Regulation On The Use Of Forms In The Area Of Advice And Assistance

Original Language Title: Verordnung zur Verwendung von Formularen im Bereich der Beratungshilfe

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Regulation on the use of forms in the counseling assistance area (Counseling Form Regulation-BerHFV)

Non-official table of contents

BerHFV

Date of expend: 02.01.2014

Full quote:

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

footnote

(+ + + text evidence from: 9.1.2014 + + +)

unofficial table of contents

initial formula

11 of the Advisory Assistance Act of 18. June 1980 (BGBl. 689), as last amended by Article 2 (9) of the Law of 31 December 1991. August 2013 (BGBl. 3533), in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16. August 2002 (BGBl. 3165) and the organisational decree of 17. December 2013 (BGBl. 4310), the Federal Ministry of Justice and Consumer Protection is responsible for: Non-official table of contents

§ 1 forms

Guidance is to be used:
1.
from the right-seeker for the application to provide advice, the form specified in Appendix 1, with a notification sheet, if the The applicant is a natural person and does not make the application orally,
2.
from the adviser for her application for payment of a remuneration, as set out in Annex 2 specific form.
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§ 2 Simplified application

A legal seeker who, according to the Twelfth Book of Social Law , sections C to G of the form referred to in § 1 (1) shall not be required to fill in the form provided for in Article 1 (1), subject to any other arrangement of the local court, if the declaration is valid at the time of application. Approval of the Social Office. Unofficial Table Of Contents

§ 3 Permitted Deviations

(1) In deviation from the forms and the information sheet, which is determined in Appendixes 1 and 2. , amendments or amendments are admissible which are based on a change of legislation, in particular the taking into account of changes in the amounts for the smaller amounts of cash (box F of the filling notes of the information sheet in annex 1 certain form). (2) Countries may allow changes or adaptations to the forms specified in Annexes 1 and 2 which, without changing the content or making it difficult to understand, enable the form to be included in 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

This regulation will enter into force on the day after the announcement. 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 June 2003. July 2004 (BGBl. I p. 2014) has been amended. Non-official table of contents

Final formula

The Bundesrat has agreed. unofficial table of contents

asset 1

(site: BGBl. I 2014, 3-9)
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Notification sheet to apply for advice

General notes

What advice?

Low-income citizens can Advisory assistance is provided in order to have legal advice and, if necessary, 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 advice, what are the conditions for this?

Consultative assistance is given, who after his or her personal and economic circumstances cannot apply the resources required for advice or representation. These are usually persons who are in progress to make a living according to the Twelfth Book of Social Law ("Social Assistance") . 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.

You may also have no other option for free advice and/or representation in the matter you have referred to (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, it may need to be be assessed on a case-by-case basis.

Since the advisory assistance for the exercise of rights is granted outside of a judicial procedure, no matter in the same matter may not be granted. Court proceedings are pending. This includes, for example, (b) a dispute settlement procedure before a quality body which has to be carried out in some countries before the imposition of a complaint (mandatory quality procedure pursuant to Section 15a of the Act concerning the introduction of the Code of Civil Procedure). If you want to be represented in a court case, you can get process costs or legal aid.

Furthermore, the intended use of the advisory assistance must not be wilful. It is not reasonable if you do not want to see advice if you have to bear the costs yourself.

Required is an application that can be submitted orally or in writing. 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 advisory assistance will be rejected.

The conditions for the provision of advisory assistance shall be submitted by the local court, provided that it does not carry out the advice itself, provide 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 in writing to the court why you do not agree with the decision.

Who provides counseling assistance?

The counseling assistance is granted to the counselors (lawyers and lawyers). Lawyers as well as legal counsel admitted to chambers of law, tax advisors and auditors in tax matters; pension advisors in pension matters too). 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 district court also provides direct advice. 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 service cost me?

If the counseling 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 generally bear the Landeskasse.

Further fees can be sent to you if the local court rejects your request for advice, after a consultation has already been made, or the Approval of advisory assistance will be repealed. 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.

Further costs can also be paid to you if you have gained something as a result of the advice provided by the counseling 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 when taking over the mandate.

What should be taken into account when submitting your application?

Please read the application form carefully and fill it in with the application form. 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 counselor will assist you.

If the room in the application form is not sufficient, 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 applied 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 need to set out your personal and economic circumstances.

Important:

Please include all necessary receipts (especially on your income, your assets and your assets). Loads) in copy. You are saving yourself back questions that delay the procedure. Answer truthfully and completely, otherwise approved advice can be rescinded and you have to repay the costs incurred.

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

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A
Please specify what has happened and why you want to be advised. To do so, briefly present the facts and indicate the name and address of your opponent.
B
Legal expenses insurance: If you have a If you have legal expenses insurance, please check with your insurance company 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). in).

Other means of advising/representing: 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 option to be sufficient, please justify this on a separate sheet.

Previous approval of advisory assistance: If you have already received advice on the same matter at an earlier point in time, please contact: , 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 Consult and name the reasons why you are seeking advice again.

Judicial procedure: Consultative assistance can only be granted if there is no legal proceedings in the same matter has been or will be. 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 thing.
C
As gross income, please provide all your income in money or money value here, in particular
wages, salary (including Christmas money and holiday money), unemployment benefit, income from self-employment, Pensions,
Revenue from lease or lease, capital income,
Maintenance Services,
Child Money, Housing Money, Training Promotion.
As a net income, the amount is available after all the necessary benefits have been deducted, especially
the taxes to be paid for income,
Compulsory social security contributions (pensions, health care, nursing, unemployment insurance),
Contributions to other insurance companies, such as a so-called Riester retirement pension (please explain on a separate sheet),
Advertising costs (necessary expenses for the acquisition of saving and receipt of income, for example, professional clothing, trade union contribution, costs for the journey to the Work)
As a rule, the measure is the last month before the application; in the case of income from self-employment as well as in the case of irregularly occurring However, income shall be given in one twelfth of the expected annual income. The income of the spouse or registered partner or registered partner. the spouse or registered life partner shall be indicated because he or she may, under certain circumstances, be a dependant in important and urgent matters for the Costs of using a consultant must arise.

Please add receipts for all information, such as salary or salary statements, a letter of approval in accordance with the Second Book of the Social Code with the calculation sheet, or if you are self-employed, please take the final tax notice.
D
The cost of your accommodation will be taken into account unless you notice in a conspicuous Relationship 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). Power costs (not related to heating costs) and telephone costs do not belong to


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the housing cost. In the case of residential property, please provide interest rates and redemption rates on loans/mortgages/basic debt as well as heating and operating costs.
E
It is in your interest 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 solely 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 have, your Spouse/registered partner or partner Your spouse/registered partner in each case alone or in common. 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, for example, are
a self-used, adequate home plot (family home),
an appropriate motor vehicle used by you or the family, if this is required for vocational training or for the exercise of a profession
smaller amounts of cash or money (amounts up to a total of 2600 euros for you personally plus 256 euros for each person who you grant are available in the A rule to be considered as such a smaller amount),
Houseboard and clothing, as well as items required for vocational training or professional practice (these you only need to specify if they go beyond the usual or are valuable),
the saved amount of a so-called Riester-retirement provision.
Should the use or utilization of any other property mean a hardship for you and your family, please explain This should be done on a separate sheet.
G
Payment obligations and other special charges may be taken into account where 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 asserted 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.
If you receive benefits in accordance with the Second or Twelfth Book of Social Code and are in a particular situation of life, the additional requirements recognized by you in accordance with § 21 SGB II or § 30 SGB XII will also be considered as special Load taken into account. Examples of this are:
-
Determination of the G and reaching the age limit/full Inactivity Reduction
-
pregnant mothers after 12 years of age. Pregnancy Week
-
Single-parent families who live together with one or more minor children
-
Persons with disabilities who have certain benefits in accordance with the following conditions: SGB XII will be granted
-
People who need medical reasons for a cost-intensive diet
-
Decentral Warm Water Supply
-
Undivisible running overtime.
Wise the recognized additional needs due to your particular life situation, if necessary . Payments for this are not required in these cases.


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unofficial table of contents

asset 2

(site: BGBl. I 2014, 10)
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