Fourteenth law amending the burden-equalisation act (14). ÄndG LAG)

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14. ÄndG LAG

Date of completion: 26.06.1961

Full quote:

" Fourteenth law amending the burden-equalisation law in the revised version published in the Bundesgesetzblatt Part III, outline number 621-1-Ä 14, which was last amended by Article 2 of the Law of 21 June 2006 (BGBl. 1323).

Status:

Last amended by Art. 2 G v. 21.6.2006 I 1323

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1. 1.1976 + + +) Unofficial table of contents

Content Summary

Article I
Amendment of laws
Amendment of the burden-equalisation act	§ 1
Amendment of the Law on the Arrest	§ 2
Amendment of the Monetary Equalization Act	§ 3
Amendment of the law on the introduction of provisions of the burden-equalisation law in the Saarland	§ 4
Amendment of the Housing Act for the Saarland.	§ 5
Amendment of the General Warfare Act	§ 6
Article II
Transfer and final provisions
Transitional arrangements for the war damage pension	§ 7
Costs in administrative court proceedings in the case of the seizure	§ 8
Term of office of compensation committees and committees of appeal	§ 9
Aid to displaced persons abroad	§ 10
Loans for the clearing of residential camps in Austria	§ 11
Adoption of a regulation	§ 12
Application Time	§ 13
Application in Berlin	§ 14
entry into force	§ 15

Type I
Amendment of laws

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§ 1 Amendment of the Burden-Equalisation Act

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§ 2 Amendment of the Law on the Arrest

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Section 3 Amendment of the monetary compensatory act

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Section 4 Amendment of the Act on the introduction of provisions of the burden-compensation law in the Saarland

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§ 5 Amendment of the Housing Act for the Saarland

Law No 696, Housing Law for Housing of Saarland, of 17 July 1959 (Official Journal of Saarland, p. 1349) is amended and supplemented as follows:

1.

Section 4 shall be amended as follows:

a)

In paragraph 1, the words 'shall be determined' shall mean the words 'and the means of the compensation fund determined in accordance with the burden-equalisation act for the assistance of the housing'.

b)

In paragraph 2 (a), the words ' of 14 August 1952 (BGBl. 446), as amended, ".

2.

The following paragraph 5 shall be added to Article 12: ' (5) The provisions of paragraph 1 shall not apply to the reflows arising from the loans granted or granted under the compensation fund for housing. The provisions of paragraph 3 shall not apply to equity participations of the compensation fund. "

3.

In accordance with § 12, the following § 12a is inserted: " § 12 a special provisions for the compensation fund (1) The President of the Federal Compensation Fund requires the distribution of funds from the compensation fund, which are used as inclusion loans for the housing sector (§ 254 2 and 3 and Section 259 (1) sentence 3 of the German Burden-Equalisation Act) or for the housing assistance (§ § 298 to 300 of the German Act on Goods Compensation), the approval of the Federal Minister of Housing. The funds of the compensation fund intended for housing assistance shall be provided by the Saarland, together with the other public funds to be used by it for the promotion of social housing, in accordance with uniform principles, with due regard for the The purpose of the burden-balancing act. The claims of the compensation fund for the repayment of loans granted to the Saarland pursuant to § 348 (2) of the German Act on Equalization of the Burden Compensation Act are due to the use of the funds in accordance with the provisions of this law, subject to the provision of the § § 35, shall not be affected. (2) In order to prepare the housing in a scheduled way, the President of the Federal Compensation Office shall, as far as possible, by 1 December of each year, the amount of the compensation fund, which shall be the subject of the following financial year, which are to be used as inclusion loans for housing or for housing assistance (3) dispositions on the use of funds, general administrative provisions and general arrangements of the President of the Federal compensation pursuant to § 319 (1) and (2), § 320 (2), § 346 and 348 (3) of the Burden-Compensation Act, which relates to the promotion of housing construction, in particular also to the procedure and to the distribution of the apartments, require the Approval of the Federal Minister of Housing; the same shall apply to the loan conditions and Conditions under which the funds are granted to the Saarland. (4) The consent of the Federal Minister of Housing is to be obtained before the approval of the Supervisory Committee (Section 320 (2) in conjunction with Section 319 (1) of the Burden-Compensation Act). The powers of the Supervisory Committee shall not be affected by the provisions of paragraphs 1 and 3. (5) Insofar as the hardship fund (§ § 301, 301a of the Act on Equalisation of Lasting) or the other support measures (302 of the (1) the provisions of paragraphs 1 to 4 shall apply mutaly to the provisions of paragraphs 1 to 4. '

4.

In Article 15, the following sentence shall be added to paragraph 1 in accordance with points (a) to (c): " Within the individual funding ranks, in the case of the use of housing assistance funds, the owners are in the order of precedence in the order of precedence in the burden-equalisation law. "

5.

In § 22 para. 2 letter b, the words " of 14 August 1952 (BGBl. 446), as amended, ".

6.

In paragraph 24, the following sentence is added to paragraph 4: 'This shall not apply to the means of the compensation fund intended for the aid of housing.'

7.

Section 28 is amended as follows:

a)

In paragraph 4, point (b), the words " of 14 August 1952 (BGBl. 446), as amended, ".

b)

The following paragraph 5 shall be added: '(5) The office of approval shall, to a reasonable extent, reserve the right to publicly subsidized housing for those seeking accommodation which are victims of the burden-equalisation law and which do not receive a construction loan.'

8.

Section 35 is amended as follows:

a)

In paragraph 1, the words 'from the compensatory fund' shall be inserted after a comma after the words 'from the covenant'.

b)

In paragraph 2, the words 'the compensation fund' shall be inserted after a comma after the words 'of the federal government'.

c)

Paragraph 3 is replaced by the following: "(3) In the amount of the shares to which the Federal Government and the compensation fund are subject, the claims of the Federal Government and the compensation fund shall be reduced to repayment of the loans granted to the Saarland."

d)

In the first sentence of paragraph 4, the words 'and the compensation fund' shall be inserted after the words 'to the federal government'.

e)

In paragraph 5, the words 'and the compensation fund' shall be inserted after the words 'to the federal government'.

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§ 6 Amendment of the General Act on War of War

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Type II
Transfer and final provisions

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Section 7 Transitional arrangements for the war-related pension

(1) In the case of persons who are only entitled to apply for a war-related pension under this law, a war-related pension shall be granted up to 30 September 1962 with effect from 1 June 1961, but at the earliest from the first of the month, in the case of persons who are entitled to apply for a war-related pension. (2) The application may apply to persons who are only able to apply for maintenance assistance in accordance with § § 278a, 291 of the Act on Equalization of the Law of Justice in the version of this Act. Support for incapacity for work (§ 265 of the LAG) until 30 June 1963 (3) In so far as a person entitled to maintenance has been granted maintenance on time and has been eliminated by reaching the basic amount before 1 June 1961, that law shall, on the basis of this law, provide maintenance assistance for a further period of time is, until 31 December 1962, to pay an amount equivalent to the amount of the basic amount not yet consumed (total amount), in order to repay this claim. The right to the settlement sum shall be established on 1 June 1961 in the person of the entitled person or of his/her relatives within the meaning of Article 272 (2) and (3) of the Act on Burden-Compensation. In the case of application of § 278a of the burden-balancing act, the total amount of the settlement is to be calculated in full on the basic amount of the main compensation. The granting of the settlement sum shall not preclude the granting of a minimum amount of payment pursuant to Section 278a (4) of the Burden-Compensation Act. Unofficial table of contents

§ 8 Costs in administrative court proceedings in the case of confiscation

As far as a participant is involved during a period of entry into force of the Eleventh Law amending the Burden Balancing Act of 29 July 1959 (BGBl. 545), the Twelfth Law amending the Burden-Equalisation Act of 29 July 1960 (BGBl I). 613), of the Law on the introduction of the provisions of the burden-compensation law in the Saarland of 30 July 1960 (BGBl. 637), or administrative judicial proceedings pending before the Court of Justice, on the granting of compensation, by virtue of the fact that, in the implementation of these laws, a decision is taken in his favour or that a decision is taken in his favour. If a participant withholds an appeal on account of such a decision, the court costs shall not be levied, extra-judicial costs will be lifted against each other. The cost decisions which have become legally valid until the entry into force of this Act remain unaffected. Unofficial table of contents

Section 9 Duration of the advisers of countervailing committees and committees of appeal

The term of office of the honorary advisers working in the countervailing committees and committees of appeal at the time of entry into force of this Act shall be extended to four years. Unofficial table of contents

§ 10

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Section 11 Loans for evacuation of residential camps in Austria

The Federal Government is authorized to grant interest-free loans to the Republic of Austria for housing for the accommodation of German nationals, in particular displaced persons and resettlers, who are still located in Austrian housing camps. up to the total amount of 13 million Deutsche Mark and to be paid out from the accounting year 1961 onwards, depending on the construction progress. Unofficial table of contents

§ 12 Decree of a Regulation

The Federal Government is empowered to adopt, with the consent of the Federal Council, a regulation to ensure that spouses who have been brought together pursuant to Article 38 of the German Act on Equalization of Equalization (burden-balancing act) in the cases of § § 55a and 55b of the burden-compensation law will not be penalised. In particular, provisions may be made as to what is deemed to be the property of the individual spouse. In addition, in order to simplify the situation, it can be determined that the spouse's assets are subject to half of their assessed taxable assets, and it is sufficient if the conditions of § § 55a and 55b of the Act on Equalization of the burden of compensation are fulfilled. in part in the person of one and part of the person of the other spouse.

Footnote

§ 12 Italic: Timely overhauled Unofficial table of contents

§ 13 Application Date

(1) The provisions of Article I shall apply:

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 burden-compensation law (§ 375),

2.

Section 1, point 7, with effect from 1 January 1959,

3.

Section 1 (1) and (18) (e), with effect from 1 April 1961,

4.

Section 1, No 17, No 18, points (a) to (d) and (f), Nos 19 to 34, with effect from 1 June 1961,

5.

Section 1 (4) and (5), with effect from 1 July 1961,

6.

§ § 4 and 5 with effect from the entry into force of the law for the introduction of provisions of the burden-compensation law in the Saarland (§ 40),

7.

§ 6 with effect from the entry into force of the General War Act Act (§ 112).

(2) For the purposes of the application of Sections 266, 272, 273, 280 and 282 of the burden-compensation law, for the period prior to 1 June 1961 § § 246, 248, 249, 249a and 358 of the burden-compensation law are in force in the version in force before the entry into force of this law authoritative. § 245 No. 4 of the Act on Equalization of Burdens in the version of § 1 No. 11 of this Act applies to the application of § § 266, 272, 273, 280 and 282 of the burden-equalization act of 1 April 1957. Unofficial table of contents

§ 14 Application in Berlin

This law applies in accordance with Section 12 (1) and Section 13 (1) of the Third Transfer Act of 4 January 1952 (BGBl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 15 Entry into force

This law shall enter into force on the day after it is announced.