Fourteenth Law Amending The Balancing Act

Original Language Title: Vierzehntes Gesetz zur Änderung des Lastenausgleichsgesetzes

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Read the untranslated law here: http://www.gesetze-im-internet.de/lag_ndg_14/BJNR007850961.html

Fourteenth law (amending of the balancing act 14 ÄndG LAG) 14 ÄndG LAG issue date: 26.06.1961 full quotation: "14th law to amend the balancing act where in the Federal Law Gazette Part III, outline number 621-1-Ä 14, adjusted version published recently by article 2 of the law of June 21, 2006 (BGBl. I p. 1323) has been changed" stand: last amended by article 2 G v. 21.6.2006 I 1323 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1 1.1976 +++) table of contents article I amendment of laws change of load balancing act § 1 amend the assessment Act section 2 amendment to the monetary compensation law § 3 amending the Act establishing load balancing rules in the Saarland § 4 amendment of the Housing Act for the Saarland.
§ 5 amendment of the General war order Act § 6 article II transitional and final provisions transitional provisions § 7 war-damage pensions costs in the administrative procedure at indemnify position § 8 term of assessor of compensation committees and appeal committees § 9 aid to displaced persons from abroad of § 10 credits to the evacuation of residential camps in Austria § 11 adopting a legal regulation in § 12 date of application of article 13 application in Berlin § 14 entry into force article 15 type I amendment of laws § 1 amendment of the balancing act - section 2 amend the assessment Act - section 3 amendment to the monetary compensation Act - section 4 amendment of the Act on the introduction by load balancing rules in Saarland - section 5 amendment of the Housing Act for the Saarland of the law No. 696, housing law for the Saarland, by July 17, 1959 (Amtsblatt of des Saarlandes p. 1349) is amended as follows and complements: 1 article 4 is amended as follows: a) in paragraph 1 the words shall be inserted after the words "are intended": "as well as the means of the compensation fund determined by the load balancing act for the housing assistance".
(b) in paragraph 2 point a shall be the words "by August 14, 1952 (Federal Law Gazette I p. 446) in amended" deleted.
2. on article 12 the following paragraph 5 is added: "(5) the provisions of paragraph 1 shall not apply to the income from the loans, which are granted from the compensation fund for housing or be granted. The provisions of paragraph 3 do not apply to capital investments of the compensation fund."
3. According to article 12, the following paragraph is inserted 12 a: "§ 12 a special regulations for the compensation fund (1) the President of the Bundesausgleichsamtes needed for the distribution of resources of the compensation fund, which are intended as integration loans for housing (section 254, paragraph 2 and 3 and section 259 (1) sentence 3 of the balancing act) or for housing assistance (paragraphs 298 and 300 of the balancing act), the consent of the Federal Minister for housing. Of the compensation funds for the housing assistance given are from the Saarland together with the other by him for the promotion of social housing construction to use public funds according to uniform principles in accordance with the purposes of the balancing act to employ. The claims of the compensation fund on repayment of loans granted to the Saarland after article 348, par. 2 of the balancing act are not affected by the allocation of resources according to the provisions of the present law, subject to the provisions of § 35.
(2) for the purpose of a planned preparation of housing construction of the President of the Bundesausgleichsamtes to possible until 1 December of each year distribute the emerging in the following financial year means of the compensation fund, which should be provided as integration loans for housing or housing assistance, and binding say to the payout for the fiscal year.
(3) provisions on the use of funds, general administrative regulations and general orders of the President of the Bundesausgleichsamtes according to article 319, paragraph 1 and 2, article 320, paragraph 2, sections 346 and 348 para 3 of the balancing act, which relate to the promotion of housing construction, in particular on the procedure and on the distribution of the apartments, require the consent of the Federal Minister for housing; the same applies for the loan terms and conditions under which the funds granted to Saarland.
(4) the approval of the Federal Minister for housing is to obtain prior consent of the Supervisory Committee (§ 320 paragraph 2 in conjunction with § 319 ABS. 1 of the balancing act). The powers of the Supervisory Committee are not affected by the provisions of paragraphs 1 and 3.
(5) to the extent of the hardship funds (§§ 301, 301a of the balancing act) or under the other promotion actions (302 of the balancing act) provided funding for the promotion of housing construction, the regulations are the paragraphs 1 to 4 apply accordingly."
4. in article 15 the following sentence is added to paragraph 1 after the letter a to c: "Within the individual promotion ranks are the use of housing help means each to take into account the builders in the order given in the load balancing act."
5. in section 22 par. 2 point b be the words "by August 14, 1952 (BGBl. I p. 446) in the currently valid version" deleted.
6. in article 24 the following sentence is added to paragraph 4: "This does not apply to the means of the compensation fund for housing assistance."
7 section 28 is amended as follows: a) in paragraph 4, letter (b) are the words "by August 14, 1952 (BGBl. I p. 446) in the currently valid version" deleted.
(b) the following paragraph 5 is added: "(5) the approval authority should reasonable extent publicly funded apartments also for such people reserved, according to the load balancing act are injured and receive no construction loans."
8 section 35 is amended as follows: a) in paragraph 1 the words are inserted after the words "by the Federal Government" after a comma "of the compensation fund".
(b) in paragraph 2, the words "of the compensation fund" be inserted after the words "Federal" after a comma.
c) paragraph 3 shall be replaced by the following: "(3) in amount of thus attributable to the Federal Government and the social security fund shares reduce the claims of the Federal Government and of the compensation fund on repayment which granted the Saarland loan." d) in paragraph 4 sentence 1 after the words "in the Covenant" the words "and the compensation fund" inserted.
(e) in paragraph 5, the words "and the compensation fund" be inserted after the words "in the Covenant".

§ 6 amendment of the general law of war episode - type II transitional and final provisions article 7 is transitional arrangements (1) war damage pensions to people who can apply only on the basis of this Act of war-damage pensions for application until September 30, 1962 war-damage pensions with effect from June 1, 1961 from granted but not before from the first of the month, in which the conditions for the granting of pension war damage have occurred.
(2) by persons who apply only on the basis of § 278a, 291 of the balancing act as amended by this Act of maintenance help, can, can request for maintenance assistance due to incapacity for work (section 265 was) still be made until 30 June 1963.
(3) to the extent to an authorized person who received maintenance help on time and because the basic amount is excreted before June 1, 1961 on the basis of this Act for a further period maintenance help to grant would be on time, an amount still unused basic amount (amount of compensation) is payable until December 31, 1962, to compensation for this claim. Entitlement to the compensation sum arises on June 1, 1961, in the person of the beneficiary or his dependants in accordance with § 272 section 2 and 3 of the balancing act. Application of § 278a of the balancing act, the compensation sum in full amount to the basic amount of the main compensation is to be. Granting the compensation sum does not preclude the granting of a minimum amount of fulfillment after § 278a para 4 of the balancing act.

Article 8 costs in the administrative procedure at indemnify position unless a actor during a at the time of entry into force of the eleventh Act amending the balancing act by July 29, 1959 (BGBl. I S. 545), the 12th law amending the balancing act of 29 July 1960 (BGBl. I S. 613), of the Act on the introduction of load balancing rules in the Saar region by July 30, 1960 (BGBl. I p. 637) or this Act of pending administrative proceedings concerning the granting of compensation thereby indemnify provided , that in implementing these laws is issued a decision in his favour or if a party due to such a decision withdrawing an appeal, court costs are not met, extrajudicial costs be lifted against each other. Cost decisions become valid until the entry into force of this law shall remain unaffected.

§ 9 term of Office of the associate members of appeal committees and compensation committees the term of Honorary Associate members active at the time of entry into force of this law on compensation committees and in the appeal committees will be extended to four years.

§ 10 (dropped out) § 11 loans to the evacuation of residential camps in Austria
The Federal Government is authorized, the Republic of Austria to the apartment building for the accommodation of German nationals, in particular displaced persons and settlers, who are still in Austrian residential camps, to grant interest-free loans to a total of 13 million deutsche mark and the year 1961 ab to pay depending on the progress of construction.

§ 12 authorizes adoption of a legal regulation that is Federal Government to affect any provision ensures that spouses who have been assessed according to § 38 of the balancing act together are not disadvantaged in the cases of section 55a and 55B of the balancing act by decree with the consent of the Federal Council. This, in particular provisions in can be taken, what is regarded as the abgabepflichtiges property of each spouse. In addition, it can be determined to simplify that half of their assessed taxable wealth is considered abgabepflichtiges assets of the spouses, and it is sufficient if the requirements of sections 55a and 55B of the balancing act in the person of the one and partly in the person of the other spouse.
Footnote § 12 italic: time overtaken § 13 I apply application time (1) the provisions of article 1 § 1 No. 2, 3, 9 to 15, 41 and 42 as well as §§ 2 and 3 with effect from the entry into force of the load balancing act (§ 375) off, 2. § 1 No. 7 with effect from January 1, 1959 ab, 3. § 1 No. 1 and no. 18 from point (e) with effect from April 1, 1961 , 4 § 1 No. 17, no. 18 letters a to d and f, no. 19 to 34 with effect from June 1, 1961, 5. § 1 No. 4 and 5 with effect from July 1, 1961, 6 §§ 4 and 5 with effect from the entry into force of the Act on the introduction of load balancing rules in the Saarland (section 40) off, 7 section 6 with effect from the entry into force of the General war order Act (§ 112) off.
(2) for the application of sections 266, 272, 273, 280 and 282 of the balancing act are for the period before June 1, 1961 the articles 246, 248, 249, 249a and 358 of the balancing act in the prior to the entry into force of this Act applied as in force prevail. § 245 No. 4 of the load balancing act as amended by § 1 No. 11 of that law applies for the application of sections 266, 272, 273, 280 and 282 of the balancing act of 1 April 1957.

Section 14 application in Berlin this law applies in accordance with § 12 (1) and § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Federal Law Gazette I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Article 15 entry into force this law enters into force on the day after its promulgation.