Act On Assistance For People Infected By Anti-D Immunoprophylaxis With Hepatitis C Virus

Original Language Title: Gesetz über die Hilfe für durch Anti-D-Immunprophylaxe mit dem Hepatitis-C-Virus infizierte Personen

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Help for anti-D-immune prophylaxis with the hepatitis C virus (Anti-D-Help Act-AntiDHG)

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Date of expend: 02.08.2000

Full quote:

" Anti-D Help Act of 2. August 2000 (BGBl. 1270), as last amended by Article 3 of the Law of 13. December 2007 (BGBl. I p. 2904) "

:Last modified by Art. 3 G v. 13.12.2007 I 2904

For details, see the Notes


(+ + + text evidence from: 1) menu. 1.2000 + + +) unofficial table of contents

entry formula

The Bundestag has approved, with the approval of the Bundesrat, the following law: Non-official Table of Contents

§ 1 Claim for Help

(1) Women who are listed in the area referred to in Article 3 of the Agreement as a result of Anti-D-immune prophylaxis carried out in 1978 and 1979 with the Charges of the District Institute for Blood donation and Transfusion of the District of Halle Nrn. 080578, 090578, 100678, 110678, 120778, 130778, 140778, 150878, 160978, 171078, 181078, 191078, 201178, 211178 and 221278 have been infected with the hepatitis C virus, as well as contact persons who are most likely to be infected with the Hepatitis C virus has been infected, received from humanitarian and social reasons, medical treatment and financial assistance. Financial assistance shall also be granted to survivors of a person entitled under the first sentence.(2) Contact persons within the meaning of the first sentence of paragraph 1 shall be
which, since the immune prophylaxis of those in sentence 1 ,
Stief, adoptive and foster children, as well as other children, spouses and life partners who do not have the women mentioned in sentence 1. Only temporarily living or living in a domestic community.
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§ 2 Health care and medical treatment

In accordance with § 1 (1) sentence 1, the beneficiaries are entitled to receive medical and medical treatment for the health effects caused by the hepatitis C virus infection in the appropriate application of § § 10 to 24a of the Federal Supply Act. Non-official table of contents

§ 3 Financial assistance

(1) Beneficiaries under § 1 (1) sentence 1 receive a monthly pension and a monthly pension as financial aid. One-off payment.(2) The monthly pension is equal to a degree of damage due to the hepatitis C virus infection
of 30 272 euros,
of 40 434 euros,
of 50 598 euros,
of 60 815 euros,
of 70 and more 1,088 euros.(3) The one-off payment as referred to in paragraph 1 is equal to a degree of damage due to hepatitis C virus infection
of 10 and 20 3 579 euro,
of 30 6 136 euros,
of 40 7 669 euros,
of 50 10 226 euros,
of 60 and more than EUR 15 339.
The amount of the amount of the one-off payment is determined by the degree of damage consequences at the time of the first approval of the services referred to in paragraph 1. If an application is required in accordance with § 7, the one-off payment will only be granted if it is up to the 31. The Commission has requested the Commission's request.(4) The degree of the consequences of the damage is determined in accordance with § 30 (1) and § 31 (2) of the Federal Supply Act. The conditions for the granting of the financial assistance referred to in paragraph 1 shall be established independently of any other recognition of the extent of the consequences of the damage. If proceedings under the Federal Disease Act are pending in connection with the Federal Supply Act in the application, opposition or legal proceedings, then the present law shall be deemed to have been concluded in a legally binding manner. Non-official table of contents

§ 4 Help for survivors

(1) A person entitled to death in accordance with section 1 (1) (1) dies of the consequences of a death at the time of death. successfully recognised hepatitis C virus infection, the surviving spouse will receive a monthly financial assistance of 434 euros, half-orphans of 327 euros and full orphans of 544 euros.(2) The assistance referred to in paragraph 1 shall be granted to the spouse for the 60 months following the month of the death.3. orphans shall receive the financial assistance referred to in paragraph 1 from the month following the month following the death of the orphan until the completion of the 18. In addition, only for the duration of a school or vocational training which mainly takes up the work force and does not involve the payment of remuneration, remuneration or other benefits at the appropriate level. is, however, up to the completion of the 27. Life Year. As orphans also apply
stepchildren who with the deceased authorized at the time of death in have lived or have been substantially entertained by the home community and
foster children within the meaning of § 2 para. 1 no. 2 of the Federal Children's Money Act.
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§ 5 Aid for residence abroad, hardship compensation

§ § 64, 64a (1) and (3) Sentence 1, § § 64d and 64f and 89 of the Federal Supply Act shall be applied accordingly, with the proviso that the approval of the competent top-level authority shall be replaced by the approval of the Federal Ministry of Labour and Social Affairs. Non-official table of contents

§ 6 Meeting with other claims, transferability

(1) One-off payments pursuant to Section 3 (3) remain as income and Assets are not taken into account when social benefits are subject to the grant or the level of other income. Monthly pensions in accordance with § 3 (2) are taken into account as income if the granting or the amount of social benefits depends on other income.(2) Irrespective of this, one-off payment and monthly pension are not taken into account in other statutory investigations of income and assets.(3) Claims in respect of aid under this law cannot be transferred, pledged or paved. Non-official table of contents

§ 7 Start, change and payment of the help

(1) The aid in accordance with § § 3 and 4 shall be granted on request. Pension benefits pursuant to § 3 (2) and the aid pursuant to § 4 shall begin with the month in which the conditions applicable to them are fulfilled, but at the earliest with the month of application for pensions pursuant to § 3 para. 2 and at the earliest with the following month following the month of death. Month in the case of aid pursuant to § 4. Where aid within the meaning of the second sentence is requested within one year from the date of delivery of this law, the granting of benefits shall commence at the earliest with its entry into force.(2) § 62 (2) and § 66 of the Federal Supply Act shall apply accordingly.(3) By way of derogation from the first sentence of paragraph 1, the aid pursuant to § § 3 and 4 shall be decided on the basis of its own motion if there is already a recognition pursuant to the Federal Disease Act or is requested, which is based on a case of § 1. Non-official table of contents

§ 8 Customization

(1) The aid in accordance with § 3 (2) and § 4 (4) changes according to the percentage and in each case to the same The date on which the pensions of the statutory pension insurance are adjusted. In this case, the resulting amounts up to EUR 0.49 are to be rounded down to full euro from EUR 0.50 upwards. The change amounts are made known by the Federal Ministry of Health in the Federal Gazette.(2) By way of derogation from paragraph 1, the aid in accordance with Section 3 (2) and (4) shall become 1. July 2000 adjusted according to the percentage of pensions of the statutory pension insurance scheme. Non-official table of contents

§ 9 Transition of statutory claims for damages

(1) § 81a of the Federal Supply Act shall apply with the proviso that the Legal claims for damages against third parties are transferred to the respective country responsible for the implementation of this law in accordance with Section 11 (1).(2) The amounts recovered shall lead the country to the federal government and to the countries referred to in Article 10 (3) in the ratio in which they have participated in the cost burden. Non-official table of contents

§ 10 Cost-bearer

(1) The cost of the one-off payment is borne by the federal government.(2) The other costs incurred by benefits under this Law shall be borne by the country in which the site belongs to the place where the anti-D-immune prophylaxis has been carried out.(3) The countries referred to in paragraph 2 shall be entitled to benefits pursuant to section 3 (2) in conjunction with paragraph 1, § 4 and 13 (1) of the Confederation 50 of the hundred and of the Länder of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein 12.4 are reimbursed by the hundred of the costs incurred. The share ratio of the countries subject to the refund shall be determined by two thirds by the ratio of their tax revenue and by a third by the ratio of their population. Non-official table of contents

§ 11 Jurisdiction, procedure

(1) The granting of benefits under this Act is the responsibility of the Federal law enforcement authorities of the country, to whose present area the place belongs, where the anti-D-immune prophylaxis was carried out. The local authority of the authorities is determined in accordance with the national regulations applicable to the enforcement of the Infection Protection Act.(2) The Law on the Administrative Procedure of the War Sacrifice Supply, with the exception of § § 3 and 4, the First and Tenth Book of the Social Code, as well as the provisions of the Social Court Act on the preliminary procedure are to be applied. Non-official table of contents

§ 12 Legal Path

For public-law disputes in matters of this law, the legal path to the Courts of social justice. To the extent that the Social Courts Act contains special provisions for the provision of war victims, these shall also apply to the disputes as set out in the first sentence. Non-official table of contents

§ 13 Transitional rules

(1) As long as the aid in accordance with § 3 (2) and § 4 does not amount to the level of the entry into force of this Law under the Federal Disease Act, the respective difference amount will be further paid as the "acquis".(2) As far as claims for aid are provided under this Act, Annex I, Chapter X, Section III, Section III, point 3 (c), of the agreement shall no longer apply. Claims determined by the Federal Disease Act shall be extinguisher as long as they are based on a crime of § 1 of this Act. The payments made until the entry into force of this Act shall be made under the Federal Disease Act, insofar as they are based on a Tatar of the § 1, but continue to be granted until such time as claims pursuant to § 3 (2) in conjunction with Section 1 and § 4 , they are to be applied to payments pursuant to section 3 (2) in conjunction with paragraph 1 and section 4 for the same period. This applies in accordance with the treatment and medical treatment granted to date. unofficial table of contents

§ § 14 and 15 (omitted)

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§ 16 Entry into force

This law occurs with effect from the 1. January 2000.