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

Read the untranslated law here: http://www.gesetze-im-internet.de/lasaardv_2/BJNR004710963.html

Second Ordinance for the implementation of the law on the introduction of load balancing rules in the Saarland (2nd LADV-Saar) 2. LADV Saar copy date: 16.07.1963 full quotation: "second regulation on the implementation of the law on the introduction of load balancing rules in the Saarland in the Federal Law Gazette Part III, outline number 621-1-4, adjusted version published recently by article 5 of the regulation of 26 May 1975, (BGBl. I S. 1275) is changed" stand : Last amended by § 5 V v. 26.5.1975 I 1275 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1972 +++) input formula on the basis of § 12 para 2 and § 37 para 1 and 3 of the Act on the introduction of load balancing rules in the Saar region by July 30, 1960 (Federal Law Gazette I p. 637), last amended by article 3 of the sixteenth law amending the balancing act of 23 May 1963 (BGBl. I p. 360) , the Federal Government with the consent of the Federal Council decreed: first title meeting German advances with Saarland maintenance aid and war-damage pensions section 1 treatment of Saarland prepayments during the changeover of the Saarland maintenance help (section 27 LA-EC Saar) (1) advance payments in the sense of § 12 para 1 of the law (Saarland advance payments) before or during the granting of maintenance assistance under the Saarland maintenance aid Act (Saarland maintenance help) has been granted, can be converted to keep aid according to the load-balancing act , even if the Saarland advance payments exceed the minimum settlement amount according to § 278a para 4 of the balancing act.
(2) the Saarland maintenance assistance is adjusted pursuant to paragraph 1 for maintenance assistance on lifetime, compensation pension may be granted also when 1 Saarland advance payments the minimum settlement amount according to § 278a para 4 of the load balancing act or a higher credit free interest surcharge (§ 9 para 1 sentence 3 of the sixteenth Regulation on compensation according to the load balancing act in the version of August 7, 1969, Bundesgesetzbl.) I p. 1089), 2 the remaining after deduction of the Saarland advances basic amount of the main compensation reached the provisional capital charge of maintenance help, rounded up to full 100 Deutsche Mark upwards. For the calculation of the provisional credit amount of maintenance assistance, para 4 of the 16 LeistungsDV-LA is § 10. The basic amount of the main compensation is decisive for the calculation of the compensation pension, which remains after deduction of the Saarland prepayments.
The compensation pension is the amount to calculate the, the basic amount referred to in point 1 or 2 each authoritative (§ 278 was) exceeds the amount of the block; § 9 ABS. 2 of sixteenth Regulation on compensation is under the balancing act apply mutatis mutandis.
(3) if the Saarland maintenance help on compensation pension alone is converted, the compensation pension by the basic amount of the main compensation is to calculate, which remains after deduction of the Saarland prepayments. § 283 No. 4 2 half-sentence 2 of the balancing act and § 10 para 1 sentence 2 of the sixteenth Regulation on compensation are set according to the load balancing act apply mutatis mutandis.
(4) for the application of paragraphs 2 and 3, Saarland advance payments are even taken into consideration when a claim to compensation for main not facing them after the load-balancing act.

§ 2 the Saarland prepayments are treatment of Saarland prepayments in the granting of war-damage pensions (1) to treat as if at the time of granting a major compensation claim would be met for the granting of war-damage pensions according to the load-balancing act.
(2) as far as Saarland prepayments preclude the award of maintenance help for life referred to in paragraph 1, the meeting request is reversed; for this purpose, § 278a paragraph 6 applies no. 1 of the balancing act in accordance with. Is the application for provision of maintenance assistance prior to the granting of the claim on the main compensation has been made, an application within one year after the granting, to reverse the performance, looks back on the date of the first application; the year does not end before May 31, 1972.

§ 3 granting of the minimum amount of fulfillment Saarland advance payment has been granted, the minimum settlement amount (Section 278a para 4, § 283a para 1 No. 3 was) is granted only insofar as it exceeds the advance payments.

§ 4 order of credits for the order of the imputation of payments to Saarland maintenance assistance, war-damage pensions and Saarland prepayments on the main compensation is § 8 of the 16 LeistungsDV-LA in accordance with the following rules: 1. in the cases of § 1 para 1 and 2 are, if the claim on main compensation through the granting of maintenance assistance or maintenance assistance and compensation pension not in full is provisionally claim , first the advance payments on the part of the main compensation not provisionally taken into account; in § apply LeistungsDV LA according to § 3 and 4 and § 7 para 1 of the 16. As far as the payment in advance in the cases of § sentence 1 can be applied to 1 para 1 and 2 does not to, they are following the maintenance aid credit; the same order applies to the cases of § 1 para 3 2.
In the cases of § 2 para 1, §§ 13 and 8 are accordingly apply no. 4 of 16 LeistungsDV-LA.
Still a part of the minimum amount of fulfillment is granted under section 3 except for the advance payments made, is in the number of cases attributable to 1 sentence 2 in connection to the advance payments.
Order of the deduction of construction loans and Saarland advance payments (1) second meeting of construction loans with Saarland advances, Saarland maintenance aid and war-damage pensions article 5 are crediting the Saarland advances credit construction loans (Saarland loan according to section 13 of the Act and construction loans according to the load balancing act) and Saarland prepayments on a claim to compensation for main, takes precedence before the deduction of construction loans.
(2) in the application of paragraph 1, Saarland advance payments which have been granted before a construction loan, be applied first on the interest charge incurred up to the time of payment. Saarland advance payments which have been granted for a construction loan, will be deducted from the basic amount of the main compensation and the interest rate contract in relation, in the basic amount and interest surcharge at the time of payment to each other.

§ 6 order of the deduction of loans, Saarland prepayments, Saarland maintenance aid and war-damage pensions are maintenance assistance in addition to construction loans, saarländischer and credit war-damage pensions also Saarland prepayments on the main compensation entitlement applies to the order of crediting § 4 of this regulation in conjunction with article 258 par. 4 of the balancing act; section applies to the ratio of credit construction loans and Saarland advance payments to each other 5 third title imputation of Saarland advances in succession § 7 recognition of Saarland advances to the deceased (1) is a directly damaged died prior to April 1, 1952, is the Saarland advance payments made to him after the ratio of inheritances on the main compensation claims, resulting from damages of the testator in person of his heir on 1 April 1952. In the same way Saarland prepayments that are been done deceased heirs for damage of the directly affected to one prior to April 1, 1952, is that in the person of the other heirs on 1 April 1952 incurred major compensation claims.
(2) on the are of the 31 March 1952 ancestral claim on main compensation, where appropriate after application of paragraph 1, credit all Saarland advance payments which are made eligible for the directly injured the damage on April 1, 1952; is the beneficial owner of more than one person succeeded been, Saarland advance payments is based on the ratio of inheritances. Saarland advance payments are to be deceased heirs of the person entitled to their heirs after the 31 March 1952 in the same way.

§ 8 imputation of Saarland advances to heirs (1) Saarland prepayments that are immediately been done to an heir for damage of the deceased victims, be counted, 1 if the succession has occurred prior to April 1, 1952, subject to article 9, on the main compensation entitlement which arose in the person of the heirs for damage of the directly affected is 2. If the testator occurring after March 31, 1952, , on the inherited share of main compensation claim based on damage of the directly affected.
(2) § 9 transfer of Saarland advances on several major compensation claims
The person of an authorised on 1 April 1952 main indemnity one or more prior to that date were born deceased immediately damaged own damage and damage, Saarland prepayments is the § in accordance with § 7 and 8 on the sum of the main compensation claims. The same is true when in the person of the main indemnity arising only from damage of several prior to April 1, 1952 deceased directly damaged.
Fourth title miscellaneous and final provisions deadlines for applications are section 10 after Saarland governing war damage to household goods, during the period from 9 May to 31 July 1945 (1), requests for determination can according to the guidelines for litigation in the Saarland on 28 August 1948 (Official Journal of the Saarland 1949 p. 108) up to December 31, 1963.
(2) applications for the grant of benefits for loss of furniture after Saarland legal or administrative provisions (§ 18 para 2, § 30 para 2 of the law on the introduction of load balancing rules in the Saarland) can be made until December 31, 1972.

11 date of application of the provisions of sections 1 to 9 are with effect from the entry into force of the law establishing load balancing rules in the Saarland, however with effect from June 1, 1961 off to apply article 2, par. 2.

Article 12 application in Berlin, Germany this Regulation shall apply to § 14 of the third of transfer Act of January 4, 1952 (Federal Law Gazette I p. 1) in conjunction with section 39 of the Act establishing load balancing rules in the Saarland in the Federal State of Berlin.

Article 13 entry into force this regulation enters into force on the day after its promulgation.