Second Ordinance For The Implementation Of The Law On The Introduction Of Load Balancing Rules In The Saarland

Original Language Title: Zweite Verordnung zur Durchführung des Gesetzes zur Einführung von Vorschriften des Lastenausgleichsrechts im Saarland

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Second Regulation implementing the law on the introduction of provisions of the burden-equalisation law in the Saarland (2). LADV-Saar)

Non-official table of contents

2. LADV-Saar

Date of delivery: 16.07.1963

Full quote:

" Second Regulation implementing the law on the introduction of provisions of the burden-compensation law in the Saarland in the Federal Law Gazentiary Part III, outline number 621-1-4, published revised version, as last amended by Section 5 of the Regulation of 26 June 2009, May 1975 (BGBl. I p. 1275) "

:Last modified by § 5 V v. 26.5.1975 I 1275

See Notes

Footnote

(+ + + Text credits: 1.1.1972 + + +) for more details on the stand specification. name="BJNR004710963BJNE000500326 " />Non-Official Table of Contents

Input Formula

Based on Section 12 (2) and Section 37 (1) and (3) of the Act on the Introduction of Rules of the Load balancing right in the Saarland of the 30. July 1960 (BGBl. 637), as last amended by Section 3 of the Sixteenth Act amending the burden-equalisation act of 23. May 1963 (BGBl. I p. 360), the Federal Government, with the approval of the Federal Council:

First Title
Meeting of Saarland Prepayments with Saarland Support and with War Damage Pensions

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§ 1 Handling of the Saarland advance payments during the conversion of the Saarland maintenance aid
(§ 1 27 LA-EG-Saar)

(1) Prepayments within the meaning of Section 12 (1) of the Law (Saarland advance payments) are granted before or during the granting of maintenance aid in accordance with the Saarland Unterhaltshilfe-Gesetz (Saarland Unterhaltshilfe) Act (Saarland Unterhaltshilfe) , can be converted to maintenance aid under the burden-balancing act, even if the Saarland advance payments exceed the minimum amount to be filled in accordance with Section 278a (4) of the burden-equalisation act.(2) If, in accordance with paragraph 1, the Saarland maintenance aid is converted to life-time maintenance assistance, compensation pension may be granted if
1.
the Saarland advance payments are the minimum amount of filling according to § 278a (4) of the Late Equalization Act or a higher credit-free interest surcharge (§ 9 para. 1 sentence 3 of the Sixteenth Regulation on compensation in accordance with the burden-balancing act, as amended by the 7. August 1969, Bundesgesetzbl. 1089),
2.
the basic amount of the principal compensation remaining after deduction of the Saarland advance payments and rounded up to the full 100 Deutsche Mark the provisional amount of the maintenance assistance. For the calculation of the provisional amount of the maintenance assistance, § 10 (4) of the 16. Performance DV-LA. For the calculation of the compensation pension, the basic amount of the principal compensation remaining after deduction of the Saarland advance payments shall be determined.
The compensation pension shall be calculated on the basis of the amount by which the amount referred to in point 1 or 2 shall be calculated. in each case the relevant basic amount exceeds the amount of the blocking amount (§ 278 LAG); § 9 (2) of the sixteenth regulation on compensation payments under the burden-compensation law must be applied accordingly.(3) If the Saarland maintenance aid is converted to compensation pension alone, the compensation pension shall be calculated from the basic amount of the principal compensation, which remains after deduction of the Saarland advance payments. The second sentence of Section 283 (4), second sentence, of the Act on Equalisation of the Balance of Load and the second sentence of Article 10 (1) of the Sixteenth Regulation on compensatory benefits under the Burden-Compensation Act must be applied accordingly.(4) In the case of the application of paragraphs 2 and 3, the Saarland advance payments shall be taken into account even if they do not have a right to the main compensation under the burden-equalisation law. Non-official table of contents

§ 2 Handling of the Saarland advance payments for the award of war-related charges

(1) The Saarland Advance payments shall be treated in the case of the award of a war pension under the burden-equalisation act as if, at the time of the grant, a claim for principal compensation had been fulfilled.(2) In so far as Saarland advance payments preclude the granting of maintenance assistance for life-time pursuant to paragraph 1, the fulfilment shall be reversed upon request, in accordance with Section 278a (6) (1) of the German Burden-Compensation Act. If the application for maintenance assistance has been made before the right to principal compensation has been granted, a request made within one year after the grant has been made to reverse the fulfilment of the claim, shall be at the time of the date of the award of the main compensation. of the first application; the end of the year does not end before the 31. May 1972. Non-official table of contents

§ 3 Granting of the minimum amount

If advance payments have been made to Saarland, the amount of the advance payment shall be: Minimum amount of charge (Section 278a (4), Section 283a (1) (3) of the LAG) only if it exceeds the advance payments. Non-official table of contents

§ 4 Order of Invoice

For the order in which payments are made to Saarland maintenance assistance, War-related and Saarland advance payments to the main indemnity shall apply to § 8 of the 16. Performance DV-LA in accordance with the following rules:
1.
In the cases of § 1 (1) and (2), if: the right to principal compensation by the granting of maintenance assistance or of maintenance assistance and compensation pension is not provisionally taken up in full, first of all the advance payments to the non-provisionally in claim § § 3 and 4 as well as § 7 (1) of the 16. Use the performance DV-LA accordingly. In so far as the advance payments in the cases of § 1 (1) and (2) cannot be credited in accordance with the first sentence, they shall be added to the maintenance aid; the same order shall apply to the cases in Section 1 (3).
2.
In the cases of § 2 para. 1 are § § 13 and 8 No. 4 of the 16.
into the advance payments, a part of the minimum amount according to § 3 is granted, this is to be calculated in the cases of the second sentence of the second sentence following the advance payments.

Second Title
Meeting of Building Loans with Saarland Prepayments, Saarland Support and War Scarves

A non-official table of contents

§ 5 Order of settlement loans and prepayments in Saarland

(1) Are built-up loans (Saarland loans according to § 13 of the Law and On the basis of the burden-balancing act) and the pre-payment of Saarland to a claim for principal compensation, the calculation of the Saarland advance payments takes precedence over the calculation of the construction loans.For the purposes of the application of paragraph 1, any advance payments made prior to a rebuilding loan shall be counted first on the interest rate surcharge incurred up to the date of payment. Prepayments in Saarland, which have been granted after a loan, shall be credited to the basic amount of the main compensation and the interest-rate surcharge in the ratio, in the basic amount and the surcharge at the time of payment to each other. . Non-official table of contents

§ 6 Order of settlement of loans, Saarland advance payments, Saarland maintenance assistance, and

addition to construction loans, a Saarland maintenance aid and a war damage pension, Saarland advance payments are to be calculated on the basis of the right to the main compensation, and the order of the settlement § 4 of this Regulation in conjunction with Section 258 (4) of the German Act on Burden Compensation; for the ratio of the settlement of loan-based loans and advance payments to one another, § 5.

Third Title
Consideration of Saarland advance payments in succession

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§ 7 Invoice of Saarland advance payments to the Deceased

(1) Is a directly injured person before the 1. In April 1952, the Saarland advance payments made to him are to be calculated on the basis of the ratio of the inheritance to the claims for principal compensation, resulting from damage suffered by the deceased in the person of his heirs on the first day of the year. They were born in April 1952. In the same way, Saarland advance payments are made to one before the 1. The heirs died in April 1952 for damage to the immediately injured person, to the heirs of the other heirs to the first heir to the first heir to the first heir. April 1952, claims to be attributed to the main compensation.(2) On the basis of the 31. In accordance with the provisions of paragraph 1 of this Article, the right to principal compensation shall be calculated on the basis of the provisions of paragraph 1 of this Article, and any advance payments made in Saarland for damage to the person directly injured in the first subparagraph shall be set off on the 1. In the case of a person who has been authorized by a number of persons, the pre-payments of Saarland shall be calculated on the basis of the ratio of the inheritance. In the same way, Saarland advance payments are to be made to the 31. Heirs of the person entitled to be charged with the heirs of the heirs of the heirs. Non-official table of contents

§ 8 Invoice of Saarland advance payments to heirs

(1) Saarland advance payments to an heir for Damage to the deceased person's immediate injured party shall be credited,
1.
if the Hereditary case before 1. 4. April 1952, subject to § 9, to the right to principal compensation, which was incurred in the person of the heir for damage to the immediate injured person,
2.
if the inheritance is in accordance with the 31. (2)
(2) Non-official (*) Table of contents

§ 9 Invoice of Saarland advance payments to multiple claims on main compensation

Are in person of one on the 1. April 1952 calculated claims on the main compensation for damages of one's own damage and from damages of one or more immediately injured persons who died before that date, are Saarland advance payments in accordance with § § 7 and 8 to the Sum of the claims for principal compensation to be calculated. The same shall apply if, in the person of the entitled, claims for principal compensation are only due to damage from more than one prior to the first.

Fourth Title:
Other and Final Provisions

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§ 10 Exclusion Deadlines for Requests Pursuant To Saarland Regulations

(1) For war damage to household goods, in the period of 9. May 31. Applications may be made in accordance with the guidelines for the proof-of-evidence procedure in the Saarland of 28 July 1945. August 1948 (Official Journal of the Saarland 1949 p. 108 p. 108) up to 31. December 1963.(2) Applications for the provision of services for loss of household rattles in accordance with the laws, regulations or administrative provisions of Saarland (Section 18 (2), § 30 (2) of the Law on the introduction of provisions of the burden-compensation law in the Saarland) can only be granted up to 31. December 1972. Non-official table of contents

§ 11 Application Time

The provisions of § § 1 to 9 are applicable with effect from the entry into force of the law on introduction of the provisions of the burden-compensation law in the Saarland, § 2 (2) but with effect from 1. 1 June 1961 onwards. Non-official table of contents

§ 12 Application in the Land Berlin

This regulation applies in accordance with Section 14 of the Third Transfer Act of 4. January 1952 (BGBl. 1) in connection with § 39 of the Law on the introduction of provisions of the burden-compensation law in the Saarland, also in the Land of Berlin. Non-official table of contents

§ 13 Entry into force

This Regulation will enter into force on the day after it is announced.