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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here:

Act on assistance for people infected by anti-D immunoprophylaxis with hepatitis C virus (anti-D Assistance Act AntiDHG) AntiDHG Ausfertigung date: 02.08.2000 full quotation: "D Assistance Act of 2 August 2000 (BGBl. I p. 1270), most recently by article 3 of the law of December 13, 2007 (BGBl. I S. 2904) is changed" stand: last amended by art. 3 G v. 13.12.2007 I 2904 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1 1.2000 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: section 1 eligibility for assistance (1) women, in the area referred to in article 3 of the Unification Treaty as a result of an anti-D immune prophylaxis conducted in the years 1978 and 1979 with the batches of the district Institute for blood donation and transfusion being the district Hall Nos 080578, 090578, 100678, 110678, 120778, 130778, 140778, 150878 , 160978, 171078, 181078, 191078, 201178, 211178 and 221278 with the hepatitis C virus were infected, as well as contact persons were infected by them most likely with the hepatitis C virus, get treatment and providing financial assistance for humanitarian and social reasons. Financial help is also the survivors of eligible pursuant to sentence 1.
(2) contact persons within the meaning of paragraph 1 sentence 1 are 1 since immune prophylaxis of the record have been living in same household 1 ' women ' children born, 2 step -, adoptive and foster children and other children, spouses and life partners, not only temporarily with the women referred to in sentence 1 or living.

Authorized according to § 1 para 1 sentence 1 for section 2 healing and medical treatment the health consequences caused by the hepatitis C virus infection treatment and treatment in appropriate application of §§ 10 and 24a of the Bundesversorgungsgesetzes.

§ 3 legitimate financial aid (1) preserved according to section 1, paragraph 1, sentence 1 as financial aid monthly pension and a one-off payment.
(2) the monthly pension is at a level of the consequences of damage as a result of hepatitis C virus infection 30 272 euros, 40 434 euro, 50 598 euros, of 60 815 euros, 1,088 Euro 70 and more.
(3) the one-off payment for a degree of injury consequences as a result of hepatitis C virus infection of 10 and 20 3 579 euros, 6-€136 30, 40 7 669 euros, 50 10 226 EUR, EUR 60 and more 15 339 is referred to in paragraph 1.
The degree of damage consequences at the time of the initial granting of services referred to in paragraph 1 is decisive for the amount of the payment. An application is required, pursuant to § 7 payment will only be granted if it was requested by December 31, 2000.
(4) the degree of the injury consequences shall be determined according to article 30, paragraph 1 and article 31, par. 2 of the Bundesversorgungsgesetzes. The conditions for granting the financial assistance referred to in paragraph 1 be determined regardless of other recognitions over the extent of the injury consequences. Procedures in the framework of the Federal disease control act in conjunction with the federal application, opposition, or proceedings are pending, whose final conclusion applies to the present law.

Section 4 aid for survivors (1) dies under § 1 para 1 sentence 1 of legitimate consequence of a hepatitis C virus infection recognized at the time of death final, receive the surviving spouse a monthly financial assistance in the amount of 434 euro, orphans of 327 euros and orphans from 544 euro.
(2) assistance shall be granted to the spouse for the 60 months to the month of death referred to in paragraph 1.
(3) orphans receive financial aid under paragraph 1 from the death month following month up to the age of 18, only for the duration of a school or vocational training, which takes the labour force mostly in claim and is not related to the payment of emoluments, remuneration or other benefits in the appropriate amount, maximum up to completion of the 27th year of life. Orphans are also 1. stepchildren who have lived with the deceased person entitled at the time of the death in the same household or are have been entertained by him, as well as 2 foster children in the sense of § 2 para 1 No. 2 of the federal child benefit Act.

§ 5 help abroad, hardship compensation the §§ 64, 64a para 1 and para 3 sentence 1, § 64 d and 64f and 89 of the Bundesversorgungsgesetzes shall be applied accordingly with the proviso that the authority the approval of the Federal Ministry of labour and Social Affairs is the approval of the Supreme Land authorities.

§ 6 (1) lump sum payments according to § 3 para 3 shall be disregarded as income and assets, meeting together with other claims, transferability if in benefits the granting or the amount depends on other income. Monthly pensions will be pursuant to section 3 para 2 as income taken into account if in benefits the granting or the amount depends on other income.
(2) regardless of payment and monthly pension are excluded from other legal investigations by income and wealth.
(3) claims can aid under this Act are not transferred, pledged or attached.

§ 7 commencement, change and payment of assistance (1) the aid pursuant to §§ 3 and 4 are on request granted. Pension benefits begin after § 3 par. 2 and AIDS according to § 4 with the month in which the requirements are met, but no earlier than with the month of application for pensions according to § 3 para 2, and at the earliest with the death month following month in aid pursuant to section 4. Be aid within the meaning of the sentence is applied 2 within one year after the promulgation of the law for the benefit begins with its entry into force.
(2) the Bundesversorgungsgesetzes shall apply article 62 par. 2 and § 66.
(3) by way of derogation from paragraph 1 sentence 1 is based officio decided if already a recognition after the federal health law exists or is applied for, on an offence of section 1 about the aid according to the articles 3 and 4.

§ 8 adjustment (1) that helps change according to § 3 par. 2 and § 4 to the pensions of the statutory pension insurance be adapted according to the percentage and at the same time, the. While the resulting amounts are up 0.49 euros down, off 0.50 euro to round up to full euro. The change amounts will be announced by the Federal Ministry of health in the Federal Gazette.
(2) by way of derogation from paragraph 1 the aid adjusted according to § 3 par. 2 and § 4 to July 1, 2000, according to the percentage to change the pensions of the statutory pension insurance.

Section 9 transitional of statutory damage claims (1), section 81a of the Bundesversorgungsgesetzes shall apply with the proviso that existing against third party legal claim for damages on that according to article 11, paragraph 1 for the implementation of this law passes appropriate country.
(2) the land to the Federal Government and the countries referred to in article 10 par. 3 compared leads the collected amounts in which they took part in the burden of the cost.

§ 10 cost object (1) bear the cost of the one-off payment of Federal.
(2) the country belongs to the today's territory the place on which the anti-D immune prophylaxis was carried bears each other costs due to performances under this Act.
(3) 12.4 per cent of the costs incurred will be reimbursed for services pursuant to section 3 para 2 in conjunction with section 1, sections 4 and 13 par. 1 of the Federal of 50 per cent and by the States of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein the countries referred to in paragraph 2. The share ratio among the countries obliged to refund determines two-thirds according to the ratio of their tax revenue and one third in the proportion of their population.

§ 11 competence, procedure (1) the grant of benefits under this Act lies the for the implementation of the Bundesversorgungsgesetzes, the today's territory the place belongs to competent authorities of the country, where the anti-D immune prophylaxis was performed. The territorial jurisdiction of the authorities is determined according to the national rules applicable to the enforcement of the infection Protection Act.
(2) the law on the administrative procedures of the Kriegsopferversorgung with the exception of articles 3 and 4, the first and tenth book social law and the law of the social Court the preliminary proceedings are to apply.

§ 12 legal recourse for public disputes in matters of the law legal recourse to the courts of the social courts is given. As far as the social Court Act contains special provisions for the Kriegsopferversorgung, these apply also to the disputes pursuant to sentence 1.

Article 13 transitional provisions (1) as long as the aid reach not the level of benefits paid at the entry into force of this Act after the federal health law according to § 3 par. 2 and § 4, the respective difference as acquis will be paid.

(2) as far as claims for assistance under this Act, annex I is chapter X section D section III, point no longer apply 3(c) of the Unification Treaty. According to the Federal law on epizootic identified expire, provided they are based on an offence of section 1 of this Act. The payments made up to the entry into force of this Act are to the Federal law on epizootic, as far as they are based on an offence of in article 1, granted but continues until about claims it was decided pursuant to section 3 para 2 in conjunction with § 1 and § 4; they are to offset against payments pursuant to section 3 para 2 in conjunction with § 1 and § 4 for the same period. This applies accordingly to previously granted medical and hospital treatment.

sections 14 and 15 (lapsed) - section 16 this Act into force shall with effect from January 1, 2000.