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

Unofficial table of contents

2. LADV-Saar

Date of completion: 16.07.1963

Full quote:

" Second Regulation implementing the law introducing the provisions of the burden-compensation law in the Saarland in the adjusted version published in the Bundesgesetzblatt part III, outline number 621-1-4, the latest by § 5 of the Regulation of 26 May 1975 (BGBl. 1275).

Status: Last amended by § 5 V v. 26.5.1975 I 1275

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text validity: 1.1.1972 + + +) Unofficial table of contents

Input formula

On the basis of section 12 (2) and section 37 (1) and (3) of the Law on the introduction of provisions of the burden-compensation law in the Saarland of 30 July 1960 (BGBl. 637), as last amended by § 3 of the Sixteenth Act amending the Burden-Equalization Act of 23 May 1963 (BGBl. I p. 360), the Federal Government decrees with the consent of the Federal Council:

First Title
Meeting of Saarland advance payments with Saarland maintenance aid and war-related pension

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§ 1 Treatment of the Saarland advance payments in the conversion of Saarland maintenance aid
(§ 27 LA-EC-Saar)

(1) Prepayments within the meaning of Section 12 (1) of the Law (Saarland advance payments) have been granted before or during the granting of maintenance assistance in accordance with the Saarland Unterhaltshilfe-Gesetz (Saarland Unterhaltshilfe) Act (Saarland Unterhaltshilfe), can be applied to Maintenance aid in accordance with the burden-balancing act, even if the Saarland advance payments exceed the minimum amount of filling according to Article 278a (4) of the Burden-Equalisation Act. (2) Will the Saarland Unterhaltshilfe after paragraph 1 on maintenance assistance for life-time, can also be Compensation pension shall be granted where:
1.
the Saarland advance payments amount to the minimum amount of filling pursuant to Section 278a (4) of the Debit Compensation Act or a higher invoice-free interest surcharge (Section 9 (1) sentence 3 of the Sixteenth Regulation on compensatory benefits under the terms of the Lastencompensating Act as amended on 7 August 1969, Bundesgesetzbl. 1089),
2.
the basic amount of the principal compensation remaining after the deduction of the Saarland advance payments reaches the provisional amount of the maintenance aid, rounded up to the top 100 Deutsche Mark. 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 shall be the amount remaining after deduction of the Saarland advance payments.
The compensation pension shall be calculated on the basis of the amount by which the basic amount, as determined in accordance with point 1 or 2, exceeds the amount of the blocking amount (§ 278 LAG); section 9 (2) of the sixteenth regulation on compensation in accordance with the burden-equalisation act (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 after deduction of the Saarland advance payments shall be made remaining. (4) For the purposes of the application of paragraphs 2 and 3, the provisions of Article 283 (4), second sentence, second sentence, of the Act on Equalization of Balance and Article 10 (1), second sentence, of the Sixteenth Regulation on compensatory benefits under the burden-balancing act must be applied accordingly. (4) the Saarland advance payments shall be taken into account even if they are not entitled to claim the main compensation under the burden-equalisation law. Unofficial table of contents

§ 2 Treatment of the Saarland advance payments in the granting of war damage pension

(1) The Saarland advance payments are to be treated in the case of the award of war damages under the burden-equalisation law as if a claim for principal compensation had been fulfilled at the time of their granting. (2) As far as saarland In the event of an advance payment of the granting of maintenance assistance to the life of the person referred to in paragraph 1, the performance shall be reversed upon request, in accordance with Section 278a (6) (1) of the Act on Equalization of the Burden Compensation. 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 annual period shall not expire before 31 May 1972. Unofficial table of contents

Section 3 Granting of the minimum amount

If pre-payments have been made in Saarland, the minimum amount of payment (Section 278a (4), Section 283a (1) (3) of the LAG) is only granted to the extent that it exceeds the advance payments. Unofficial table of contents

§ 4 Order of invoice

§ 8 of the 16 applies to the order in which payments to Saarland maintenance aid, war-related charges and Saarland advance payments are to be invoiced to the main compensation. Performance DV-LA in accordance with the following provisions:
1.
In the cases referred to in Article 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, the first of these shall be the To be paid in advance on the part of the main compensation which is not provisionally used; § § 3 and 4 as well as § 7 (1) of the 16th are to be added to the main compensation. 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. Use the performance DV-LA accordingly.
If, in addition to the advance payments, a part of the minimum amount is granted in accordance with § 3, it shall be set aside in the cases referred to in the second sentence of paragraph 1 following the advance payments.

Second Title
Meeting of construction loans with Saarland advance payments, Saarland maintenance aid and war damage pension

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§ 5 Order of settlement of loans and prepayments of Saarland

(1) Where construction loans (Saarland loans in accordance with § 13 of the Law and Building Loans under the Late Equalization Act) and Saarland advance payments on a claim to principal compensation are to be set off, the settlement of the Saarland (2) In the case of the application of paragraph 1, any advance payments made prior to a rebuilding loan shall first be made on the basis of the date of payment of the Saarland. Interest surcharge credited. Prepayments in Saarland, which have been granted after a loan have been made, shall be credited to the basic amount of the main compensation and the surcharge in the ratio, in the basic amount and in the interest rate at the time of payment. to each other. Unofficial table of contents

§ 6 Order of the settlement of loans, Saarland advance payments, Saarland maintenance aid and war-related pension

If, in addition to construction loans, Saarland maintenance assistance and war damage, Saarland advance payments are also to be calculated on the claim to the main compensation, the order of the calculation of § 4 of this Regulation in conjunction with § 258 shall apply. Section 4 of the Act on Equalisation of the Burden Compensation Act; for the ratio of the calculation of the construction loans and the advance payments of Saarland to one another, § 5.

Third Title
Settlement of Saarland advance payments in succession

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Section 7 Invoice of Saarland advance payments to the deceased

(1) If an immediate injured person has died before 1 April 1952, the Saarland advance payments made to him shall be calculated on the basis of the ratio of the succession to the claims for principal compensation, which shall be due to the damage of the deceased in the The person of his heirs was born on 1 April 1952. In the same way, Saarland advance payments made to an heir deceased before 1 April 1952 for damage to the immediately injured person shall be subject to the claims arising in the person of the other heirs on 1 April 1952. to the main compensation. (2) The right to the principal compensation granted after 31 March 1952 shall, where appropriate after the application of paragraph 1, be used to calculate all the Saarland advance payments for damage caused by the direct payment of the principal compensation. Damaged persons who have been entitled to the performance of the person entitled to the death of a person on 1 April 1952; is the person entitled to several persons have been praised, the Saarland advance payments shall be calculated on the basis of the ratio of the inheritance. In the same way, advance payments of Saarland to the heirs of the beneficiary who died after 31 March 1952 are to be applied to the heirs of the heirs. Unofficial table of contents

§ 8 Invoice of Saarland advance payments to heirs

(1) Saarland advance payments made to an heir for damage to the deceased person directly injured shall be credited to:
1.
if the succession occurred before 1 April 1952, subject to § 9 thereof, to the right to the principal compensation which was incurred in the person of the heir for damage to the person directly injured,
2.
if the inheritance occurred after 31 March 1952, on the inherited share of the right to the main compensation based on damage to the directly injured person.
(2) Unofficial table of contents

Section 9 Invoice of Saarland advance payments to several claims for main compensation

In the case of a person entitled to a principal compensation for damages arising from his own damage on 1 April 1952 and for damages of one or more immediately injured persons who died before that date, Saarland advance payments shall be made in accordance with the following conditions: In accordance with § § 7 and 8, the sum of the claims for the main compensation is to be calculated. The same shall apply if, in the person of the person concerned, the right to compensation for the main compensation has been incurred only from the damage of a number of immediately injured persons who died before 1 April 1952.

Fourth Title
Other and final provisions

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Section 10-Time limits for requests for applications in accordance with Saarland rules

(1) For war damage to household goods, which were incurred in the period from 9 May to 31 July 1945, applications can be made according to the Guidelines for the Evidence Warrant Procedure in the Saarland of 28 August 1948 (Official Journal of the Saarland 1949 p. 108) until 31 December 1963. (2) Applications for the granting of benefits for household rate losses in accordance with the laws, regulations or administrative provisions of Saarland (Section 18 (2), Section 30 (2) of the Act on the introduction of regulations of the Lastencompensatory right in the Saarland) can only be made until 31 December 1972. Unofficial table of contents

§ 11 Application Date

The provisions of § § 1 to 9 are to be applied with effect from the entry into force of the law for the introduction of provisions of the burden-compensation law in the Saarland, Section 2 (2) but with effect from 1 June 1961. Unofficial table of contents

§ 12 Application in the Land of Berlin

This Regulation shall apply in accordance with Section 14 of the Third Code of Merit 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. Unofficial table of contents

Section 13 Entry into force

This Regulation shall enter into force on the day following that of its announcement.