Regulation on the use of forms in the field of advisory assistance (Consultative Aid Form Regulation-BerHFV)

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BerHFV

Date of completion: 02.01.2014

Full quote:

" Consultative Aid Form Regulation of 2 January 2014 (BGBl. I p. 2) "

Footnote

(+ + + Text evidence from: 9.1.2014 + + +) 

  

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Input formula

On the basis of § 11 of the Advisory Assistance Act of 18 June 1980 (BGBl. 689), as last amended by Article 2 (9) of the Law of 31 August 2013 (BGBl). 3533), in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl). I p. 3165) and the Organizational Decree of 17 December 2013 (BGBl. 4310), the Federal Ministry of Justice and Consumer Protection decrees: Unofficial table of contents

§ 1 Forms

In the area of advisory assistance, use shall be made of:

1.

from the right-seeking person for the application for advice, the form specified in Appendix 1, with a notification sheet, if the requesting person is a natural person and does not make the application orally,

2.

by the adviser in respect of his application for payment of remuneration, the form specified in Annex 2.

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Section 2 Simplified application

A right-seeker who, according to the Twelfth Book of the Social Code, relates to living benefits, does not have to fill in Sections C to G of the form in accordance with Section 1 (1), subject to any other order of the Local Court, if the declaration is accompanied by the declaration of consent of the Social Office which is valid at the time the application is submitted. Unofficial table of contents

§ 3 Permissible Deviations

(1) By way of derogation from the forms in addition to the information sheet specified in Annexes 1 and 2, amendments or amendments which are based on a change of legislation shall be permitted, in particular the consideration of changes in the Amounts for the smaller amounts of cash (box F of the information sheet on the form specified in Appendix 1). (2) Countries may authorise changes or adaptations to the forms specified in Annexes 1 and 2 which, without the need for Change the content or make it more difficult to understand, make it possible to use the form in electronic form and to transmit it as a structured data record to the court. This power can be transferred to a central body through administrative agreements. Unofficial table of contents

§ 4 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. At the same time, the Advisory Assistance Pressure Ordinance of 17 December 1994 (BGBl. 3839), as last amended by Article 15 of the Law of 30 July 2004 (BGBl I). I p. 2014) has been amended. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Appendix 1

(Fundstelle: BGBl. I 2014, 3-9)
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Information sheet on the application for advice

General considerations

What advice?

Low-income citizens can obtain advice to obtain legal advice and, where necessary, to be represented. Advisory assistance can be provided in all areas of law. For more information, please contact the courts and lawyers as well as the other advisors.

Who receives advisory assistance, what are the conditions for this?

Guidance is given to who, according to his/her personal and economic circumstances, cannot apply the funds required for a consultation or representation. These are usually persons who are in progress to make a living according to the Twelfth Book of Social Law ("Sozialhilfe") . However, the conditions for this can also be met for other people with low incomes. For further information please contact: the local courts and the advisors.

In addition, you may not be given any other opportunity to provide free advice and/or representation in the matter referred to by you (such as: B. as a rule as a member of a union, a tenants ' club or if you have a legal protection insurance completed). In the same matter, you may not have already been granted advice or have been denied by the court. If the matter is the same, you may need to in individual cases.

Since the advisory assistance for the exercise of rights is granted outside a judicial procedure, no judicial proceedings may be pending in the same matter. This includes: B. also a dispute settlement procedure before a quality body which must be carried out in some countries before the imposition of a lawsuit (mandatory quality procedure pursuant to Section 15a of the Act concerning the introduction of the Code of Civil Procedure). Those who wish to be represented in a judicial process can receive legal costs or legal aid.

Furthermore, the intended use of the advisory assistance must not be wilful. It is then not willingly if you would not see advice if you had to bear the costs yourself.

A request which can be made verbally or in writing is required. For a written application the following form is to be used. You may submit the application to the Local Court or you can directly consult one of the advisors of your choice mentioned below with the request for advice. In these cases, the application has to be received by the local court within 4 weeks of the start of the consultation, otherwise the application for advice will be rejected.

If the conditions for providing advice are met, the local court, if it does not carry out the advice itself, will issue you with an authorization certificate for advice from an adviser of your choice. A decision of the local court, which rejects your request, is the non-temporary remedy of the memory. This means that you can explain to the court in writing why you do not agree with the decision.

Who grants advice?

Advisory assistance is provided on the one hand by advisors (lawyers and legal counsel admitted to chambers of law, tax advisors and auditors in tax matters, as well as in pension matters). Pension adviser). Special legal advice centres, which have been set up under an agreement with the Land Justice Administrations, also provide advisory assistance. They are all-except in exceptional exceptional cases-committed to providing advice.

The local court also provides direct counseling assistance. It provides immediate information to the extent that your request can be met by this. The Local Court also points to other means of assistance. In addition, it accepts your request for advice or your explanation and, if necessary, An authorization certificate.

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What does the advisory support cost me?

If the advisory assistance is not already granted by the local court itself, but by an adviser, you will have to pay 15 euros to the counselor. The adviser may also waive this fee. All other costs of the advisory assistance are usually borne by the Landeskasse.

Additional fees may be paid to you if the local court rejects your request for advice after consultation has already been carried out, or if the approval of advisory assistance is cancelled again. In these cases, you will have to bear the costs of the advisory assistance. For further information, please contact: the local courts and the advisors.

Additional costs can also be paid to you if you have gained something as a result of the advice provided by consulting assistance. The adviser may then submit the request that the advisory assistance will be lifted and will require you to charge the fees previously agreed with you for this case. You must, however, be informed in writing by the adviser in the course of taking over the mandate.

What should be taken into consideration when submitting applications?

Please read the application form carefully and fill it in conscientiously. You will find information on the next page which will help you to answer the questions. If you have difficulty filling in, the local court or your adviser will assist you.

If the room is not sufficient in the application form, you can provide information on a separate sheet. Please refer to the attached sheet in the field in question.

Since the funds for advisory assistance are provided by the general public through taxes, the court must check whether you are entitled to it. The form is intended to facilitate this examination. Therefore, please understand that you have to explain your personal and economic circumstances.

Important:

Please attach all necessary documents (in particular about your income, your assets and your burdens) in copy. You are saving yourself back questions that delay the procedure. Answer truthfully and completely, otherwise already approved advice can be rescinded and you will have to repay the costs incurred.

The court can also ask you to give up missing documents and to insure your information on oath instead. If you do not submit any evidence you have requested, this may result in your request being rejected for approval of a consultation. In the event of deliberately incorrect or incomplete information, criminal prosecution will also be in danger of you.

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Filling Notes

A

Please indicate what has happened and why you would like to be advised. To do so, briefly present the facts and indicate the name and address of your opponent, if any.

B

Legal expenses insurance: If you have a legal protection insurance, please clarify with your insurance beforehand whether this will come up for the costs. Advice can only be granted if it has been clarified in advance (please include the letter of the legal protection insurance company if necessary). ).

Other possibility of advising/representation: organisations such as tenants ' associations or trade unions generally offer free advice and representation for their members. Then you usually do not have the right to advice. If you do not consider this possibility to be sufficient, please justify this on a separate sheet.

Previous approval of advisory assistance: If you have already been granted advice on the same matter at an earlier date, your application must be rejected. If, in the case of an already approved counseling aid, there could be doubts as to whether the matter was the same, please indicate on a separate sheet the date of the then authorization, the name and address of the Adviser and name the reasons why you are asking for advice again.

Legal proceedings pending: Consultative aid may be granted only if no judicial procedure has been or is being conducted in the same matter. You must also express this explicitly. If there is any doubt about a pending or conducted court case, please indicate on a separate sheet the competent court and the file number there, and briefly name the reasons why it is not the same matter.

C

As a gross income, please indicate here all your income in money or money value, in particular

•

Wages, salaries (including Christmas money and holiday money), unemployment benefits, income from self-employment, pensions,

•

Income from leasing or leasing, income from capital assets,

•

maintenance benefits,

•

Child benefit, housing allowance, training promotion.

The net income shall be the amount available after all the necessary benefits have been deducted, in particular:

•

the taxes to be paid on income,

•

Compulsory social security contributions (pension, sickness, nursing, unemployment insurance),

•

Contributions to other insurance companies, such as a so-called Riester pension scheme (please explain on a separate sheet),

•

Acquisition costs (necessary expenses for the acquisition of security and receipt of income, for example, professional clothing, trade union contribution, costs of driving to work).

As a general rule, the last month shall be determined before the application; however, in the case of income from self-employment as well as in the case of irregularly occurring income, one twelfth of the estimated annual income shall be indicated. The income of the spouse or registered partner, or the spouse or registered life partner shall be indicated because he or she may, under certain circumstances, pay for the costs of the use of an adviser in important and urgent matters as a dependant.

Please include receipts for all information, such as salary or salary statements, a letter of approval in accordance with the Second Book of Social Code with calculation sheet, or if you are self-employed, please make the last tax notice.

D

The costs for your accommodation will be taken into account if they are not in a conspicuous disproportion to your living conditions. For the monthly cost of living, please give the rent for rent in addition to heating and additional costs (these are the operating costs converted to the tenants). Electricity costs (as far as heating costs are not concerned) and costs for telephone are not included

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the cost of living. In the case of residential property, please specify the interest and redemption rates on loans/mortgages/basic debt as well as heating and operating costs.

E

It is in your interest to indicate which people you are maintaining and whether they have their own income. Because the maintenance is taken into account when you are required to do so by law. If you do not grant the maintenance exclusively by payment (for example, because a child is not only receiving payments from you, but is fully or partially resident and provided with you), please leave this column free. A legally established maintenance allowance is then set for each family member.

F

First, please provide all bank accounts that you, your spouse/registered partner or your partner Your spouse/registered life partner shall be either alone or jointly. This information is also required in the absence of credit, since the account balances may be can be included in other assets. Advisory assistance may also be granted if there are assets, but these are used to secure an adequate livelihood or adequate provision of care. Such assets are, for example,

•

a self-used, adequate household property (family home),

•

an appropriate motor vehicle which is used by you or the family, provided that the motor vehicle is required for the purposes of vocational training or for the exercise of the profession,

•

Smaller amounts of cash or money (amounts up to a total of 2600 euros for you personally plus 256 euros for each person you provide maintenance are usually to be considered as such a smaller amount),

•

Household and clothing as well as items required for vocational training or for professional practice (you only have to indicate if they go beyond the usual or are valuable),

•

the amount of a so-called Riester retirement pension.

Should the use or utilization of any other property mean a hardship for you and your family, please explain this on a separate sheet.

G

Payment obligations and other special charges may be taken into account in so far as this is appropriate. In particular, payment obligations shall be subject to credit, provided that they are effectively eraded. Other special charges may, for example, be additional medical treatment costs, expenses for extracurricular learning, BAföG loan rates or additional expenses for a disabled family member. Also, a maintenance burden on the spouse or registered partner or registered partner the spouse or registered life partner from his/her own of their former marriage or registered civil partnership may be indicated here. Please enclose both for the claimed payment obligation or other charges as well as for the payments you are making and the residual debt receipts at (e.g. B. Copy of the credit agreement, copies of the account statements or statements. Ä.).
If you receive benefits according to the Second or Twelfth Book of Social Code and are in a special situation of life, the additional requirements recognized by you in accordance with § 21 SGB II or § 30 SGB XII are also to be considered as a special burden . Examples include:

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Determination of the German mark G and reaching the age limit/full employment reduction

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Expectant mothers after the 12. Pregnancy Week

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Single parent families living together with one or more minor children

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Disabled persons, to whom certain benefits are in accordance with. SGB XII will be awarded

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People who require a cost-intensive diet for medical reasons

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Decentral hot water supply

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Unremittingly running extra effort.

Please refer to the recognised additional needs due to your special situation. . Information on payments for this purpose is not required in these cases.

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Appendix 2

(Fundstelle: BGBl. I 2014, 10)
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