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Regulation on the use of forms in the area of advice and assistance (advice help form regulation - BerHFV) BerHFV Ausfertigung date: 02.01.2014 full quotation: "consulting help form regulation from January 2, 2014 (BGBl. I S. 2)" footnote (+++ text detection from: 9.1.2014 +++) input formula on the basis of § 11 of the legal aid Act of 18 June 1980 (BGBl. I p. 689), most recently by article 2 number 9 of the Act of August 31, 2013 (BGBl. I S. 3533) is has been modified , in conjunction with article 1(2) of the jurisdiction adjustment Act of 16 August 2002 (BGBl. I p. 3165) and the Organization Decree of 17 December 2013 (BGBl. I S. 4310) ordered the Ministry of Justice and consumer protection: § 1 are to use Forms In the area of advice and assistance: 1 by the party for the application for provision of advice and assistance the form specified in annex 1 with instruction sheet , if the applicant is a natural person and verbally submits the application, 2. the consulting person for their application on payment of a fee that in Appendix 2 certain form.
§ 2 a simplified application Rechtsuchender receiving ongoing services to the living after the twelfth book of the social code, must the sections C until G of the form according to § 1 No. 1 subject to a cross arrangement of the District Court not fill, if he adds the applicable at the time of the submission of the granting of the Sozialamts of the Declaration.
§ 3 permissible deviations (1) in deviation from the forms in addition to notes that are in appendices 1 and 2, are additions or changes allowed, based on a change of legislation, in particular the consideration of changes of the amounts for the smaller amounts (field F of the fill-in notes of the note sheet to the form given in Appendix 1).
(2) the countries must allow changes or adjustments of the forms given in appendices 1 and 2, allowing without to change the contents or to complicate his understanding, to fill in the form electronically and transmit the processed Court as a structured set of data. This power can be transferred to a central point through management agreements.
Article 4 entry into force, expiry this regulation enter into force on the day after the announcement. At the same time the consulting help form regulation of 17 December 1994 (BGBl. I S. 3839), most recently by article 15 of the Act of 30 July 2004 (BGBl. I S. 2014) is been changed other than force.
Concluding formula the Federal Council has approved.
Appendix 1 (site: Federal Law Gazette I, 2014, 3-9) PDF document is PDF document is displayed in its own window PDF document is displayed in its own window on the request for advice and assistance General information what note sheet displayed in its own window advice and assistance?
Citizens with low incomes can get advice and assistance to legally advise and, if necessary, to be represented. Advice and assistance can be granted on all areas of the law. Learn more at the courts and lawyers/attorneys, as well as the advice of others.
Who receives advice and assistance, what are the prerequisites?
Advice and assistance is given, who can not muster the funds needed for a consultation or representation its personal and economic circumstances. These are usually people who receive ongoing benefits to the living after the twelfth book of social law ('social assistance'). But the conditions also for other persons with low incomes may be. For more information if necessary, the courts and the advice people.
It must be you also no alternative to the free advice and/or representation in the matter you mentioned available (such as such as usually as a member of a Trade Union, a tenant Association or if you have completed a legal expenses insurance). It must have been in same matter not already grants you legal assistance or denied by the Court. Whether it is same issue must be assessed if necessary in individual cases.
As the legal assistance for the exercise of rights outside of legal proceedings is granted, no legal proceedings may be pending in same issue. This includes for example a dispute settlement procedures before a quality station, which must be carried in some countries before bringing an action (mandatory conciliation proceedings pursuant to section 15a of the Act relating to the introduction of the civil procedure code). Who want to be represented in judicial proceedings, can get litigation costs and legal aid.
Furthermore, the intended use of the advice and assistance may be not malicious. It is then not be malicious if you would not see off of advice, when you would have to bear the costs themselves.
A request may be provided orally or in writing is required. For a written application, the attached form is to use. You may submit the application at the local court or you can visit one of the below advice your choice with a request for legal assistance immediately. In these cases the request within 4 weeks after the start of the consultation at the District Court must go, otherwise the application for legal aid is rejected.
The criteria for the granting of legal assistance exist, the District Court, provided that it does not even advice, a permission slip for advice and assistance by a consulting person of your choice offers out. Against a decision of the District Court, your request will be rejected by the, not temporary appeal of remembrance is permitted. This means that in writing may demonstrate the Court, why you are not satisfied with the decision.
Who provides advice and assistance?
The advice and assistance grant to the advice people (lawyers and lawyers and legal aid attorneys registered in chambers, in tax matters also tax consultants and accountants; in pension matters even pension consultants). Special legal advice centres that have been established on the basis of an agreement with the land justice administrative authorities also provide advice and assistance. You all are - except in very exceptional cases - to the advice and assistance required.
Also, the District Court granted advice and assistance directly. It granted an immediate information as far as their requests can be accommodated. The District Court also indicates other ways of help. In addition, it accepts your request for legal assistance or your statement and may issue a permission slip.
4 what cost me the advice and assistance?
The advice and assistance provided already by the District Court itself, but by a consulting person, so you have the consulting person to pay 15 euro. Also, the consulting person may waive this fee. The Land Fund generally bears all other costs of legal assistance.
Further charges can come to you if the Court rejects your request for advice and assistance, after a consultation is already done, or rescinded the approval of legal assistance. In these cases, you must bear the costs of the advice and assistance. For more grant information if necessary the courts and the advice people.
Additional costs can come to you, if you have achieved something as a result of advice through advice and assistance. The consulting person may make the request that the advice be rescinded and require you to pay up to the fees agreed upon beforehand with you in this case. You need to be pointed out but in writing in advance on its acquisition of mandate of the consulting person.
What can be observed for the application?
Please read the application form carefully and fill it out carefully. You will find on the next page of hints that will help you answer the questions. If you have trouble filling out the Court or your consulting person will assist you.
If the space in the application form is not sufficient, you can make entries on a separate sheet. Please indicate in the relevant box on the enclosed sheet.
Since the resources for advice and assistance by the public are applied through taxes, the Court must examine whether you have a claim. The form to facilitate this testing. Therefore please have understanding for the fact that you must set out your personal and economic circumstances.
Important: Please enclose all necessary documents (in particular about your income, your assets and your loads) in copy. You save questions that delay the procedure. Answer truthfully and completely, otherwise already granted legal assistance can be reversed, and you must pay the costs incurred.
The Court can ask also, to supply missing documents and to affirm your statements in lieu of oath. If you are not enough for requested documents, this can cause that your request for legal advice and assistance will be rejected. Besides criminal prosecution threatens you with deliberately false or incomplete information.
What happened and why you want to be discussed please 5 Notes: fill A type map. Present briefly the facts to do so and indicate, where appropriate, the name and address of your opponent's.
Legal expenses insurance: If you have insurance, check first with your insurance company, if this comes up for the cost. Advice and assistance may only be granted if this is clarified in advance (please attach if necessary the writing of legal expenses insurance).
Other possibility of consulting/representation: organizations such as tenant associations or trade unions offer their members usually free advice and representation. Then, you are usually not entitled for advice and assistance. If you think that this possibility is insufficient, you can justify this on a separate sheet.
Previous granting of legal assistance: legal assistance already granted you in same matter at an earlier date, your application must be rejected. If on an already-approved legal assistance could doubt, whether it is same matter which, please specify the date of the permit, the name and address of the consulting person on a separate sheet and name the reasons why you apply again for advice and assistance.
Pending legal proceedings: advice and assistance may only be granted if no legal proceedings in the same matter or is. You must also explicitly assure this. If could doubt regarding court proceedings pending or carried out, please specify the competent court and the local filing on a separate sheet and name the reasons why it is not same matter shortly.
C as gross income you here all your income in money or money value, in particular • pay, salary (also Christmas bonus and holiday pay), unemployment, income from self-employed work, pensions, • income from rental or lease income from capital investments, maintenance services, • child benefit, housing benefit, education.
Net income is the amount that is available, after all necessary services have been withdrawn, in particular • the taxes payable on the income, • compulsory contributions to the social insurance (pension, health, care, unemployment insurance), • contributions to other insurance such as E.g. a so-called Riester pension (Please explain on a separate sheet), • advertising costs (necessary expenses for purchase assurance and receipt of income, working clothes, Union dues, costs for the ride to work).
Is usually the last month before the application; Income from self-employed work, as well as with irregularly accumulated income one-twelfth of the estimated annual income is however to indicate. The income of the spouse or registered partner or the spouse or registered partner is to specify because he or she must arise under circumstances as a unterhaltsverpflichtete person important and urgent matters for the cost of employing someone of advice.
Please attach documents for all the details, for example wage or salary slips, a grant decision based on the second book social security code calculation sheets, or if you are self-employed, please the last tax assessment.
D that costs for your accommodation will be taken into account, as far as they are not in a conspicuous disproportion to your living conditions. For the monthly housing costs indicate (those are the operating costs allocated to the lessee) the rent in addition to heating and additional costs for apartments for rent. Electricity costs (to the extent it is not heating costs) and costs for phone not include housing costs, however, 6. For residential property, specify the interest rate and repayment rates on loans/mortgages/land charges in addition to heating and operating costs.
E it is in your interest to indicate you provide maintenance for any persons and whether they have their own income. Because the performance of maintenance is taken into account, if you are legally obliged to this. If you provide the maintenance not only by payment (for example, because a child you receive not only payments but lives wholly or in part with you and is supplied), please leave this column. A legally established maintenance allowance is then applied for all members.
F please check all bank accounts indicate that each alone or together belong to you, your spouse / registered partner or your spouse / registered partner. This information is required also with lack of credits, since the account balances can be offset against other assets if necessary. Advice and assistance may be granted even if there are assets, they serve but to secure a decent livelihood or a reasonable pension. Such assets are for example • an even used reasonable House plot (family home), • an adequate motor vehicles used by you or the family, unless this is necessary for the vocational training or professional conduct, • smaller amounts or non-monetary (amounts to a total of 2600 euros for you personally plus 256 euro for any person to provide maintenance, are to be regarded generally as a smaller amount of such) , • Household items and clothing as well as items that are needed for vocational training or professional conduct (you must specify these, if they go out of the ordinary or are valuable), • the saved amount a so-called Riester pensions.
Should the usage or the exploitation of other asset amounts to a hardship for you and your family, please explain this on a separate sheet.
G payment obligations and other special charges can be taken into account, as far as this is reasonable. In particular loan rates fall under payment obligations, unless they are actually redeemed. Other special charges can be such additional medical treatment costs, expenses for non-formal learning support, BAföG loans rates or additional expenses for a disabled family member. Also a maintenance burden can be given here of the spouse or registered partner or the spouse or registered partner from his or her previous marriage or registered partnership. For the asserted obligation of payment or other encumbrance, as well as for the payments you make, and the remaining debt include the documents (E.g. copy of the credit agreement, copies of bank statements etc.).
If you receive benefits under the second or twelfth book of social law and reside in a specific life situation, SGB II be recognized at your more requirements in accordance with section 21 or section 30 also considered as special load SGB XII. Examples include: - determination of the Merkzeichens of G and reaching the age limit / full disability - expectant mothers after the 12th week of pregnancy - single parents persons living together - disabled persons with one or more minor children where certain performances according to SGB XII recognized to be - persons who medically caused a costly diet require - decentralized hot water - unanswerable running overhead.
Indicate please if any recognized additional requirements based on your particular situation. Payments that are not required in these cases.
7 Appendix 2 (reference: Federal Law Gazette I, 2014, 10) PDF document appears in its own window
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