the earning capacity of 80 vH in accordance with § § 11 (1) Z 7, 63 (2) and 3 of the War-Law Sacrifice Supply Act 1957-KOVG 1957, BGBl. No 152/1957. The pension benefits are not considered as income in the sense of the social insurance and social compensation laws and are to be provided by the detailed budget 21.03.02 of the respective Federal Finance Law.

Application, beginning and end of performance

§ 3. (1) The pension is to be applied to the Federal Office for Social Affairs and the Disabled. If it is requested within one year from the date of entry into force of this Federal Act, it shall be due to meet the conditions following the entry into force of this Federal Law. In the case of a later application, the pension is to be provided with the month following the application. The eligibility requirements must be proven by the applicant or the applicant by submitting relevant documents. The performance will come out with the end of the month in which the claimant dies.

(2) The performance under this federal law may also be granted in agreement with the applicant or the applicant if, according to a negative decision under the German Conterganstiftungsgesetz (German Conterganstiftungsgesetz), an appeal procedure or a lawsuit is pending. The applicant or the applicant shall be obliged to inform the Authority of the outcome of the proceedings in Germany and, in the case of recognition of the claim for compensation under the Contergant Foundation Act, the performance after this Federal law to repay the federal government in full.

Authority, closure of proceedings and appeal

§ 4. The Federal Office of Social Affairs and the Disabled will decide on the award of the pension benefit in writing to the effect of the written notice. The supplier or the supplier shall have the right to complain to the Federal Administrative Court, which shall decide in the Senates responsible for the KOVG in 1957. The complaint shall be submitted to the Federal Office for Social Affairs and Disability within six weeks of the date of notification of the date of the complaint.

Other provisions

§ 5. § § 48a, 53, 54, 55, 55b, 60, 61, 64, 86 (1), 87, 91b, 93, 94 and 109 of the KOVG 1957 shall apply in a reasonable way to the extent that this federal law does not determine any deviating.

References

§ 6. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Enforcement

§ 7. The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of this federal law.

entry into force

§ 8. This federal law shall enter into force on 1 July 2015. Organisational and staffing measures as well as implementing measures required for the enforcement of the law can already be carried out at the end of the day of the presentation of the Federal Law BGBl. I No 57/2015 shall be taken.

Fischer

Faymann