Law on the Supply of Victims of War (BundesSupply Act-BVG)

Unofficial table of contents

BVG

Date of completion: 27.06.1960

Full quote:

" Federal Supply Act, as amended by the Notice of 22 January 1982 (BGBl. 21), as defined by Article 1 of the Regulation of 19 June 2015 (BGBl). 993). "

Status:	New by Bek. v. 22.1.1982 I 21;
	Last amended by Art. 4a G v. 15.4.2015 I 583
Note:	Amendment by Art. 1 V v. 19.6.2015 I 993 (No 24) is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +) 
(+ + + measures due to EinigVtr cf.  BVG Annex EV; 
 No more to be used in accordance with the provisions.  Art. 1 No. 6 (g) DBuchst. aa 
 G v. 21.1.2013 I 91 mWv 29.1.2013 + + +) 

  

For the changeover from Deutsche Mark to Euro, see § 66a (6) iVm Bek. v. 15.10.2001 BAnz. No 215 v. 17.11.2001 p. 23573 (supplement)

Entitlement to care

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§ 1

(1) Those who, by means of a military or military service or by an accident during the exercise of the military or military service or by the conditions of this service, have a health injury , because of the health and economic consequences of the injury sustained on request. (2) injury within the meaning of paragraph 1 shall be the same as damage caused by

a)

immediate action of war,

b)

a prisoner of war,

c)

an internment abroad or in German areas not under German administration because of German nationality or ethnic German nationality,

d)

a criminal or coercive measure related to military or military service or to the general disintegration, if it is considered to be an obvious injustice,

e)

an accident which the damaged person suffers on a return or return path, which is necessary in order to take a medical treatment, a spa treatment, a spa treatment as a group treatment or a benefit for participation in the working life according to § 26 or, at the request of a competent service provider or court, to appear in person on account of the injury,

f)

an accident which the damaged person suffers in carrying out one of the measures referred to in point (e).

(3) In order to recognise a health disorder as a result of injury, the probability of the causal relationship is sufficient. If the probability required for the recognition of a health disorder as a consequence of injury is not given because of the cause of the suffering found in the medical science of uncertainty, it is possible to use the Consent of the Federal Ministry of Labour and Social Affairs to recognise the health disorder as a result of injury; consent can be given in general. (4) A damage intentionally caused by the damaged person shall not be considered as Damage within the meaning of this Act. (5) If the Damage to the consequences of the His survivors shall receive supplies on request. Paragraph 3 shall apply accordingly. Unofficial table of contents

§ 1a

(1) Services shall be refused where the person entitled or the person from whom the authorization is derived has infringed the principles of humanity or the rule of law during the reign of National Socialism, and after the On 13 November 1997, a request for benefits was submitted. Evidence that requires a particularly intensive review of whether a person entitled has infringed the principles of humanity or the rule of law through his or her individual conduct may, in particular, be made up of a (2) Services shall be withdrawn in whole or in part with effect for the future if there is a reason for failure within the meaning of paragraph 1 and if the confidence of the person entitled to the right to a Continuing receipt of benefits in individual cases also in view of the seriousness of the previous (3) Insofar as the immediate withdrawal or reduction of benefits leads to unreasonable hardship in the cases referred to in paragraph 2, the withdrawal or reduction shall be effected after a reasonable transitional period. Unofficial table of contents

§ 2

(1) Military service within the meaning of Section 1 (1) is

a)

any service rendered under German military law as a soldier or a Wehrmacht officer,

b)

the service in the German Volkssturm,

c)

the service in the field gendarmerie,

d)

the service in the home flat batteries.

(2) In the case of displaced persons within the meaning of § 1 of the Federal Exalted Act, which are German or German people, the fulfilment of the compulsory military service in accordance with the rules of the country of origin shall be the service in the German Wehrmacht equal. Sentence 1 shall also apply to ethnic German resettlers within the meaning of Section 4 of the German Federal Law on Displaced Persons (Bundesvertriebenengesetz). (3) In the case of German nationals, the service is in the Wehrmacht of a state that has been allied to the German Reich during one of the two world wars or in the the Czechoslovak or Austrian Wehrmacht shall be the same as the service under German military law, if the person entitled to his residence or permanent residence in the territory of the German Reich before 9 May 1945 is in accordance with the status of 31 December 1937 had. Unofficial table of contents

§ 3

(1) As a military service within the meaning of Section 1 (1) (1)

a)

the certificate ordered by a service of the Wehrmacht for the purpose of determining the suitability of the defence, the aptitude test or the military surveillance,

b)

the voluntary or involuntary service provided by a military service or by a military commander for the purpose of the Wehrmacht,

c)

a scheduled or unscheduled embarkation of civilian personnel on ships or auxiliary ships of the Wehrmacht,

d)

the Service of the Reichsbahnservants, seconded to the Wehrmacht, and the Service of Civil Administration officials, who, on the orders of their superiors, used military measures to assist military commanders, , as well as the service of the military administration officials,

e)

the service of the Wehrmacht's helpers,

f)

The service of the staff of the Voluntary Nursing at the Wehrmacht in the war,

g)

the service of the members of the Horse Procurement Commissions of the Military District Commandos,

h)

The service of the young shooters, young sailors and officers of the air force,

i)

the Reichsarbeitsdienst,

k)

the service under the Third Regulation to ensure the supply of power for tasks of particular importance in the field of State policy (emergency services regulation) of 15 June 2008. October 1938 (RGBl. 1441),

l)

the service in wartime warehouses,

m)

the service in the organization Todt for the purpose of the Wehrmacht,

n)

the service in the building staff of Speer/OstDeployment for the purpose of the Wehrmacht,

o)

the service in air protection pursuant to the first implementing regulation on the Air Protection Act in the version in force since 1 September 1939 at the time of the injury, after calling for air protection.

(2) Military service shall not apply to the civil service which has been made to the Wehrmacht by virtue of a service obligation or a contract of employment, unless the use with special, war-related hazards to the military service shall be deemed to have been Health was connected. Unofficial table of contents

§ 4

(1) Military or military service shall also include:

a)

the path of the convener to the place of employment and the way home after the termination of the service;

b)

Missions, services and official activities at the place of destination,

c)

the return of the service relating to the service to and from the service; and

d)

participation in official events.

If, because of the removal of his permanent family home from the place of work on the latter or in the vicinity of the latter, the person who has been in employment had an accommodation, the sentence 1 (c) also applies to the journey from and to the family apartment. (2) Paragraph 1 shall apply mutah Prisoners of war, internships and disappearances. (3) For those who have not had an apartment within the present borders of the Federal Republic, the removal of the residence permit shall be deemed to have been terminated with the arrival at the provisionally allocated place of residence. Unofficial table of contents

§ 5

(1) The direct effect of war within the meaning of Article 1 (2) (a) shall apply if they are in connection with one of the two world wars,

a)

fighting and thus directly related military action, in particular the action of combat agents,

b)

administrative measures directly related to or preparation of hostilities, with the exception of the general blackout measures;

c)

The impact of the damage caused by the special circumstances of the escape from an imminent threat of limb or life, which was imminent from the warlike events,

d)

Adverse events which have occurred as a result of a special danger linked to the military occupation of German or former German territory, or to the forced resettlement or disappearance,

e)

retrospective effects of military operations that have left a dangerous area of war-related risk.

(2) The retrospective effects of military operations (paragraph 1 (e)) shall also apply to damage caused by

a)

with the Second World War by nationals or other employees of the occupying forces or by means of transport (including aircraft) of the occupying forces before the date on which the benefits are granted in accordance with other provisions,

b)

with the First World War by the damages caused by § 1 No. 1 of the Law on the replacement of the personal injury caused by the occupation of German territory (Occupation Personnel) in the version of the notice of 12 April 1927 (RGBl. 103) had been caused and had led to the award of benefits.

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§ 6

In cases other than those referred to in § § 2, 3 and 5, particularly justified cases, the existence of military or military service or direct war may be recognized with the consent of the Federal Ministry of Labour and Social Affairs. . Unofficial table of contents

§ 7

(1) This law shall be applied to:

1.

German and German people and their survivors,

2.

other victims of war, if the injury is caused by a service within the framework of the German Wehrmacht or with a military service for a German organisation, and the survivors ' survivors,

3.

other victims of war in which the injury occurred in Germany or in an area occupied by the German Wehrmacht during the period of direct war, and the survivors thereof, in so far as they are domicated or habitual residence within the scope of this law.

(2) The law shall not be applied to victims of war who, for the same reason, are entitled to receive a supply against another State, unless there is any other provision in the case of intergovernmental agreements. Unofficial table of contents

§ 8

Persons entitled to residence abroad shall be provided with services in accordance with § § 64 to 64f. Unofficial table of contents

§ 8a

(1) Damage within the meaning of Section 1 (1) shall be the same as damage to a person entitled or recipient of benefits pursuant to § 10 (4) or (5) by an accident in the performance of a stationary measure pursuant to § 12 (1) or (4) or (4) or (26) or (26). the necessary back-and-back path. This shall apply mutagenly if the person entitled or recipient is following the request of a competent service provider or court to appear in person on account of the supply, and in the event of an accident. (2) Paragraph 1 shall apply: (3) Damage within the meaning of § 1 (1) shall be equal to injury, which is not a result of § 2 (1) (1) or (9) of the Seventh Book of Social Code Insured person accompanying an accident in the event of an accident due to the consequences of the injury the damaged person is sued on a path within the meaning of Article 1 (2) (e) or with the necessary accompanimen during the performance of a measure listed there. This shall apply accordingly if the Damage follows the request of a service provider, another authority or a court to appear in person. Unofficial table of contents

§ 8b

Damage to health within the meaning of section 1 (1) is the same as damage to a body worn on the body, a pair of spectacles, contact lenses, or a dental prosthesis.

Scope of supply

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§ 9

(1) The supply includes:

1.

Curative treatment, dietary education and medical treatment (§ § 10 to 24a),

2.

Services of the victims of war victims (§ § 25 to 27j),

3.

Damage pension (§ § 29 to 34) and care allowance (§ 35),

4.

Funeral allowance (§ 36) and death grants (§ 37),

5.

Survivor's pension (§ § 38 to 52),

6.

Funeral allowance for the death of survivors (§ 53).

(2) On request, the following benefits shall be provided under this law by a personal budget in accordance with § 17 (2) to (4) of the Ninth Book Social Code in conjunction with the Budget Regulation:

1.

Treatment of medical and medical care,

2.

Benefits for participation in working life in accordance with § § 26 and 26a,

3.

Benefits for participation in accordance with § 27d (1) (3),

4.

Assistance for care pursuant to section 26c, including assistance for the continuation of the budget according to § 26d and

5.

the care allowance in accordance with § 35.

Curative treatment, treatment of dietary needs and medical treatment

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§ 10

(1) healing treatment shall be granted to persons who have been damaged for health disorders which have been recognised as a consequence of injury or have been caused by a recognised cause of damage, in order to prevent health disorders or the impairment caused by them. to eliminate or improve the ability to work or work, to prevent an increase in suffering, to avoid, to overcome, to overcome, to reduce or to prevent the aggravation, to remedy physical complaints, to avoid the consequences of the To facilitate injury or to damage the damaged person in accordance with § 4 (1) The ninth Book of the Book of Social Security (Social Code) aims to enable the most comprehensive possible participation in life in society. By way of derogation from the first sentence, if a health disorder is recognised as a result of injury only as a result of injury, it shall be granted for the whole of the health disorder, unless it is recognised as a consequence of injury. Health disturbance to the condition requiring treatment without any influence. (2) Treatment of severe damage is also granted for health disorders which are not recognised as a consequence of injury. (3) Damaged for the recovery and maintenance of physical performance (4) Health care

a)

the severely damaged for the spouse or life partner and for the children (§ 33b (1) to (4)) as well as for other relatives who live with him in the domestic community and who are predominantly entertained by him,

b)

the recipient of a care allowance for persons who have not only temporarily taken care of their free maintenance and care,

c)

Widows and surviving life partners (§ § 38, 42 to 44 and 48), orphans (§ § 45 and 48) and parents entitled to care (§ § 49 to 51)

in order to eliminate or improve health disorders or the impairment of working or earning capacity caused by them, to prevent an increase in suffering, to avoid, to overcome, to reduce or to reduce the need for care. To prevent physical discomfort or to facilitate the consequences of the disability. The beneficiaries referred to in point (c) shall also receive medical treatment for the purpose of providing them with the widest possible participation in the life of the company in accordance with the objectives set out in § 4 (1) of the Ninth Book of the Social Code. . Beneficiaries (first sentence 1 (a) and (b)) who, after the death of the severely damaged person, are not members of the group 1 (c), can continue to receive medical treatment if they have an effective health insurance cover. cannot be reached under reasonable conditions. (5) Health treatment shall also be granted,

a)

Damaged persons with a degree of damage consequences of less than 50 per se and for the relatives referred to in paragraph 4 (a),

b)

Widows and surviving partners (Sections 38, 42 to 44 and 48) for the members of the family referred to in paragraph 4 (a),

provided that the person entitled to participate in a work takes part in the participation in the working life. The same shall apply in the event of a temporary interruption of participation in the case of health or other reasons not to be justified by the person concerned. (6) Beneficiaries who satisfy the conditions set out in paragraphs 2, 4 or 5 shall be entitled to: the beneficiaries shall provide services for the prevention and early detection of diseases and benefits in pregnancy and motherhood. In addition, health promotion, prevention and self-help services are to be provided in accordance with the Fifth Book of Social Law. For these services, the rules on the treatment of salvation and sick leave apply accordingly, with the exception of paragraph 1; for spa services, § 11 (2) and § 12 (3) and (4) apply. (7) The claims under paragraphs 2, 4, 5 and 6 shall apply. excluded,

a)

if the person entitled has an income exceeding the annual earnings limit of the statutory health insurance, unless the person entitled to the allowance is entitled to a care allowance or the medical treatment is due to the injury caused as a result of injury. be able to ensure that health insurance is not recognised by health insurance, or

b)

if the person entitled or the person who is in demand for a hospital treatment (nominee) has been exempted from the compulsory insurance in the statutory health insurance after 31 December 1982, or

c)

where the beneficiary has an income exceeding the annual earnings limit of the statutory health insurance, unless the person entitled to the benefit has the right to a care allowance; or

d)

if a social security institution is required to perform such a service, or

e)

if the right to the corresponding services consists of a contract, with the exception of claims from a private health insurance or accident insurance, or

f)

if and to the extent that the treatment of treatment or medical treatment is ensured by another law.

The corresponding services referred to in this paragraph shall be those which are in accordance with their intended purpose and the nature of the service provision. Benefits in kind provided by other institutions serving the same purpose, such as costs, cash benefits or grants under this Act, shall be deemed to be equivalent in proportion to those benefits. The rights of a person entitled under paragraphs 2, 4, 5 and 6 shall not be excluded by virtue of the fact that he is insured under Section 10 of the Fifth Book of Social Code. (8) Treatment of salvation or medical treatment may also be prior to recognition. of a supply claim. Unofficial table of contents

§ 11

(1) The medicinal treatment shall comprise:

1.

Out-patient medical and dental treatment,

2.

Supply with medical and bandage means,

3.

Supply of remedies including physiotherapy, movement therapy, speech therapy and occupational therapy, as well as with eyeglass lenses and contact lenses

4.

Supply with dentures,

5.

treatment in a hospital (hospital treatment),

6.

treatment in a rehabilitation facility,

7.

home nursing,

8.

Supply of aid,

9.

Stress testing and occupational therapy,

10.

non-medical social services,

11.

Psychotherapy as a medical and psychotherapeutic treatment and sociotherapy.

The provisions relating to the services to which the sickness insurance fund (§ 18c (2) sentence 1) is obliged to their members shall apply mutagenic to the benefits provided for in the first sentence of sentence 1, unless otherwise specified by this law. (2) Stationary treatment in a KureinDirection (Badekur) may be granted Damage under the conditions set out in § 10 (1), (2), (7) and (8) if it is necessary in order to ensure the success of the home or to deteriorate the state of health in the foreseeable future, of a need for care or an incapacity for work. By way of derogation from Section 10 (7) (d), the performance shall not be excluded by the obligation of a health insurance fund to perform a corresponding service. A bathing cure shall not be granted before the expiry of three years from the date of the implementation of such a measure or a course the costs of which have been borne by or on the basis of public law provisions, unless a Early grant is required for urgent health reasons. If the spa is granted under the conditions laid down in § 10 (1), health disorders which may affect the success of the bath are to be included. (3) To supplement the supply with the aid, Damaged under the conditions of the Requirements of § 10 para. 1, 2, 7 and 8 as a substitute benefit are granted

1.

for the procurement, maintenance and modification of motor vehicles or bicycles instead of certain aids and their repair,

2.

for parking facilities for wheelchairs and for motor vehicles for which the employment of the damaged person has been or could have been received,

3.

for the accommodation of guide dogs,

4.

for the procurement and modification of certain equipment and

5.

at the cost of certain services and services.

In the case of individual services, the full costs can also be taken over. Recipients of a care allowance at least in accordance with stage III may also receive a grant in accordance with sentence 1, no. 1, if he is not requested instead of an aid. (4) Damaged received under the conditions of § 10 (1), (2), (7) and (8) Financial assistance as well as a grant for a stationary or part-time supply in hospices in the appropriate application of the provisions applicable to the health insurance fund (§ 18c (2) sentence 1). (5) The treatment also includes supplementary benefits to the health insurance company. Rehabilitation which is not part of the services provided for in § § 11a, 26 and 27d; for these Supplementary benefits are the provisions for the corresponding benefits of the sickness insurance fund (§ 18c (2) sentence 1). (6) The treatment of salvation and medical care includes the provision of spectacle lenses and contact lenses; in cases of § 10 para. 2, 4 and 5 However, only if there is no insurance relationship with statutory health insurance. The claim for eyeglass lenses also includes the equipment with the necessary eyeglass frame, if the spectacles for the treatment of a health disorder according to § 10 para. 1 or if glasses required for non-damage reasons are recognized for recognized Damage sequences require a more complex supply. Unofficial table of contents

§ 11a

(1) Teaching exercises are carried out in practice groups under medical supervision and expert guidance within the framework of regular local practice sessions of suitable sports communities. (2) The suitability of a sports community is to be implemented (3) The administrative authority shall be responsible for the provision of the services of a sports organisation. , capable of being able to use appropriate sports communities ensure a sufficient number of services throughout the country. A number of sports organisations are to be used only if each organisation takes over the guarantee in a particular area and if it covers the whole of the country. In place of a sports organisation, the managing authority may be directly responsible for the appropriate sports communities. (4) Where the managing authority is responsible for the provision of the services of appropriate sports organisations or sports communities shall be replaced by an appropriate amount of administrative costs incurred by the organisational institutions. Unofficial table of contents

§ 12

(1) Section 11 (1), with the exception of the first sentence of sentence 1, point 4, shall apply to the treatment of the patient. The medical treatment also includes medical rehabilitation services and supplementary benefits; for these benefits, the provisions relating to the corresponding benefits of the sickness insurance fund (§ 18c (2) sentence 1) apply. (2) Grants at the cost of the health insurance fund Under the conditions laid down in § 10 (4), (5), (7) and (8), the person entitled to a payment may be granted up to 80 of the hundred of the necessary costs. Section 10 (7) must be applied with the proviso that the benefits provided by statutory health insurance for the provision of a dental prosthesis are excluded from the benefit provided for in the first sentence; provided that such benefits are granted voluntarily to insured persons who have more than half of the benefits (3) Spouses or life partners and parents of nurses, as well as persons who receive free-of-charge maintenance, and Caring for a nursing care recipient, a bathing cure may be granted if they have been in constant care for at least two years, and if the bath is necessary to maintain their capacity to care for the damage. These persons may also be granted a spa treatment for a period of five years after the end of the caring activity if it is necessary to ensure the success of the home or to deteriorate in the foreseeable future. of health, need for care or incapacity for work. Swimwear can be granted up to ten years after completion of the care if the care has taken longer than 10 years. Section 10 (7) and section 11 (2) sentences 2 and 3 shall apply accordingly. Entitled under the first and second sentences of sentence 1 and 2, budgetary aid shall be granted in accordance with § 11 para. 4. (4) Authorised and nominee shall receive benefits in the form of a cure in the form of a cure under the conditions laid down in Section 10 (4), (5), (7) and (8). Application of the provisions applicable to the health insurance fund (§ 18c (2) sentence 1). (5) § 11 para. 4 applies to the beneficiaries or beneficiaries within the meaning of § 10 (4) and (5). Unofficial table of contents

§ 13

(1) The supply of auxiliary equipment includes equipment for body replacement parts, orthopaedic and other aids, guide dogs and accessories, maintenance and replacement of accessories and accessories, as well as accessories and accessories. training in the use of means of assistance. (2) The aids must be provided in the required number on the basis of technical regulations, in technical and scientifically recognised, permanent design and equipment; they must be the personal and the professional needs of the beneficiary or the beneficiary and to the generally accepted level of medical knowledge and technical development. Aids whose new value exceeds EUR 300 are generally not to be transferred. (3) The authorization of aid may be made subject to the fact that the person entitled or recipient of the aid can be adapted to himself or herself in order to obtain the aid of the person concerned. To become familiar, to be trained. The replacement of an unusable aid can be refused if it is not returned. (4) The beneficiary is entitled to repair and replacement of the aids if their unusefulness or their loss does not result in abuse, The Federal Ministry of Labour and Social Affairs may conclude agreements with service providers or their associations for the provision of body replacement parts (5). , in which the remuneration to be paid and special Conditions of supply are regulated. Unofficial table of contents

§ 14

Damaged, in which blindness is recognised as a consequence of injury, EUR 157 per month is granted for the maintenance of a management dog and as a subsidy to the expenses for foreign guidance. Unofficial table of contents

§ 15

If the recognized consequences of the injury cause exceptional wear on clothing or linen, the resulting costs shall be replaced by a monthly lump sum of 19 to 124 euros. The lump sum is the result of the multiplication of EUR 1.980 with the number of valuation determined on the basis of a legal regulation in accordance with § 24a (d) for the respective amount of the wear effect. The resulting amounts are to be rounded up to EUR 0.49 for full euros and to be rounded up to full euros from 0.50 euros. Where, in special cases, the actual expenditure exceeds the highest level of the lump sum, they shall be reimbursable. Unofficial table of contents

§ 16

(1) Supply sickness benefit shall be granted in accordance with the following provisions:

a)

Damaged if, in the event of a health disorder recognised as a consequence of injury or caused by a recognised damage order, they become incapaciated in accordance with the provisions of statutory health insurance; Health disorders which are recognised as a consequence of injury only as a result of injury shall be replaced by the whole of the health disorder unless the health disorder recognised as a consequence of injury has been caused by the injury to the health incapacity to work without any influence,

b)

Damaged if they become incapaciated because of other health disorders, provided that they are to be treated as a treatment or treatment for health problems (Article 10 (2), (5) (a) and (7)),

c)

Widows and surviving life partners (§ § 38, 42 to 44 and 48), orphans (§ § 45 and 48) and parents entitled to care (§ § 49 to 51), if they become incapacitated if they are to be treated with medical care (§ 10 para. 4 letter c and (7).

(2) In the sense of § § 16 to 16f, the person entitled to work shall also be regarded as being incapable of work.

a)

due to the implementation of a hospital treatment, a bath or a spa treatment, or

b)

without being unable to work, because of another treatment of the treatment of treatment or treatment, with the exception of the adjustment and repair of the aid

c)

(dropped)

(3) entitlement to health care allowance is also available if treatment is granted or a spa treatment is granted prior to recognition of the right to supply in accordance with § 10 (8). A child who is entitled to a pension is entitled to a health care allowance in the event of a damage-related illness and thereby necessary supervision, care or care for the caring parent. § 45 of the Fifth Book of Social Code. (4) The entitlement to health care allowance rests as long as the person entitled to receive unemployment benefit, maintenance allowance, maternity allowance or short-time allowance is concerned. This does not apply to the duration of a hospital treatment or health treatment or a spa treatment. There is no entitlement to health care allowance if unemployment benefit II was obtained immediately before the incapacity for work. (5) The entitlement to health care allowance rests during the parental leave according to the Federal Elternary and Parental Leave Act. This does not apply if the incapacity for work has occurred before the start of the parental leave or if the supply sickness benefit is to be calculated from the pay which has been achieved by gainful employment during parental leave. Unofficial table of contents

§ 16a

(1) The health care allowance shall be 80 per cent of the regular remuneration received (regular pay) and shall not exceed the previous regular net remuneration. The regular fee shall be calculated in accordance with paragraphs 2 and 3. The health care allowance is paid for calendar days. If it is to be paid for a full calendar month, it must be set at 30 days. (2) For the calculation of the standard fee, the person entitled to pay for remuneration up to the start of the incapacity for work shall be the person entitled to the calculation in the case of the person entitled to work for the purpose of the calculation. the last period of remuneration calculated before the start of the incapacity for work, at least during the last four weeks (assessment period), and the amount of remuneration paid on a one-off basis reduced remuneration by the number of the Hours to be shared for which it was paid. The result is to be multiplied by the number of regular weekly working hours resulting from the content of the employment relationship and to be divided by seven. If the fee is calculated after months or if a calculation of the standard rate is not possible after the sentences 1 and 2, then the 30. Part of the calendar month calculated in the last calendar month calculated before the start of the measure and reduced remuneration as a regular fee for a one-time payment of the remuneration. If a work performance is achieved which is due for periods of exemption before or after this work (value credit according to § 7b of the Fourth Book of the Social Code), the calculation of the rule fee is the same as in the Duration of the contribution calculation based on the underlying and one-off pay reduced remuneration; value credits which are not used in accordance with an agreement on flexible working time arrangements (§ 23b (2) of the Fourth Book of the Social Code), remain unconsidered. For the purposes of the application of the first sentence, the regular weekly working time shall be the working time corresponding to the salary paid. (3) The standard rate shall be taken into account up to the level of the respective limit on the performance of the work. The performance measurement limit is the 360. Part of the contribution ceiling of the general pension insurance for annual deductions. (4) In the calculation of the standard pay and the net work pay, the special features of the track zone are not in accordance with § 20 para. 2 of the Fourth Book of Social Code (5) In the calculation of the rule fee, the terms of section 9a, first sentence, point 1 (a) of the Income Tax Act, which are in force in 2011, shall apply in the version in force on 5 November 2011. Unofficial table of contents

§ 16b

(1) If the person entitled to work has income from agriculture and forestry (§ § 13 to 14 of the Income Tax Act) immediately before the incapacity for work, from commercial enterprise (§ § 15 to 17 of the Income Tax Act) or from self-employed work (§ 18 (2) The period of assessment is the last calendar year for which there is an income tax notice. The health care allowance is to be paid for calendar days. The profits which have been used for the income tax assessment shall be deemed to be a regular fee. A loss compensation between individual types of arrival is not to be carried out. The profits are increased offsets in accordance with § § 7b to 7d and 7h to 7k of the Income Tax Act, in accordance with § § 82a, 82g and 82i of the Income Tax Implementing Regulation, in accordance with § § 14 to 15 of the Berlin Promotion Act and in accordance with § § 7 and 12 In so far as they exceed the conditions permitted under Section 7 (1) or (4) of the Income Tax Act for the use of the protective building act. In addition, special depreciation is to be added in accordance with § § 7f and 7g of the Income Tax Act as well as in accordance with § § 81 and 82f of the Income Tax Implementing Regulation. Free amounts for capital gains pursuant to § § 14, 14a, 16 (4), 17 (3) and 18 (3) of the Income Tax Act and free amounts pursuant to § 13 (3) of the Income Tax Act are not to be taken into account. (3) Findet an apportionment to the Income tax does not take place, the tax period is the last calendar year preceding the start of the incapacity for work, for which the person entitled can prove the profits; the proven profits are considered to be a regular fee. (4) Can a regular fee be paid in accordance with paragraph 2 or 3, or in accordance with the provisions of paragraph 2 or 3 (a) the regular fee is not appropriate for the loss of income due to substantial changes after the end of the assessment period or for other reasons, the regular fee shall be taken into account in the light of the overall conditions (5) As a rule fee within the meaning of section 16a (1), the following shall also apply:

a)

in the case of beneficiaries who fulfil the conditions set out in Article 30 (12), an amount equivalent to ten eighths of the additional costs of financial management required by the incapacity for work,

b)

in the case of non-employed persons, who are prevented by incapacity to work, to take up a particular activity, the gross income which they receive on average, or, in so far as this income cannot be determined, the The average income of the professional or economic group, which the person entitled to have heard without the incapacity for work,

c)

in the case of recipients of unemployment benefit or maintenance allowance, an amount equivalent to ten eighths of those benefits, provided that the conditions of subparagraph (b) are not fulfilled.

(6) If the supply sickness benefit is to be calculated in accordance with Article 16a and paragraphs 1 to 5, a single calendar daily allowance is to be fixed. Unofficial table of contents

§ 16c

(dropped) Unofficial table of contents

§ 16d

If the person entitled has received sickness benefit, infringed allowance or transitional allowance from another rehabilitation carrier and is to be granted pension benefits in accordance with § § 16 to 16f thereafter, the calculation shall be made of the Supply sickness benefit from the previously used pay. Unofficial table of contents

§ 16e

If, after completion of the treatment or medical treatment or a bathing treatment, benefits are required for participation in the working life and, for reasons not to be represented by the person concerned, cannot be carried out immediately thereafter, if the person entitled to work is incapable of work and is not entitled to sickness benefit or if he cannot be given reasonable employment, the pension fund will continue to be granted for that period. Unofficial table of contents

§ 16f

(1) In the course of the payment of pension benefits, the person entitled is entitled to pay wages, so that the pension fund is reduced by the remuneration reduced by the statutory deductions; the remuneration paid once is paid once, and the benefits are paid by the person concerned. Employer for health care allowance, insofar as it does not exceed the statutory deductibility of reduced pay, together with the health care allowance, does not exceed the statutory deductibility. If the person entitled to a pension fund generates income from agriculture, forestry, business or self-employment, the pension fund shall be paid by 80 per cent of the total amount of the regular fee. (2) In the event of an activity during the course of the payment of pension benefits, the person entitled to pay will be reduced by 80 per cent of the earned income. (3) The pension fund shall also be paid. To reduce the amount of the deducted by legal deductions of

1.

cash benefits granted by a public service body in connection with the treatment or treatment of health care or health care;

2.

pensions if the pension benefits are based on a wage or salary before the start of the pension scheme,

3.

Pensions granted on the same occasion as the rehabilitation measures, if an unequal amount of double-performance is avoided by the calculation.

(4) In the event that the claims on benefits of a public service body are not asserted, the amount to be charged to him shall be set off; this shall not apply in so far as the claims are not to be realised or from ignorance or from a (5) § 71b shall apply mutatily. Unofficial table of contents

§ 16g

(1) Is a worker on the day after the termination of a service based on a duty of service in accordance with the Civil Service Act or the Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834), most recently by Article 3 of the Law of 19. October 1994 (BGBl. 2978), which is unable to work because of a health disorder, shall be paid to the private employer, who is responsible for the payment of the remuneration in respect of an employment relationship already established before the commencement of the employment relationship in the In the event of illness, the continuing pay, the paid contributions to social security and the promotion of employment, as well as to institutions of the additional age and age, shall be paid by the employer. Survivor's care is reimbursed if the health disorder is caused by a Damages in the sense of § § 47, 47a of the Civil Service Act or § 59 of the Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834), most recently by Article 3 of the Law of 19. October 1994 (BGBl. 2) The refund referred to in paragraph 1 shall be limited to the period for which the employer is obliged to pay for the pay in the event of sickness. The refund period ends earlier if the incapacity to work on the day after termination of the service is no longer caused or is no longer caused by the consequences of the injury. (3) If the employee is entitled to a claim, Due to statutory provisions from a person who is responsible for compensation for the failure to work which has arisen as a result of the incapacity to work, the employer may, in accordance with paragraph 1, only be entitled to reimbursement of that claim in the case of a person who is not entitled to the right of invalidity. the extent to which the obligation to provide services is justified pursuant to paragraph 1. (4) Expenses incurred by employers shall be reimbursed upon request. The refund shall be made only after the decision on the pension entitlement has been taken. Entitlement to the refund shall be barred at the end of four years from the end of the year of termination of the service. Unofficial table of contents

§ 16h

If, during the incapacity of the person entitled to work, the employer does not fulfil the right to payment of the remuneration, the right of the person entitled to the employer shall be entitled against the employer up to the level of the pension paid to the employer. Carrier of the victims of war victims. The extent to which the employer can claim reimbursement in accordance with § 16g para. 1 is not to be asserted. Unofficial table of contents

§ 17

If a necessary measure of the treatment of a recognised damage sequence (§ 10 para. 1, § 11 (1) and (2)) leads to a significant impairment of the employment base of the damaged person, an aid may be granted at an appropriate level; in general shall not exceed 36 euros per day. The aid may also be granted if the income, including the supply sickness, is not sufficient to cover the necessary livelihood as a result of existing, unwavable financial obligations. However, the aid shall not be granted in so far as the financial burden is based on an obligation which has infringed the principles of economic life management. Unofficial table of contents

§ 18

(1) The benefits in accordance with § § 10 to 24a are provided as benefits in kind, insofar as nothing else arises from this law or the ninth book of the Social Code. Benefits in kind shall be granted to beneficiaries and beneficiaries without participation in the costs. The same applies to the replacement of the travel expenses in the course of treatment by the health insurance companies. (2) In the case of the provision of a dental prosthesis (§ 11 para. 1 sentence 1 no. 4) or with aid (§ 11 para. 1 sentence 1 no. 8, § 12 para. 1 sentence 1) may be used. Benefits in kind shall be provided on request in scope, material or execution beyond the measure of the necessary, if this also results in the purpose of the supply and the beneficiary or nominee takes over the additional costs. The same applies to dental fillings. If a surcharge in accordance with the first or second sentence leads to additional costs in the event of a subsequent performance, it shall be liable to the beneficiaries or beneficiaries. (3) If the person entitled has a cure, medical treatment or bathing cure before the recognition itself , the costs of the necessary treatment shall be reimbursed in an appropriate manner. This also applies if recognition is not possible, because after completion of the treatment no health disorder has been left behind, or if a damaged person has the healing treatment prior to filing the pension entitlement in the period for which he or she may be granted employment, or if, by circumstances outside his or her will, an employment person was prevented from registering prior to the start of the treatment. (4) If the person entitled to do so has a salvation or Medical treatment after the recognition is carried out, the costs shall be in the appropriate To be reimbursed if unavoidable circumstances make use of the sickness insurance fund (§ 18c (2) sentence 1) or the administrative authority (§ 18c (1) sentence 2) impossible. This applies to persons entitled to health care who are a member of a health insurance company, but only if the cash register is not obliged to perform the service, as well as with regard to the services to be provided by the managing authority pursuant to Section 18c (1) sentence 2. If, after the right to a medical or medical treatment has been omitted, the person entitled or recipient has concluded a health insurance or has acceded to a sickness insurance fund, the expenses for the insurance shall be given to him in an appropriate manner. Extent to be replaced if the claim for treatment or treatment is legally binding retroactively in the pre-trial procedure or in the judicial proceedings. Costs for a self-made bathing cure shall not be reimbursed. (5) If the person concerned is entitled to reimbursement of costs pursuant to paragraph 3 or 4, there is also a right to health care allowance. (6) Instead of the performance in accordance with § 11 (1) sentence 1, no. 4, the Damage to the procurement of a dental prosthesis due to the consequences of damage shall be granted at an appropriate level if, because of the loss of further teeth for which there is no claim for treatment under this law, an extended It is possible to produce a tooth replacement. The administrative authority may pay the subsidy directly to the dentist. (7) In special cases, in the case of the inpatient treatment of a damaged person, the costs of benefits which are provided by the general hospital services may also be taken over by the staff. if it appears necessary in the circumstances, in particular with regard to the recognised consequences of the damage. (8) If the person entitled to death dies, the heirs may be reimbursed the costs of the last illness in an appropriate manner. Unofficial table of contents

Section 18a

(1) The services in accordance with § § 10 to 24a shall be granted on request; they may also be granted by officals. The issuing of an ID card shall be deemed to be an application. If the entitled person is a member of a health insurance company, applications for benefits under this Act are also considered as applications for the corresponding benefits of the sickness insurance fund, applications for benefits of the health insurance fund at the same time as applications for the corresponding benefits. Benefits under this Act. (2) The services provided for in § § 10 to 24a shall be provided, unless otherwise specified in the following, of the 15th. of the second month of the calendar quarter preceding the submission of the application, but not earlier than from the date on which it meets the conditions laid down. The benefits shall be granted from the date of the day on which the claims based on the facts of the sickness fund or the managing authority have become known. (3) Pension benefit is to be granted from the day on which the sickness insurance fund is to be paid. Conditions are fulfilled if it is requested within two weeks after the onset of the incapacity for work or after the commencement of the treatment measure or after the claim for payment of the salary or salary has been omitted, otherwise of the day the application. The declaration of incapacity for work shall also be considered as a request. If the application is not made in due time, the supply sickness allowance shall be granted for the period covered, if unavoidable circumstances make it impossible to comply with the deadline. On its own account, health care allowance is granted from the day on which the claims based on the facts of the sickness fund or administrative authority have become known. The rates 1 to 4 also apply to the aid in accordance with § 17. (4) For benefits in accordance with § § 10 to 24a, which are to be granted in monthly amounts, § 60 applies accordingly. (5) Benefits in accordance with § § 10 to 24a, which are to be granted in annual amounts, shall be granted by the the first of January of the year of application, at the earliest from the first of the month in which the conditions are met. On its own merits, these benefits shall be granted on the first of January of the year in which the sickness fund or the managing authority has become aware of the facts of the claims, at the earliest from the first of the month in which the conditions are met: are fulfilled. One-off cash benefits shall only be entitled if they are requested before the expiry of twelve months after the expenses have been incurred. (6) The services provided for in § § 10 to 24a shall be provided, unless otherwise specified in the following, until the day where their conditions are eliminated. They shall continue to be granted up to the end of the calendar quarter in which their conditions are not met, if the need for treatment or the irregular physical condition persists. If the omission is due to an increase in income, the conditions shall be deemed to be the same as the date in which the person entitled to the increase has acquired knowledge of the increase. If the omission is due to the death of the severely damaged person or the nurse, the benefits shall end at the end of the sixth month following the death month. (7) Health care allowance and aid pursuant to § 17 end with the omission of the Conditions for granting, the admission of a permanent status, the granting of an old-age pension from the statutory pension insurance scheme or the payment of early retirement benefits. A permanent state is given if the incapacity for work is not likely to be eliminated in the next 78 weeks. Health care allowance and aid shall be granted on the basis of the absence of the conditions for granting them until the date on which these conditions are not met. In the event of a permanent state or an old-age pension, pension benefits and aid shall, if they are being granted on an ongoing basis, be paid up to two weeks after the permanent status has been established, in the case of an old-age pension, up to the date of the expiry of the period of Day on which the person entitled to the authorization has been informed of the authorization. In the case of payment of early retirement benefits, pension benefits and aid in accordance with § 17 with the day preceding the beginning of the early retirement. If the benefits are not provided on an ongoing basis, they shall be granted up to the date of the determination of the permanent status or of the beginning of the old-age pension. The establishment of a permanent condition shall be excluded as long as the person entitled to the treatment is granted inpatient treatment or as long as he has not been unfit for work for at least 78 weeks; periods of a preceding one, on the same Sickness-based incapacity to work shall be calculated on this time-limit, provided that they lie in the last three years before the onset of the incapacity for work. Spa treatments and inpatient treatment in rehabilitation centres end at the end of the period prescribed for the treatment. Benefits awarded in annual amounts shall end with the end of the calendar year in which the conditions for granting them are not fulfilled. Unofficial table of contents

§ 18b

Beneficiaries and beneficiaries who receive benefits only on the basis of this Act, as well as the beneficiaries insured under Section 10 of the Fifth Book of Social Code, shall be entitled to expel from physicians and other service providers. Section 15 of the Fifth Book of the Social Code applies accordingly.

Footnote

(+ + + § 18b: For application cf. OEGÄndG 2 Art. 6 F. from 23.7.1991 + + +) Unofficial table of contents

§ 18c

(1) § § 10 to 24a shall be carried out by the managing authority. Within the scope of this competence, the administrative authorities provide dentures, care with aids, movement therapy, speech therapy, occupational therapy, exercise testing, occupational therapy, spa treatments according to § 11 para. 2 and § 12 para. 3, Replacement services, pay-for-use exercises, subsidies for the procurement of dentures, dog delivery, aid to expenses for foreign guidance, flat-rate compensation as compensation for clothes and clothes wear, refunds in accordance with § 16g, aid in accordance with § 17, Benefits according to § 18 (3) to (8) and § 24, to the extent that the managing authority is responsible for the Provision of the main service is responsible, reimbursements to health insurance funds, contributions to the statutory pension insurance for periods of payment of health care allowance, reimbursement of expenses for old-age insurance as well as contributions to the pension fund Promotion of work. The other services are provided by the sickness insurance funds for the managing authority. In this regard, the beneficiaries and beneficiaries are subject to the sickness regulations. (2) If the health insurance funds are obliged to provide the services in accordance with the third sentence of paragraph 1, this obligation shall be the responsibility of the beneficiaries who are members of a Sickness insurance, and in the case of beneficiaries and beneficiaries who are members of the family of a cash register, this sickness insurance fund, in the treatment of the other persons who have been damaged and of the medical treatment of the beneficiaries and of the other persons concerned Beneficiaries of the General Local Sickness Fund of the place of residence. The appeals authority responsible for the administrative authority shall decide on appeals against administrative acts adopted in the context of the provision of services by sickness funds. (3) Instead of the sickness fund, the managing authority may decide to: Providing services. The sickness funds are intended to inform the managing authority of cases in which the provision of the services appears to be indicated by the managing authority. (4) Even if the medical treatment is only granted on the basis of this law, Doctors, dentists, pharmacists and other persons serving the treatment of medical and medical care, as well as hospitals and institutions, are entitled to pay only on the remuneration to be paid for members of the sickness insurance fund. In the case of the procurement of ancillents within the meaning of § 13, the remuneration payable by the local sickness fund for its members at the supplier's registered office shall not be exceeded. Notwithstanding sentence 2, the remuneration provided for in this Agreement shall not be exceeded if an agreement has been concluded within the meaning of Article 13 (5) for the supply of a body replacement. Exceptions to these regulations may be permitted. (5) Services of public service providers based on legislation which are not subject to any claim shall not therefore be denied or reduced, because in accordance with § § 10 up to 24a services for the same purpose. If another public service provider does not provide in kind, grant or other cash benefit or a contribution in kind connected with a grant for the same purpose, the reason for this is already due to the fact that the In the event that he/she is entitled to receive benefits in kind, he/she shall be subject to the obligation to provide benefits, provided that he otherwise has The obligation to refund does not exist if the health disorder to be treated has been recognised as a consequence of injury or has been caused by a recognised damage sequence or if benefits have been provided for beneficiaries, according to § (6) Doctors, hospitals and other service providers are obliged to do so by the managing authority and the sickness insurance fund (paragraph 2, first sentence), as defined in § § 294, 295, 298 and 301 to 303 of the Fifth Book of the Book of Social Security. Social code, to the extent that: Task performance of the managing authority or the health insurance is required. Unofficial table of contents

§ 19

The health insurance funds will be reimbursed expenses for benefits which they have provided in accordance with § 18c. Expenses for their members shall be reimbursed only to the extent that such expenses have been incurred by the treatment of recognised damage consequences.

Footnote

(+ + + § 19: For application see OEGÄndG 2 Art. 6 F. from 23.7.1991 + + +) Unofficial table of contents

§ 20

(1) The reimbursement claims of the health insurance funds in accordance with § 19 shall be subject to a flat-rate payment. The basis for the fixing of the flat rate for a calendar year shall be the refund for the previous year. It is changed by the From-Hundred Sentence, which changed the number of eligible employees and survivors on 1 July of the year compared with 1 July of the previous year. This result is then changed by the one-hundred-sentence in order to cover the expenses of the sickness funds for each member and pensioner, including family members for medical and dental treatment (without dentures and without orthodontics). treatment), for medicine and association, for remedies, for hospital treatment and for driving costs, in the first half of the year, compared with the first half of the previous year. With the payment of this lump sum, the expenses of the health insurance funds mentioned in § 19 are paid. (2) The Federal Ministry of Labour and Social Affairs pays the lump sums to the AOK Federal Association, which they receive for the health insurance funds . Partial amounts shall be paid at the end of each calendar quarter. For the calculation of the sub-amounts, the lump sum of the previous year shall be reduced by 10 per cent. As long as the comparative data referred to in paragraph 1 is not available, the amount of the monthly lump sum shall be reduced by 10 per cent of the lump sum. The AOK-Bundesverband distributes the amounts to the top associations of the health insurance funds with their agreement; the distribution is to be based on the ratio of the shares of the individual health insurance schemes to the reimbursements according to § § 19 and 20 in the up to (3) The sickness funds shall be reimbursable for the provision of services pursuant to Section 18c of the Administrative Costs of 3,25 of the Hundred of the Sickness Insurance Fund of the Flat-rate amount reimbursed in accordance with paragraph 1. The allocation of this amount to each country shall be based on the number of persons entitled to the pension and the surviving dependants on 1 July of the year. The Federal Ministry of Labour and Social Affairs is aware of the number of shares to be paid by the Länder. Paragraph 2 shall apply mutas. (4) In respect of expenses incurred by countries in accordance with laws which provide for the appropriate application of this Act, paragraphs 1, 2 and 3 shall apply only insofar as this is expressly provided for.

Footnote

(+ + + § 20: For application, see OEGÄndG 2 Art. 6 F. from 23.7.1991 and OEG § 1 para. 13 F. from 25.7.1996 and BSeuchG § 54 para. 3a F. from 25.7.1996 + + +) Unofficial table of contents

Section 21

§ § 107 to 114 of the Tenth Book of Social Code shall apply to the refund pursuant to Section 18c (5). The period of limitation shall begin at the end of the year in which the treatment or treatment has been carried out, but at the earliest, with the recognition of the entitlement to supply.

Footnote

(+ + + § 21: For application, see OEGÄndG 2 Art. 6 F. from 23.7.1991 + + +) Unofficial table of contents

Section 22

(1) The managing authority shall pay the contributions to the statutory pension insurance for periods of the payment of pension benefits as well as the contribution to the promotion of employment. (2) Beneficiaries of non-pension insurance who are entitled to the pension insurance Pension benefits are reimbursed on application by the pension expenses up to the amount of the contributions which would be payable for the statutory pension insurance for periods of payment of health care allowance. Expenditure on retirement provision within the meaning of the first sentence is voluntary contributions to statutory pension insurance, contributions to public-service professional insurance and utilities, and contributions to public or private-sector pension schemes. private insurance undertakings under life insurance contracts. (3) The sickness insurance fund appoints the managing authority on a quarterly basis the recipients of health care allowance, making the information necessary for payment of the amounts; and shall, at the request of the Management Authority, Documents available. Unofficial table of contents

Section 23

(dropped) Unofficial table of contents

§ 24

(1) Authorised persons shall be entitled to take over the travel expenses incurred in connection with an achievement of the treatment of salvation or sick leave, as well as in the case of a bathing cure. The necessary travel expenses, including the necessary travel expenses, shall be required for themselves, for the necessary accompaniment and for children whose participation in the place of rehabilitation is necessary, because their other care is not ensured. , as well as the costs of catering and accommodation, to an appropriate extent. If the measure lasts for more than eight weeks, the necessary travel expenses for family home trips or for the journeys of a family member to the place of residence of the person entitled to work or the person entitled to benefits may also be taken over. If a stationary treatment is terminated without compelling reason, there is no claim to reimbursement of travel expenses. (2) Replacement for lost work earnings is provided on an appropriate scale.

a)

in the adaptation and repair of auxiliary equipment,

b)

if accompanied by the accompanying person, if the person entitled to the refund is obliged to pay the refund.

Sentence 1 (b) shall also apply in connection with benefits provided by the sickness insurance fund for the treatment of damage consequences. (3) If an aid (§ 13 para. 1) has been adjusted, amended or repaired without the consent of the public authorities, replacement shall be granted of the cash outlays and compensation for lost earnings, if the necessity of the measure is recognised. Unofficial table of contents

§ 24a

The Federal Government is authorized, by means of a regulation with the consent of the Federal Council

a)

the nature, scope and specific conditions of the supply of aid, including accessories, as well as the replacement services (Article 11 (3)), to be determined in more detail;

b)

to determine what is to be considered as an aid and as an accessory within the meaning of Article 13 (1),

c)

in accordance with the Federal Law on Supply and the laws which provide for a corresponding application of this law, the nature, scope and special conditions of the semise's physical exercises as well as the sports which are considered to be in the form of diversion training , to determine, in more detail, the implementation of the training exercises, the basic principles and the maximum amounts of the flat-rate compensation of expenses to be agreed upon by sports organisations in the event of a guarantee of the conduct of the conduct of the spearhead. , as well as laying the foundations for those with sports communities, to more closely regulate the agreed pro-rata compensation of expenses incurred by the participation of the employees at the training events;

d)

the calculation of the lump sum for clothes and clotheswear for individual groups of damage sequences and the determination of the special cases within the meaning of § 15.

War sopralouscare

Unofficial table of contents

Section 25

(1) Services of the victims of war shall receive damages and survivors in order to supplement the remaining benefits under this Act as special aid in individual cases (Section 24 (1) (2) of the First Book of the Social Code). (2) The care of the victims of the war is to accept the persons who are damaged and their family members and the survivors in all circumstances in order to deal with the consequences of the injury or loss of the spouse or of the life partner, parent, child or To adequately balance or mitigate enkelkinds. (3) Services of the victims of war shall be granted in accordance with the following provisions

1.

Damaged, the basic pension pursuant to § 31 or entitled to medical treatment pursuant to § 10 para. 1,

2.

Survivors who receive survivor's pension, widows or orphan aid under this Act, parents even if they are not granted parental pension due to the amount of their income and the conditions of § § 49 and 50 are fulfilled.

Benefits of the care of the victims of war are also granted if the right to care according to § 65 rests, the right to payment of basic pension is granted or transferred for severance or widow's supply on the basis of the offsetting pursuant to § 44 (5) (4) Damage to the victims of war shall also be granted to members of the family, in so far as they cannot cover their own income and property in accordance with their requirements to be recognised under the following provisions. As family members apply

1.

the spouse or the life partner of the person who has been damaged,

2.

the children of the Damage,

3.

the children who are considered to be the children of the damaged person in accordance with § 33b (2) and his foster children (persons with whom the damaged person is linked by a family-like volume calculated for a longer period of time, provided that he is included in his/her household) and that there is no longer a relationship with the parents),

4.

other members of the family who are living in the domestic community,

5.

Persons whose exclusion would constitute an obvious hardship,

if the damaged person predominantly denies the livelihood of the family member, has disputed the injury or would probably deny the injury. Children shall be subject to the completion of the 18th sentence of 2 and 3. (5) The benefits of the victims of war can also be provided if they are in the form of a family member, if they live in the home community or if they fulfil the conditions of § 33b (4) sentences 2 to 7. (6) The right to benefit in a facility (§ 25b (1) sentence 2) or care allowance (§ 26c (8)) is to the extent that it is not yet legally binding. the benefit would have been provided to those who were entitled to do so, after their death, who have provided the aid or who have provided the care. Unofficial table of contents

Section 25a

(1) War victim care benefits shall be provided if and to the extent that, as a result of the injury suffered by the spouse or the life partner, parent, child or grandchild, the damage caused by the injury and the survivors is not in a position to: (2) A link between the injury or loss of the spouse or the loss of the spouse, or the loss of the spouse, or the loss of the spouse, or the loss of the spouse or the loss of the spouse. Life partners, parent, child or grandchild, and the need for performance , unless the opposite is manifested or evidenced. Benefits of the victims of war may also be provided if there is no link between the injury or loss of the spouse or partner, parent, child or grandchild, and the need for performance which does not exist. However, performance is justified on a case-by-case basis by special reasons of equity. The relationship is always assumed

1.

in case of damage, the basic pension with a degree of damage consequences of 100 and occupational damage compensation or a care allowance; § 25 (3) sentence 2 shall apply accordingly,

2.

in the case of severe damage, the 60. have completed their life year,

3.

in the case of survivors who are fully in employment or incapacitated in the sense of the Sixth Book of Social Code, or 60. Have completed their life year.

Unofficial table of contents

§ 25b

(1) The benefits of the victims of war are

1.

Benefits for participation in working life and supplementary benefits (§ § 26 and 26a),

2.

hospital aid (§ 26b),

3.

Assistance for care (§ 26c),

4.

Assistance for the continuation of the budget (§ 26d),

5.

Altenhilfe (§ 26e),

6.

Education allowance (§ 27),

7.

Supplementary aid for subsisting (§ 27a),

8.

Recovery assistance (§ 27b),

9.

Housing assistance (§ 27c),

10.

Aid in special circumstances (§ 27d).

If the service is performed in a stationary or part-stationary facility, it also includes the subsistent amount of the service provided in the institution, including the one-off services required in addition; § 133a of the Twelfth Book The Social Code shall apply accordingly. Sentence 2 shall also apply if assistance for care is not granted only because the corresponding services are provided in accordance with the Eleventh Book of Social Code. (2) Performance types of the victims of war are service, property and cash benefits. (3) The service includes, in particular, advice on questions relating to the provision of war victims and the issuing of information in other social matters, insofar as they are not to be perceived by other bodies or persons. (4) Cash benefits shall be provided. as one-off aid, on-going aid or as a loan. Loans may be granted if this type of service is sufficient or more appropriate to achieve the performance. In lieu of cash benefits, benefits in kind can be provided if this type of service is more appropriate in individual cases. (5) The nature, extent and duration of the benefits of the victims of the victims of war are based on the specific nature of the individual case, the nature of the Needs and local conditions. The nature and seriousness of the injury, state of health and age, and the status of life before the occurrence of the injury or the effects of the injury or the loss of the spouse or partner, parent, child or grandchildren in particular. If the persons entitled to benefit who are responsible for the design of the service are to be satisfied, they should be satisfied, insofar as they are appropriate and do not require any unjustifiable additional costs. Unofficial table of contents

Section 25c

(1) The amount of cash benefits shall be determined on the basis of the difference between the need to be recognised and the income and assets to be used; § 26 (5) and § 26a shall remain unaffected. In addition, in duly substantiated cases, cash benefits may also be provided to the extent that income or assets of the persons entitled to benefit are to be used or used to meet the needs of the person concerned; to this extent, they shall be entitled to the (2) If a material benefit is contemplated, persons entitled to benefit shall bear the cost of the contribution in kind in the amount of the income and assets to be used. (3) Income is not in this respect , than the use of income on a case-by-case basis, taking into account Situation of the damaged or surviving dependants, in particular in the manner and close to the damage of the needs, duration and amount of the necessary expenses, as well as the particular burden on the persons entitled to benefit and their dependants would be uncheap. In the case of exclusively damage-related needs, income is not to be used. In the cases of inpatient integration assistance, the second sentence applies only to the lump sum allowance within the meaning of section 76 (2) of the Twelfth Book of the Social Code. The care allowance in accordance with § 35 shall be taken into account until the amount of the flat-rate allowance is reduced as required. (4) (omitted) Unofficial table of contents

Section 25d

(1) Income within the meaning of the rules on the provision of war victims shall be without prejudice to any income in money or money value other than the benefits of the victims of war; § 26a (4) shall remain unaffected. As income, the basic pension and the severe damage allowance as well as an amount in the amount of the basic pension are not applicable, to the extent that according to § 44 (5) benefits are credited to the widow's basic pension or to the extent that the basic pension according to § 65 rests. Sentence 2 shall also apply to the amount of the basic pension underlying the widows and orphan aid in accordance with § 48. (2) The income of the non-separated spouses or life partners shall also be considered as the income of the persons entitled to benefit, insofar as it is the income of the spouses or life partners who are not living separately for the benefit of the The eligible income limit of § 25e (1) is greater than the applicable income limit. Benefits of other persons on the basis of a bourgeois legal maintenance claim are the income of the persons entitled to benefit in so far as the income of the dependent persons exceeds the income limit to be determined for them pursuant to § 25e para. 1; is a The amount of maintenance shall be determined by the court, and the benefits shall be the income of the persons entitled to benefit. § 25e paragraph 2 remains unaffected. (3) From the income are to be deducted

1.

taxes on income to be paid,

2.

Compulsory social security contributions, including contributions to the promotion of employment,

3.

Contributions to public or private insurance companies or similar institutions, where these contributions are required by law or are appropriate by reason and amount, as well as funded pension contributions in accordance with § 82 of the Income Tax Act, in so far as they do not exceed the minimum personal contribution according to § 86 of the Income Tax Act,

4.

the necessary expenditure to achieve income,

5.

the amount of the work grant and the increases in the amount of the pay in accordance with § 43 sentence 4 of the ninth book Social Code.

(4) Services which are provided for an expressly stated purpose under public law provisions shall be considered as income only as far as the same purpose is used for the provision of the victims of the victims of war. Compensation that is provided in accordance with § 253 of the Civil Code on account of a damage which is not property damage shall not be considered as an income. (5) Free welfare benefits shall not be considered as income, in so far as they do not adversely affect the situation of the persons entitled to benefit in such a way that the benefits of the victims of war would be unjustifiably unjustified. Grants awarded by another without having a legal or moral duty to do so shall be disregarded as income, insofar as their consideration for the persons entitled to benefit would be of particular hardship. (6) (dropped) Unofficial table of contents

§ 25e

(1) The income of the persons entitled to benefit is to be used for the cover only if it exceeds an income limit per month which results from:

1.

a basic amount of 2.65 per cent of the amount of the tax amount of § 33 (1) sentence 2 (a) (amount of assessment), but at least equal to the basic amount pursuant to section 85 (1) (1) of the Twelfth Book of Social Code,

2.

the cost of accommodation,

3.

a family surcharge of 40 per cent of the basic amount referred to in point 1 for the spouses or life partners, most of which are entitled to benefit, and for each of the other persons entitled to benefit, alone or in association with the Spouse or life partner of the majority of the person who is holding,

at most, however, from an amount equal to one twelfth of the amount of the assessment plus an amount equal to 75 per cent of the respective family allowance. (2) In the case of minor unmarried persons who have been unmarried, it is also necessary to meet the needs of the child The income of parents. For the use of income, the provisions of paragraph 1 shall apply in accordance with the condition that a family allowance for a parent, if the parents live together, and for those who are in employment and for any person who is the parent or the person who has been damaged, shall be subject to the following conditions: have been largely entertained so far or will be subject to maintenance after the decision on the performance of war victims ' welfare. If the parents do not live together, the income limit depends on the parent in which the person or who is in employment lives; the parents do not live together and the person or the person who is in employment does not live with a parent, the income limit is determined by the parent. pursuant to paragraph 1; section 25d (2) sentence 2 shall apply. (3) Paragraphs 1 and 2 shall not apply in the cases of § § 26a, 27 (2) sentence 4 and § 27a; § 26 paragraph 5 sentence 2, § 26b para. 4, § 26c para. 11, § 27 para. 2 last sentence and § 27d paragraph 5 (4) In the case of a stay in a stationary or part-inpatient facility, after two months after the end of the stay, the To use income in the institution income in the amount of the saved expenses for the domestic living expenses insofar as it is below the determining income limit and it would be inefficient to refrain from the use of income. In addition, the use of income below the income limit may be required by persons entitled to benefit who are likely to require a longer period of care in a stationary facility, as long as no other person is primarily responsible for the maintenance of the income. (5) In so far as income is to be used in individual cases to cover a particular demand, the use of this income cannot be required to cover another, at the same time existing, demand. If different income limits are decisive, it is first of all to decide on the performance for which the lower income limit is decisive. If the same income limits are the responsibility and the various carriers of the war victim's care are responsible, the decision on the performance for the first demand shall take precedence; if the need arises at the same time, the above shall be the case Income limit shall be taken into account in equal parts in the case of need. Unofficial table of contents

§ 25f

(1) The total value of the assets that can be used is to be put in place. This also applies to claims arising from benefits under this Act. The benefits of the victims of war shall not be made conditional on the use or exploitation of a property, insofar as this is the case for the persons entitled to benefit who have the assets and for their dependants. Relatives would mean a hardship. This is the case if the use of the assets would make it much more difficult to maintain adequate life, to maintain adequate retirement provision or to ensure adequate burial and grabbing. Assets from repayments of pensions under this Act shall remain unaccounted for for a period of one year. In addition, Section 90 (2) (1) to (7) and (9), Section 91 of the Twelfth Book of Social Code and Section 25c (3) shall apply. (2) As small amounts of cash or other monetary values, the following percentages of the amount of the tax in accordance with § 33 (1) shall be deemed to be the following: Point 2 (a) shall be taken into account:

1.

10 of the hundred in providing supplementary assistance for the livelihood of persons entitled to benefit, including special carers, who shall be entitled to the 60. have not yet completed their life year,

2.

20 of the hundred in providing supplementary assistance to the benefit of those entitled to benefit, the 60. Have completed their life-year, including special carers, as well as full-bothered or ineligible persons within the meaning of the Sixth Book of the Social Code and invalidity pensioners comparable to that person,

3.

20 of the hundred in the case of the provision of all other benefits, except for special carers, unless the conditions for the award of the statutory allowance equal to 40 per cent of the amount of the tax are available,

4.

40 of the hundred in the provision of care allowances to persons in need of care pursuant to § 26c (8) sentence 3, of the aid for the blind pursuant to § 27d (1) (4) and of all other benefits to special carers, with the exception of the supplementary assistance to a living,

plus an amount equal to 4 of the hundred of the amount for the predominantly maintained spouse or life partner, and of 2 of the hundred for each other person entitled to benefit alone or together with the spouse or (3) Self-employed residential property within the meaning of Section 17 (2) of the Housing Promotion Act, which is inhabited by persons entitled to benefit alone or together with relatives in whole or in part, to whom it is after the death of the persons entitled to benefit as a dwelling, is not to be (4) In the case of underage unmarried persons, in order to meet the needs, the assets of the parents shall be used or to be used. In the case of the use and recovery of assets, paragraph 2 shall apply mutatily, with the proviso that an amount equivalent to four of the hundred of the amount for one parent, if the parents live together, and the amount of two of the hundred for the benefit of the parent, shall be: Damaged and used for any person who is overwhelmingly entertained by the parents or those who have been damaged. If the parents do not live together, only the property of the parent is to be used or to be revalued, in the case of the person who is in employment. If the parents do not live together and do not live with any parent, the same applies to the use and exploitation of assets (2). (5) Are Damaged and their spouses or life partners or are both parents of underage blind or disabled unmarried persons within the meaning of Article 1 (1), second sentence, of the Regulation implementing Section 90 (2) (9) of the Twelfth Book of the Social Code, shall be subject to the provisions of paragraphs 2 and 4, subject to the condition that the spouse or the Life partners of Damaged and for the parent of underage unmarried an amount of 12 of the hundred of the amount shall be set. Unofficial table of contents

Section 26

(1) Damaged benefits are provided for participation in working life in accordance with § § 33 to 38a of the ninth book of the Social Code as well as in the entrance procedure and in the vocational training area of the workshops for disabled persons according to § 40 of the ninth book Social Code. (2) In case of damage to employment in an institution of vocational rehabilitation, expenses arising there are borne by the institution of the victims of the victims of war as benefits in kind. (3) The benefits for participation in the Working life also includes support for the creation and maintenance of a self-existence; Cash benefits for this purpose are usually to be provided as loans. (4) The benefits of participation in working life, including benefits in the entrance procedure and in the vocational training sector of a recognised workshop for disabled people shall be supplemented by:

1.

Transitional allowance and maintenance allowance in accordance with Article 26a,

2.

Payment of contributions to statutory pension insurance for periods of payment of transitional allowance in compliance with § 50 of the Ninth Book Social Code, reimbursement of expenses for the retirement insurance of non-pension insurers Damaged for voluntary contributions to statutory pension insurance, for contributions to public-sector insurance and pension institutions and to public or private insurance companies on the basis of Life insurance contracts up to the amount of the contributions to to pay statutory pension insurance for periods of payment of transitional allowance,

3.

Budgetary support according to § 54 of the ninth Book of the Social Code,

4.

other services which are necessary, taking into account the nature and seriousness of the injury, in order to achieve or secure the objective of rehabilitation,

5.

Travel expenses according to § 53 of the Ninth Book Social Code.

(5) Where, in accordance with paragraph 1 or 4, no. 4, benefits for the achievement of the place of work or of the place of an achievement for participation in the working life, in particular assistance for the procurement and maintenance of a motor vehicle, are eligible, the Approximation of these benefits in the context of a legal regulation pursuant to § 27f of the use of income deviating from § 25e (1) and (2) and § 27d (5) shall be determined and completely or partially waiver of the use and utilization of assets. In addition, in the case of benefits for participation in the working life and the supplementary benefits, with the exception of the other aids referred to in paragraph 4, point 4, income and assets shall not be taken into account; § 26a shall remain unaffected. (6) Widows, widows or widows Surviving partners who wish to be in employment for the purpose of maintaining an adequate position shall, in duly justified cases, be provided with benefits in accordance with paragraphs 1 to 5, except in paragraph 4 (4). Unofficial table of contents

Section 26a

(1) The entitlement to transitional allowance as well as the amount and calculation shall be determined in accordance with Part 1, Chapter 6 of the ninth Book of the Social Code; otherwise, the calculation of the transitional allowance shall be governed by § § 16a, 16b and 16f. (2) Damaged income within the meaning of section 16b (1) and immediately prior to the commencement of the benefit for participation in the working life does not relate to a pension fund, sickness benefit, injury or transitional allowance, the same applies to the calculation of the transitional allowance. § 16b (2) to (4) and (6) accordingly. In case of damage to the service on the basis of military service damage or damage to the civil service, the calculation of the regular pay shall be the income (cash and cash in kind) related to the termination of the military service as a soldier, for Soldiers who referred to Wehrsold and, in the case of civilian service providers, 10-eighth of the income (cash and in-kind) related before the termination of military service or civil service, to be used as a soldier or a civil service provider, if:

a)

the damaged before the military service or civilian service has not reached an employment income, or

b)

the remuneration to be taken into account in accordance with Article 46 (1), first sentence, or Article 47 (1) of the Ninth Book of the Social Code or in the first sentence of paragraph 2.

(3) Damaged persons who have not been employed for participation in the working life before the commencement of the performance shall receive a maintenance allowance instead of the transitional allowance; this shall not apply to those who have been damaged within the meaning of the second sentence of paragraph 2. The maintenance allowance shall apply in accordance with the provisions relating to the provision of benefits for the purposes of the granting of educational aid; § 25d (2) does not apply to full-year employment. In the case of persons who are damaged in a rehabilitation facility, the calculation of the maintenance allowance is only a reasonable amount to pay additional additional needs and expenses from ongoing independent claims. (4) In addition to benefits under § 26, additional assistance for the provision of war victims shall be considered, transitional allowance and maintenance allowance shall be deemed to be income. Unofficial table of contents

§ 26b

(1) Hospital assistance shall be granted to persons who have been damaged and survivors in addition to the benefits of treatment for the treatment of health and medical care under this Act. § § 10 to 24a shall remain unaffected. (2) The hospital assistance shall include medical and dental treatment, treatment with medicinal products, bandage and dentures, hospital treatment, as well as other for recovery, improvement or alleviation of the Sickness benefits required. As a rule, the services are intended to correspond to the benefits provided under the statutory health insurance regulations. (3) Doctors and dentists are entitled to pay for their benefits, which are the local sickness insurance fund, in the whose area the doctor or dentist is established to pay for their members. The sick person has a free choice among physicians and dentists who are willing to receive medical or dental care under the aid of the hospital for the remuneration referred to in the first sentence. (4) After the illness has been received, the patient has to be given the right to receive medical or dental treatment. for a period of three months, either permanent hospital or due to the particular gravity of the patient's medical care, must be applied in the determination of the income limit § 27d (5), first sentence, no. 1. Unofficial table of contents

Section 26c

(1) Damaged and surviving persons who, because of a physical, mental or mental illness or disability, for the normal and regular recurrent directions in the course of daily life in the long term, are likely to be for at least six months, to a significant or greater extent, assistance shall be provided in the care of the care. Assistance for care shall also be provided to the sick and disabled persons who are likely to be in need of care for less than six months, or who are less than required by the first sentence, or who are in need of assistance in other directions than those referred to in paragraph 5 of this Article. For the services provided for a stationary or part-stationary facility, this applies only if it is necessary according to the specific nature of the individual case, in particular out-patient or part-time aid, which are not reasonable or are not sufficient. § 35 remains unaffected. (2) The assistance for care includes home care, nursing aids, partial care, short-term care and inpatient care. The content of the benefits provided for in the first sentence is determined in accordance with the provisions of the Social Care Insurance for the benefits listed in § 28 (1) No. 1, 5 to 8 of the Eleventh Book of the Social Code; § 28 (4) of the Eleventh Book of Social Code applies (3) Diseases or disabilities within the meaning of paragraph 1 are:

1.

Loss, paralysis or other malfunctions in the musculos-musculos-musculosa,

2.

Functional disorders of the internal organs or of the sensory organs,

3.

disorders of the central nervous system, such as driving, memory or orientation disorders, as well as endogenous psychoses, neuroses or mental disabilities,

4.

other diseases or disabilities, as a result of which persons are in need of care within the meaning of paragraph 1.

(4) The needs referred to in paragraph 1 shall consist of assistance, partial or complete adoption of the directions in the course of daily life, or supervision or guidance with the aim of taking over the same (5) Ordinary and recurrent directions within the meaning of paragraph 1 are:

1.

in the area of personal care, washing, shower, bathing, dental care, combing, shaving, emptying of bowels or blisters,

2.

in the field of nutrition, the right to food or to the intake of food,

3.

in the area of mobility, self-standing and to-bed walking, walking, walking, standing, climbing stairs or leaving and relocating the apartment,

4.

in the area of domestic supply, shopping, cooking, cleaning of the apartment, rinsing, changing and washing the laundry and clothes or heating.

(6) The regulation according to § 16 of the Eleventh Book of the Social Code, the guidelines of the caregivers according to § 17 of the Eleventh Book of Social Code, the ordinances according to § 30 of the Eleventh Book of the Social Code, the framework contracts, federal recommendations and -agreements on nursing care in accordance with § 75 of the Eleventh Book of the Social Code and the standards and principles for safeguarding and further developing the quality of care according to § 113 of the Eleventh Book of the Book of Social Law Definition of the concept of need for care, the content of the care provided, the accommodation and to the definition, level and adjustment of the care funds referred to in paragraph 8. The decision of the care fund on the extent of the need for care in accordance with the Eleventh Book of Social Code shall also be based on the decision taken in the context of the care assistance, provided that it is based on facts relating to both decisions to be taken in the case of both decisions. (7) In the case referred to in paragraph 1, shall the institution of the victims of war be concerned that the care, including the provision of domestic care, by persons close to the person in need of care should be taken into account; or by way of neighbourhood aid. The detailed rules shall be those of paragraphs 8 to 12. In a stationary or partially inpatient facility, care in need of care does not provide services for home care. The provisions of § 63 sentences 4 to 6 of the Twelfth Book of the Social Code apply accordingly. (8) Care-seekers who are in need of care in the personal care, nutrition or mobility of at least two directions from one or more areas at least once a day in need of assistance, and in addition several times a week in need of assistance in the provision of domestic services (significantly in need of care), a care allowance is given in accordance with § 37 (1) sentence 3 No. 1 of the Eleventh Book Social Code. People in need of care who need assistance at least three times a day at different times of the day in the area of personal care, nutrition or mobility, and in addition several times a week in the case of domestic economic aid. In accordance with § 37 (1) sentence 3, no. 2 of the Eleventh Book of Social Code, a care allowance is provided for care (in need of care). People in need of care who need help in the care of personal care, nutrition or mobility for several different directions every day, even at night, who need assistance and in addition need help with the domestic care several times a week (severely dependent persons), receive a care allowance according to § 37 (1) sentence 3 No. 3 of the Eleventh Book of the Social Code. In the case of children in need of care, the additional care required as a result of illness or disability in relation to a healthy, same-age child. (9) In the sense of paragraph 1, care in need of care is the appropriate expense for the caregier. , it is also possible to grant adequate aid and to take care of the care person for an adequate pension if it is not otherwise ensured. Where, in addition to or in place of the care provided for in the first sentence of paragraph 7, the use of a special care force is required, or advice or a temporary discharge is required for the carer, the appropriate costs shall be borne. In addition, the expenses for the contributions of a carer or a special nurse for an adequate retirement pension are to be reimbursed if they are not otherwise guaranteed. (10) The benefits referred to in paragraphs 2, 8 and 9, third sentence, shall not be provided to the extent to which care in need of similar benefits is provided in accordance with other provisions. The benefits are to be calculated: benefits under § 27d para. 1 no. 4 or similar benefits under other provisions of 70 of the hundred, care allowances according to the Eleventh Book of Social Code, however, to the extent to which they are provided. The benefits referred to in paragraph 9 shall be provided in addition to the benefits referred to in paragraph 8. If the benefits provided for in the first and second sentence of paragraph 9 or similar services are provided in accordance with other provisions, the care allowance may be reduced by up to two-thirds. In the case of part-time care of the person in need of care, the care allowance can be reduced appropriately. The benefits referred to in the first and second sentences of paragraph 9 shall not be provided in so far as the person in need of care is in a position to benefit from the corresponding services in accordance with other provisions. § 11 (3) of the Fifth Book of the Social Code, Section 34 (2), second sentence, of the Eleventh Book of the Social Code and § 66 (4), second sentence, of the Twelfth Book of the Social Code shall apply accordingly. In these cases, a care allowance, which is primarily due to the Eleventh Book of Social Code, is to be added to the benefits under § 26c (9) sentence 1 and 2. § 2 of the Twelfth Book of the Social Code remains unaffected. (11) In determining the income limit is

a)

in the case of care in a stationary facility, if it is likely to be required for a longer period of time, and in the case of home care, if the severity of the helplessness referred to in the first or second sentence of paragraph 8 consists, section 27d (5), first sentence, point 1, and sentence 2,

b)

in the case of the care allowance referred to in the third sentence of paragraph 8, section 27d (5) sentence 1 (2), and § 27d (5) sentence 2 and 3

(12) In the case of assistance for a full-year child, employees have to use income and assets up to the amount of the amount according to § 27h (2) sentence 3, insofar as the income is the income limit applicable to the benefit in accordance with Section 25e (1) or Section 26c (11) or the assets exceed the asset limit in accordance with § 25f. Unofficial table of contents

Section 26d

(1) Damaged and survivors with their own budget shall receive benefits for the continuation of the budget if none of the members of the household is able to carry the budget and the continuation of the budget is required. As a rule, the services are to be provided only temporarily. Sentence 2 does not apply if the services can be used to prevent or postpone accommodation in a stationary institution. (2) Services include the personal care of household members as well as the other for the continuation of the service. (3) § 26c (7) Sentence 1 and (9) sentences 1 and 2 shall apply. (4) The benefits may also be provided by the assumption of reasonable costs of temporary accommodation of household members. provided that, in special cases, this accommodation is not To continue the budget. Unofficial table of contents

Section 26e

(1) Assistance for the elderly should be provided in addition to the benefits provided for by the other provisions of this Act. It is intended to help prevent, overcome or overcome difficulties caused by old age, and to make it possible for those who are affected and those who have died in old age to be able to participate in life in the Community. (2) For the elderly, the following are particularly suitable:

1.

Services in the procurement and maintenance of an apartment that meets the needs of the elderly,

2.

Advice and support in all questions of admission to a facility that serves the care of old people,

3.

Benefits in all matters relating to the use of age-appropriate services,

4.

Services to visit events or institutions that serve the sociability, entertainment, education or cultural needs of old people,

5.

Services that allow old people to connect with people close to them,

6.

Services to other activities and to social commitment.

(3) Services referred to in paragraph 1 shall also be provided if they are intended to prepare for age. (4) Assistance for the elderly should be provided without regard to any income or property existing, insofar as advice and support are provided in individual cases. is required. Unofficial table of contents

§ 27

(1) Education allowance shall be granted

a)

Orphans, pensions or orphan aid under this Act; and

b)

Damaged, the basic pension in accordance with § 31, for their children as well as for children within the meaning of § 25 para. 4 sentence 2 no. 3.

Section 25 (3) sentence 2 shall apply accordingly.
The education allowance is intended to provide education for physical, mental and moral skills, as well as an appropriate education and training training appropriate to the facilities and skills. (2) Education allowance is provided, in so far as the reasonable need for education, training and livelihood is due to the income and assets of the orphans and their parents, or to the income and wealth to be employed, and to their children, in the sense of The first sentence of paragraph 1 (b) shall not be covered. The costs of accommodation in the family are not taken into account in determining the livelihood requirements. Section 25e (1) must be applied with the proviso that a family surcharge shall not be applied to the child or the orphan for which the education allowance is made or to be provided; this shall also apply in the cases of the first sentence of the first sentence and the case of the first half sentence. Determination of the income limit for the spouse or life partner of the spouse and the spouse or life partner of the orphan pursuant to § 25d paragraph 2 sentence 1. The income of the orphan and the child of the damaged person shall be fully employed, except for the income earned during the course of the training, to the extent that it is not remuneration and, in the calendar year, seven of the hundred of the amount of the amount of the tax does not exceed. The income of the child shall also be the income of his spouse or partner in so far as it exceeds the income limit to be determined for him pursuant to Article 25e (1); if an amount of maintenance is determined by court, the following shall be based on the income of the child. Benefits income of the child. Damage to a care allowance is to be paid at least in the amount of the costs of education and training. (3) The income of the parent of the orphan, the income of the person who has been damaged, the income of the person who is responsible for the care, is to be provided with the income of the child. Spouse or life partner of the orphan or the income of the spouse or life partner of the child of the person who is responsible for the income limit applicable to them, is the excess amount to be paid on

a)

the orphan and the other dependant on the parent,

b)

the child of the person who has been damaged and the other dependant on the person who has been damaged,

c)

the orphan and the other person in relation to the spouse of the orphan,

d)

the child of the damaged person and the other person in relation to the spouse of the child of the dependent dependant

to be divided equally. The proportion falling on the orphan or child of the damaged person is to be used as income. (4) Education allowance is damaged at the most until the completion of the 27. age of the child. However, in the event of an interruption or delay in school or vocational training by fulfilling the child's legal or civil service obligation, the education allowance shall be higher than the 27. In addition to the period corresponding to the period during which this service is to be provided. Sentence 2 shall apply mutas

1.

for members of the Federal Armed Forces and the Police Service, who have voluntarily committed themselves for a period of no more than three years, and

2.

for the activity within the meaning of Section 1 (1) of the Development Helpers Act

for a period corresponding to the duration of the basic service. (5) Education allowance can be provided if compensation is paid in accordance with § 89 instead of the employment pension, orphan pension or orphan allowance. (6) The usual training may be provided Reasons not to represent those who have been damaged, their children or orphans, not with the completion of the 27. It is also possible to continue to provide education aid beyond that date. Unofficial table of contents

§ 27a

Additional support for the livelihood is to be provided to employees and survivors, in so far as the livelihood cannot be disputed from the remaining benefits under this law and the income and assets to be used. The provisions of the third chapter of the Twelfth Book of the Social Code shall apply in accordance with the provisions of the third chapter of the Twelfth Book of Social Code, taking into account the particular situation of the damaged or surviving dependants. By way of derogation from § 50 of the Tenth Book of Social Code, 56 shall not be reimbursed by the hundred of the costs of the accommodation taken into account in the case of the service referred to in the first sentence, with the exception of the costs of heating and hot water supply. Sentence 3 shall not apply in the case of Section 45 (2) sentence 3 of the Tenth Book of Social Code or if, in addition to the benefit provided for in the first sentence, housing benefits have been simultaneously provided in accordance with the Housing Act. Unofficial table of contents

§ 27b

(1) Recovery assistance shall be granted to persons who are responsible for themselves and to their spouse or partner, and to survivors as a recreational stay, if the recreational activity necessary for the maintenance of health or work capacity is necessary, the intended form of the In the case of damage caused by the recognised damage caused by the damage; in the case of damage to the damage, the relationship between the approved damage sequences and the damage caused by the damage is likely to be the case. (2) The duration of the Recreation is to be calculated in such a way that the success of recovery is as sustainable as possible; it should be three weeks, however, it must not normally exceed this period. In general, additional recreational assistance is not to be provided before the end of two years. (3) expenses of those seeking recovery, which will be spared during the period of recovery for the home living, will be reduced to the needs of the . Additional minor expenses incurred by those seeking recovery through the recreation period must be taken into account as special needs and can be paid off by lump sums. (4) During the implementation of the recreational measure, the ensure that adequate provision is made for children and those who are in need of care. (5) In the event of a permanent monitoring, the need for recovery assistance should also include the need to take care of the needs of those who are in need of care. Accompanying person. Unofficial table of contents

§ 27c

Housing assistance is given to Damaged and Survivors. The housing assistance consists of counselling in housing and settlement matters as well as in the participation in the procurement and preservation of adequate and healthy living space. Cash benefits shall only be provided if the apartment of a severely damaged person requires special design or alteration in consideration of the nature and seriousness of the injury or if the severely damaged, widower, widower or survivor's A life partner shall apply for housing assistance within five years from the date of its first arrival in the scope of this law, and a cash benefit is justified by the specific nature of the individual case. Unofficial table of contents

§ 27d

(1) Damage and survivors are given as aid in special circumstances.

1.

help in building or securing the livelihood,

2.

health aids,

3.

Integration aid for disabled people,

4.

Blindenhilfe,

5.

Help to overcome special social difficulties.

(2) Services can also be provided in other special circumstances where they justify the use of public funds, taking into account the purpose of the victims of war. (3) For the aid in special circumstances, § § 47, 49 to 52, the sixth and eighth chapters, as well as sections 72, 74, 88 (2) and 92 (2) of the Twelfth Book of the Social Code, taking into account the particular situation of the damaged or surviving dependants. § § 10 to 24a shall remain unaffected. Blind aid is only possible unless a care allowance is provided in accordance with § 35 due to the blindness caused by damage caused by damage. If blind people receive a care allowance in accordance with § 35 for other reasons, they are credited to the Blind Help up to the extent mentioned in § 72 (1) sentence 2 of the 12th Book of Social Code. Benefits according to § 43a of the Eleventh Book of the Social Code and similar services under other provisions shall apply to the benefits of the victims of war. (4) The provisions of paragraphs 1 to 3 shall also apply to survivors who are responsible for obstructing the assistance (5) In the case of the fixing of the income limit, a basic amount shall be paid to the body of the basic amount pursuant to Article 25e (1) (1)

1.

of 4.25 of the hundred of the amount of the assessment in the cases

a)

the inclusion aid for disabled persons in accordance with § 53 (1) sentence 1 of the Twelfth Book of the Social Code in a stationary or partially inpatient institution,

b)

supplying the persons referred to in § 53 (1) sentence 1 of the Twelfth Book of the Social Code with body replacement parts as well as with major orthopaedic or larger other means of relief (§ 31 of the Ninth Book Social Code),

c)

Assistance for care in a stationary or partially inpatient facility if it is likely to be required for a longer period of time, and in the case of home care, if the severity of the need for care referred to in § 26c (8) sentence 1 and 2 ,

2.

of 8.5 of the hundred of the amount of the assessment in the cases

a)

the Blind Aid in accordance with § 72 of the Twelfth Book of the Social Code,

b)

of the care money according to § 26c (8) sentence 3.

The family surcharge is 40 of the hundred of the basic amount of § 25e para. 1 no. 1. In the case of the non-separated spouses or life partners, the family surcharge in the cases of the first sentence of sentence 1 shall be half the basic amount of the first sentence of sentence 1, if both life partners are blind or disabled within the meaning of Article 1 (1) sentence 2 of the (6) Larger orthopaedic or larger other aids within the meaning of the first sentence of paragraph 5, point 1 (b), are those whose price is at least 180 euros. The benefits in accordance with § 8 (1), § 9 (2) and § 10 (6) of the Inclusion Aid Regulation apply as aid within the meaning of the first sentence of paragraph 5 (1) (1) (b); the same applies to the special assistance provided for in Article 28 (1) (2) of the Regulation on (7) In the case of the integration assistance for a disabled child, Section 26c (12) applies mutatis-ly. Unofficial table of contents

§ 27e

For recipients of a care allowance in accordance with § 35 and for those who have been damaged, the degree of damage caused by tuberculosis or facial expressions alone is at least 50, as well as for brain damage, the main welfare authorities have the benefits of To provide the victims of the war with due regard for effective special care. Unofficial table of contents

§ 27f

The Federal Government is authorized, with the consent of the Federal Council, to determine the nature, extent and duration of the services of the victims of the victims of war (§ § 25 to 27e) as well as the procedure with the consent of the Federal Council. Unofficial table of contents

§ 27g

(1) If there is a claim against another who is not a service provider within the meaning of § 12 of the First Book of Social Code, Damaged or survivors for the period for which the benefits of the victims of war are provided, the institution of the The provision of a military service by means of a written notification to the other person shall mean that this claim is transferred to him up to the level of his expenses. The transfer of the claim may only be effected in so far as the assistance has not been provided in the case of timely performance of the other or, as the persons entitled to benefit under Section 25c (1) sentence 2 or (2), the expenses to be replaced or to be They have. The transition is not precluded by the fact that the claims cannot be transferred, pledged or cared for. Section 115 of the Tenth Book of the Social Code provides for the provision of the first sentence of paragraph 1. (2) The written advertisement brings about the transition of the claims for the period for which the damaged or surviving benefits of the victims of the war are not Interruption shall be provided for a period of more than two months. (3) (4) (dropped) Unofficial table of contents

§ 27h

(1) If an employee or survivor is entitled to a maintenance entitlement for the time for which assistance is provided under the civil law, he/she shall be entitled to the amount of the expenses incurred together with the maintenance entitlement to the right to claim the right to maintenance. Carriers of the victims of war. The transfer of the claim is excluded insofar as the maintenance entitlement is fulfilled by current payments. The same shall apply where maintenance is related to damaged or surviving dependants in the second or more distant degrees, as well as for maintenance claims against relatives of the first degree of a damaged or surviving survivor who is pregnant is or their physical child is up to the completion of the 6. Years of life. § 115 of the Tenth Book of the Social Code is subject to the provisions of the first sentence of paragraph 1. (2) The claim shall only apply to the extent to which those who have been damaged and survivors have their income and property in accordance with the provisions of Section 25e (1), § 25f (1) to (4), (b) and (4) (b). 4, § 26c (11) and Section 27d (5) shall be used. The transfer of the right to a person under civil law to be subject to maintenance is excluded if this would mean an undue hardship. The right of full-year dependants, who receive integration assistance or assistance for care, to their parents is only in the amount of up to 26 euros per month because of benefits pursuant to § § 26c and 27d, because of benefits under § 27a only in Up to 20 Euro per month. It shall be presumed that the claim will be transferred to the amount of the said amounts and that a number of maintenance persons shall be liable to the same parts; the presumption may be refuted. The amounts referred to in the third sentence change at the same time and by the same percentage as the child's allowance is changed. (3) For the past, the institution of the war victim's allowance may be subject to the excess of the amount of the child's allowance. The requirements of civil law require only the period of time for which the person has given notice of the assistance in writing to the person responsible for the maintenance of the aid. If the aid is expected to be granted for a longer period of time, the carrier of the victims of war can also complain to future benefits up to the amount of the previous monthly expenses. (4) The carrier of the victims of war can take the action on him shall, in agreement with the persons entitled to benefit, retransmit the subsisted entitlement to the claim for judicial enforcement and resign from the claim to the maintenance claim. Costs which are the responsibility of persons who are entitled to bear the burden themselves shall be taken over. The rights referred to in paragraphs 1 to 3 shall be taken in the civil law procedure. Unofficial table of contents

§ 27i

The reimbursable institution of the victims of the victims of war may pursue the determination of a social benefit and may appeal. The expiry of the time-limits which have elapsed without his fault shall not be effective against him; this shall not apply to the procedural deadlines, to the extent that the institution of the victims of the victims of war operates the procedure itself. Unofficial table of contents

§ 27j

Persons in need of care who, until 31 March 1995, in accordance with Section 26c (6) in the version in force until 31 March 1995 have received care allowance, will continue to receive the care allowance in so far as they are entitled to the care allowance in accordance with § 37 of the Eleventh Book of Social Code , and notwithstanding § 26c, the applicable provisions of the Federal Law of Supply do not exclude the provision of benefits; in this case, an invoice of the cash benefit remains in accordance with § 57 of the Fifth Book of the Social Code in the up to 31 March 1995 shall be disregarded. The same applies to those in need of care who, until 31 March 1995, are in charge of care allowance pursuant to Section 26c (6) in the version valid up to 31 March 1995 and in addition benefits for domestic care pursuant to this Act, therefore lower Benefits for domestic services under this Act are obtained because the part of the care allowance paid on the domestic supply is credited according to the Eleventh Book of the Social Code. Unofficial table of contents

§ 28

(dropped)

Damaged pension

Unofficial table of contents

§ 29

If benefits for medical rehabilitation or participation in the working life are promising and reasonable, a claim for a hearing assessment of the degree of the consequences of damage pursuant to section 30, para. 2, for compensation for professional damages as well as on the basis of professional indemnity, shall be established. Compensatory pension at the earliest in the month in which these measures are completed. Unofficial table of contents

§ 30

(1) The extent of the consequences of the damage shall be in all areas of life in accordance with the general effects of the impairment of function caused by the physical, mental or mental health disorders recognised as a consequence of the damage caused by the damage to the Commission. The degree of damage sequences is to be measured according to degrees of magnitude of 10 to 100; a degree of damage sequences of up to five degrees lower than the degree of damage of the degree of damage is of the higher degree of ten. Temporary health disorders shall not be taken into account; a period of up to six months shall be considered to be temporary. In the case of damaged children and adolescents, the degree of damage to the damage is to be measured according to the degree to which adults with the same health disorder are affected, in so far as the children and adolescents are not in a position to be in a position to be worse. In the case of significant external damage to health, minimum levels may be fixed. (2) The extent of the consequences of the damage shall be higher if the damage caused by the nature of the consequences of the damage in the event of injury or commenced occupation, in the case of can be identified or particularly affected in the profession, which has been or is still being carried out after the injury has entered into force. In particular, this is the case where:

1.

cannot be carried out on the basis of the injury which has been carried out to date, which has been sought, or which has been proven to be verifiable, or which is of an equivalent social value;

2.

whereas, although the profession which was carried out or started before the injury was continued or the profession sought to be proven was achieved, the nature of the consequences of the damage caused damage to the profession in that profession to a much greater extent than in the case of the General working life is impaired, or

3.

the injury has prevented the further rise in the profession from being detected.

(3) Pension beneficiaries whose income from current or past activity is mitigated by the consequences of the damage shall, after application of the provisions of paragraph 2, receive a compensation of 42.5 from the hundred of the euro to the full Loss of income (paragraph 4) or, if it is more favourable, a compensation for the loss of income under paragraph 6. (4) Income loss is the difference between the current gross income of current or previous activity plus the compensatory pension (current income) and the higher Comparison income. By way of derogation from the first sentence of the calculation of the loss of income, the compensation pension shall be used to base the compensatory pension which shall be based on the right to a pension influenced in the amount of income on account of death in accordance with the provisions of other social benefit areas. without taking this pension into account for death. If the pension is reduced from the statutory pension insurance scheme, because in a period of time in the past, which does not cover more than half of the working life, the income of the pension has been reduced due to damage, the Reduction of pensions by way of derogation from the first sentence of the loss of income. The extent of the reduction shall be determined by the calculation of the pension calculation for damaged charges, which are not taken into account in the periods in which the income of the employment of the damaged persons is reduced. (5) The comparison income is calculated according to the rates 2 to 5. In order to determine the average income, the basic salaries of the grades of the Bundesbesoldungsordnung A are to be derived from the last three calendar years preceding the adjustment. Amounts of the average income up to 0.49 Euro are to be rounded off to the full Euro and to the full Euro of 0.50 Euro. The average of the three years is to update the sum of the percentages by which the average remuneration of the statutory pension insurance has changed in the two calendar years prior to the adjustment. The comparison income is relevant in each case from the date of the pension adjustment. It is to be determined by the Federal Ministry of Labour and Social Affairs and published in the Federal Gazette (Bundesanzeiger); the amounts are to be rounded up to full euros. By way of derogation from sentences 1 to 5, the comparative income of Tables 1 to 4 shall be the Notice of 14 May 1996 (BAnz. 6419), for the period from 1 July 1997 to 30 June 1998, by adjusting the values published there with the percentage of the percentage determined in the first sentence of Article 56 (1); the second sentence of the second sentence shall apply accordingly. (6) Compensation for the injury of the profession the last sentence of paragraph 3 is the net amount of the comparative income (paragraph 7) less the net income of current or former employment (paragraph 8), the equalisation pension (§ § 32, 33) and the spouse allowance (§ 33a). (7) The net amount of the settlement income shall be paid in the case of persons born after 30 June 1927 for the period up to the end of the month in which they are also excreted without injury to the labour force but, at the latest, by the end of the month in which the employment of the 65. Year of life completed, lump sum determined by comparing income

1.

in the case of married persons, by 18 of the hundred, the part which surpassed 716 euro by 36 of the hundred and the part which surpassed EUR 1 790 by 40 of the hundred,

2.

in the case of unmarried persons, by 18 of the hundred, the part surmounting the 460 euro by 40 of the hundred and the part surpassed by EUR 1 380 by 49 of the hundred

is diminished. In other respects, 50% of the income is calculated as its net amount. (8) The net income of current or past employment is calculated on a flat-rate basis from the current gross income, by:

1.

the gross income from present employment is reduced by the percentages referred to in the first and second sentence of paragraph 7;

2.

Pensions under the statutory pension scheme and old-age pensions, pensions due to reduced earning capacity and land pension rights under the old-age pension law of the farmers are reduced by the percentage of persons who are responsible for the assessment of the pension the contribution of social care insurance (§ 55 of the Eleventh Book of Social Code), and by half of the percentage of the general contribution rate of the health insurance funds (§ 241 of the Fifth Book of Social Code), which is due to be published on 1 January In this respect, the rates of contributions shall be valid from 1 July of the current Calendar year up to 30 June of the following calendar year,

3.

other cash benefits provided by service providers (§ 12 of the First Book of the Social Code) with the net amount, and

4.

the remaining gross income shall be reduced by the percentages referred to in point 2 and in addition by 19 from the hundred of the amount of 562 euro; the last half-sentence shall be the same as in point 2.

In the cases referred to in paragraph 11, the net income within the meaning of the first sentence shall be replaced by the net amount of the average income as determined in accordance with paragraph 7. (9) The compensation for the occupational injury referred to in paragraph 6 shall be in the cases of a reduction in pensions in the sense of of the third sentence of paragraph 4 only if the periods of working life in which the earned income was not diminished due to damage were covered by a statutory or equivalent pension scheme. (10) The Compensation for professional damage shall be calculated exclusively in accordance with paragraph 6 if the application for the first time is after the 21 December 2007. In addition, the competent authority shall, for the last time on the date referred to in the first sentence, determine the determination of the favourable situation as referred to in paragraph 3, thereby determining the type of calculation to be applied for the future. (11) If the effects of damage independent of damage are ex post or events, in particular by the entry into force of a health disorder which is independent of damage, the gross income arising from current activity is likely to be reduced in the long term (after-injury), the basic salary of the Grade A, of the Bundesbesoldungsordnung A, of the Damaged without the secondary damage; unemployment or age-related retirement from the working life does not in principle be considered as a secondary damage. If a further loss-related income loss occurs after the secondary damage, this average income shall be reduced accordingly. If, on the other hand, the damage caused by the damage to the person's working life is due to the damage, the compensation for damages is calculated in accordance with paragraphs 3 to 8. (12) Residents who are entitled to a pension, who have a common household with their spouse or As a result of the damage suffered by a living partner, a relative or a child or a foster child, or without causing the injury, an amount equal to half of the additional expenditure necessary for the consequences of the injury shall be obtained as a compensation for the damage caused by the injury. the management of the common budget. (13) Is the basic pension for special The right to compensation for professional damages shall be based on the amount of the additional amount obtained by the increase in the basic pension pursuant to section 31 (1) sentence 1. The same applies if the basic pension has been increased in accordance with Section 31 (4) sentence 2. (14) The Federal Government is authorized to determine by means of a decree law with the consent of the Federal Council:

a)

the basis for comparison and the way in which it is to be used to determine the loss of income;

b)

how the loss of income is to be determined in the event of injury sustained before the completion of school education or the commencement of vocational training,

c)

how to compensate for the compensation of the professional indebted persons, where the person who has been damaged would have carried out further professional activities or had a common household within the meaning of paragraph 12 without injury, in addition to a professional activity,

d)

which is the current gross income or average income within the meaning of paragraph 11 and section 64c (2) sentences 2 and 3, and which income is not taken into account in the determination of the loss of income,

e)

as in special cases, the net income is to be determined by way of derogation from the first sentence of paragraph 8 (3) and (4).

(15) If, before 1 July 1989, a decision has already been taken on the right to compensation for the right to compensation for the period after retirement, it shall remain in respect of the question as to whether the first sentence of paragraph 4 is to be applied to the question whether: (16) The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Defence and with the consent of the Federal Council, to draw up, by means of a legal regulation, the principles governing the use of medical assessment of damage sequences and the determination of the degree of the The consequences of damage within the meaning of paragraph 1 are decisive, as well as the principles governing the recognition of a health disorder in accordance with § 1 (3) and the criteria for the evaluation of the helplessness and the steps of the care allowance in accordance with § 35 (1) , and to regulate the procedure for their identification and development. Unofficial table of contents

Section 31

(1) Damaged will receive a monthly basic pension at a degree of damage consequences

of 30	in the amount of EUR 132,
of 40	in the amount of 181 euro,
of 50	in the amount of 243 euro,
of 60	in the amount of 307 euros,
of 70	EUR 426,
of 80	in the amount of 515 Euro,
of 90	EUR 619,
of 100	in the amount of 693 euros.

The basic pension increases for heavy damage, which is the 65. have been completed with a degree of damage

of 50 and 60	by 27 euros,
of 70 and 80	at 34 euros,
of at least 90	by 41 euros.

(2) Severe damage occurs if a degree of damage to the damage is determined by at least 50. (3) Damage in which blindness is recognised as a consequence of injury shall always receive the pension after a degree of damage to the damage of 100. Damage to a care allowance shall always be considered to be a serious damage. You will receive at least one care after one degree of damage consequences of 50. (4) Damaged with a degree of damage consequences of 100, which have been exceptionally affected by the recognized damage consequences of health, receive a Monthly heavy-duty allowance granted in the following stages:

Level I	80 Euro,
Tier II	165 Euro,
Tier III	246 Euro,
Tier IV	329 Euro,
Level V	410 euros,
Tier VI	494 euros.

The Federal Government is authorized, with the consent of the Federal Council, to determine in more detail the group of persons who are exceptionally affected by the consequences of his damage, as well as his classification in steps I to VI by means of a decree law. Unofficial table of contents

Section 32

(1) severely damaged persons receive a compensatory pension if, as a result of their state of health or of a high age or of any other reason not to be held by them, they do not work or only to a limited extent for their reasonable employment or only with an above-average amount of power. (2) The full compensation pension shall be monthly with a degree of damage

of 50 or 60	426 Euro,
of 70 or 80	515 Euro,
of 90	619 Euro,
of 100	693 euros.

Unofficial table of contents

§ 33

(1) The full compensation pension shall be reduced by the income to be calculated. On the basis of gross income, it shall be determined in stages, in accordance with the legal regulation to be adopted in accordance with paragraph 6, in such a way that:

a)

in the case of income from present employment, an amount equal to 1.5 per cent and, for the rest of the income, an amount equal to 0,65 from the hundred of the amount of EUR 29 978, rounded up to the full euro, shall remain free of charge. (free amount) and

b)

the damaged person shall be entitled to a degree of damage to the damage of 100 compensatory pension only if his income from present employment is lower than an amount equal to one twelfth or his other income is lower than an amount equal to that of a twelfth or other income Amount equal to one-twentieth of the amount referred to in point (a), rounded up to full euro (income limit); this income limit shall also include the amounts of gross income equal to those of the said amounts; together.

(2) Income from present employment within the meaning of paragraph 1 shall be income from:

a)

Non-self-employed work within the meaning of Section 19 (1) (1) of the Income Tax Act,

b)

Agriculture and forestry,

c)

Industrial operations,

d)

self-employed activity and

Supply sickness benefit, sickness benefit and injury allowance, provided that these benefits are not calculated according to a previously-related unemployment benefit or maintenance allowance according to the Third Book of Social Code. In the case of supply sickness benefit, sickness benefit and injury benefit, the income from present employment shall be the gross income which underlies the calculation of this benefit, if necessary from the date of adjustment of the benefit to be increased. by the percentage by which the amount of the tax was last adjusted in accordance with Section 56 (1) sentence 2. The income from current employment as referred to in paragraph 1 also includes parental benefit in the sense of the Federal Elder's Money and Parental Leave Act, in the amount of the amount paid in each case, which is the relevant amount in accordance with § 10 of the Federal Elder's Money and Parental Leave Act. The parental allowance payable and paid for one month of life shall be fully counted in the calendar month in which the beginning of the month of life is situated. (3) In the light of the figures, the income shall not be determined in terms of the number of the parental benefits. (4) recipients of a care allowance receive at least half of the full compensation pension, recipients of a care allowance of at least Level III the full compensation pension, even if the nursing allowance according to § 35 (4) does not apply. (5) The Federal Government shall be entitled to: to determine the approval of the Federal Council in more detail by means of a legal regulation,

a)

what is considered to be an income and what income is not taken into account when the compensatory pension is established,

b)

how gross income is to be determined.

(6) The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to adopt the legal regulation on the income to be calculated in accordance with paragraph 1. The amounts to be calculated shall be indicated in a table broken down by a degree of damage sequences of 100 in 200 stages, and the values determined shall also apply to the other groups of employment groups. The amount to which the individual stage is sufficient shall be determined by multiplying the number of levels by the two-hundredth part of the amount reduced by the allowance (paragraph 1 (a)) as referred to in point (b) of paragraph 1, and by the amount of the sum of the sum of the sum of the sum of the number of stuffed Euro rounded off product is added to the free amount. The amount of the income to be calculated, allocated to each stage, shall be determined by the number of steps in the two-hundredth part of the amount of the full compensation pension for those who have been damaged by a degree of the consequences of the damage of 100 and the product will be rounded off to the full euro. In addition, the legal regulation may determine the application of the table and may indicate the amounts of the compensatory pension to which it is entitled. Unofficial table of contents

§ 33a

(1) For the spouse or life partner, severely damaged persons receive a supplement of 77 Euro per month. The supplement shall also be awarded to severely damaged persons whose marriage or civil partnership has been dissolved or annulled if they provide in their own household for a child within the meaning of section 33b (1) sentence 1 and paragraphs 2 to 4. If no compensatory pension is available, Section 33 shall apply mutatily with the following conditions:

a)

The income to be calculated must be taken into account only in so far as it has not already led to the elimination of the compensatory pension.

b)

Section 33 (1), second sentence, point (b) shall not apply.

(2) All recipients of a care allowance are awarded the full supplement, even if the care allowance is not paid in accordance with § 35 para. 4 or rests pursuant to § 65 (1). Unofficial table of contents

§ 33b

(1) severely damaged children receive a child surcharge for each child. This does not apply if the same child is entitled to child benefit or benefits within the meaning of § 4 (1) sentence 1 no. 1 of the Federal Children's Money Act or is entitled to a child allowance under the Income Tax Act. (2) Children are also considered to be children. In the household of the damaged stepchildren or children of the life partner. Children who, with the aim of acceptance as a child, are admitted to the care of the accepting person and for whom the consent of the parents is given for acceptance, shall be considered as children of the accepting and no longer as children of the physical Parents. (3) In order to fulfil the conditions set out in paragraphs 1 and 2 for the same child, the child surcharge shall be granted only once. The person who mainly entertains the child is eligible. If the child does not have the majority of the child, § 3 para. 2 of the Federal Child Money Act is applied. (4) The child surcharge shall be applied until the completion of the 18. Year of life. It is in the same way after completion of the 18. for a child to be granted a year of life

1.

not yet the 21. is completed, is not in an employment relationship and has been reported as a job seeker to an agency for work in Germany,

2.

not yet the 27. has been completed and has been completed

a)

is in a school or vocational training course, which is primarily responsible for its work force and is not linked to the payment of remuneration, remuneration or other benefits at the appropriate level, or

b)

is in a transitional period of, as a general rule, seven calendar months, between two stages of training or between a training section and the payment of the legal or civil service, one of the teaching or training periods, or civil service or the provision of a voluntary service within the meaning of point (d); or

c)

vocational training cannot start or continue in the absence of training places, or

d)

a voluntary social year or voluntary ecological year as defined in the Youth Voluntary Service Act or a voluntary service within the meaning of Decision No 1031 /2000/EC of the European Parliament and of the Council of 13 April 2000 on the Introduction of the Community action programme 'Youth' (OJ C 327, 1) or any other service abroad within the meaning of section 14b of the Civil Service Act or a development-policy voluntary service "weltwärts" within the meaning of the directive of the Federal Ministry for Economic Cooperation and Development and development of 1 August 2007 (BAnz. 1297) or a voluntary service of all generations in accordance with § 2 (1a) of the Seventh Book of the Social Code, or

3.

because of physical, mental or mental disabilities at the latest at the completion of the 27. Life year is unable to entertain itself as long as this condition lasts, about the completion of the 27. However, only if his/her spouse or life partner is unable to entertain it.

In the case of the application of sentence 1, § 32 (4) sentence 2 and 3 of the Income Tax Act or § 2 para. 2 sentence 2 and 3 of the Federal Children's Money Act shall apply accordingly. Had a child, that at the completion of the 27. In the event of a physical, mental or psychological disability, after that date, the child's surcharge shall be granted again if and as long as it is renewed on account of the same physical or mental capacity. is unable to entertain yourself. In the event of interruption or delay in school or vocational training by fulfilling a child's legal duty or civil service obligation within the meaning of sentence 2 (a), child surcharge shall be for one of the periods of this service the corresponding period of time over the 27. In addition, it must be granted. Sentence 5 shall apply in accordance with the military service to which a soldier has made a voluntary undertaking for a period of service of no more than three years, as well as to the military service to which the defence and civil service has been granted a free service. Activity as a development aid worker within the meaning of Section 1 (1) of the Development Helpers Act for a period of time corresponding to the duration of this service or of the activity, at most for the duration of the domestic statutory basic military service, at recognized conscientic objectors for the duration of the domestic legal Civil service over the 21. or 27. Year of life. If the statutory defence service or civil service is carried out in a Member State of the European Union or a State to which the Agreement on the European Economic Area applies, the duration of that service shall be the decisive factor. § 2 para. 2 sentence 2 to 7 of the Federal Children's Money Act shall apply accordingly. If school or vocational training is delayed for a reason which neither the child nor the child has to represent, the child surcharge shall be granted longer in accordance with the period of the proven delay. (5) The child surcharge shall be in the amount of the legal child's money. The surcharge shall be reduced by means of child subsidies or similar benefits paid or payable to the child. If no compensatory pension and no surcharge are to be applied in accordance with § 33a, § 33 shall apply mutatily with the following conditions:

a)

The income to be calculated must be taken into account only in so far as it has not already led to the elimination of the compensatory pension and the surcharge in accordance with Article 33a.

b)

Section 33 (1), second sentence, point (b) shall not apply.

Where children's surcharges are granted for several children, the income to be calculated in accordance with sentence 3 (a) shall be divided according to the ratio of the amounts of the individual child surcharges to each other. (6) In the case of recipients of a care allowance, even if the care allowance is not paid in accordance with § 35 (4) or in accordance with § 65 (1), the second sentence of the second sentence of paragraph 5 does not apply. For each child for which they do not receive a child allowance under paragraph 1, they shall be awarded a supplement equal to the statutory child's allowance provided for the first child. (7) Do not represent the child's representation in the child's personal affairs. The legal representative of the child may request the payment of the child surcharge per se. If the child is of the age of age, it can apply for payment to itself.

Footnote

§ 33b (6) sentence 2 iVm para. 2: In accordance with the decision formula with the GG, it is compatible with the GG. BVerfGE v. 28.6.1983 I 951-1 BvL 20/79- Unofficial table of contents

Section 34

(1) The compensatory pension shall be for the severely damaged before the completion of the 14. Life years up to 30 per cent, before the completion of the 18th century. (2) compensatory pension shall be granted only in so far as this is the case in accordance with the provisions of Article 32 (2) of the European Parliament and of the Council of the European Union. the economic conditions of the damaged and the dependants of the persons responsible for the maintenance of the employment. Apprentice remuneration of up to 77 euros per month remains unaccounted for.

Care allowance

Unofficial table of contents

§ 35

(1) As long as damaged persons are helpless as a result of the injury, a care allowance of 293 Euro (level I) is paid monthly. Helpless in the sense of sentence 1 are damaged if they are constantly in need of foreign aid for a number of frequently and regularly recurring directions in order to secure their personal existence in the course of each day. These conditions shall also be met if the assistance is required in the form of supervision or guidance on the directions referred to in the second sentence, or if the aid does not have to be provided in a permanent manner, but a constant willingness to take part in the Assistance is required. If the health disorder is so severe that it requires permanent hospital or permanent care, the care allowance shall be 500, 711, 912, 1 185 or 1, depending on the situation of the case, taking into account the extent of the care required. 457 Euro (stages II, III, IV, V and VI). In order to determine the helplessness and the stages of the care allowance, the principles set out in the regulation in accordance with Section 30 (17) are decisive. Blind persons receive at least the care allowance according to stage III. Brain damaged persons with a degree of damage consequences of 100 receive a care allowance at least in accordance with stage I. (2) Foreign aid within the meaning of paragraph 1 is provided by third parties on the basis of a contract of employment and exceeds the amount of the aid to be used for this purpose. the amount of the flat-rate care allowance referred to in paragraph 1 shall be increased by the excess amount. Life Damaged with their spouses, life partners or a parent in a domestic community, the care allowance is to be increased in such a way that only a quarter of the reasonable costs incurred by them from the flat-rate care allowance are to be increased. have to pay at least half of the flat-rate care allowance. In exceptional cases, the remaining share may be increased up to the full amount of the flat-rate care allowance if spouses, life partners, or a parent of nurses at least level V, in addition to the third parties, in exceptional circumstances Provide additional assistance. If the costs of foreign assistance are temporarily incurred, in particular as a result of illness of the carer, the care allowance shall be increased for a maximum of six weeks in excess of the second sentence in such a way that the allowance shall be paid for the flat-rate care allowance at the same level. as before the temporary rise in costs. Sentences 2 and 3 shall not apply if the spouse, life partner or parent does not only temporarily provide maintenance services; § 40a (3) sentence 3 applies. (3) During a stationary treatment, the care allowance shall be granted in accordance with paragraphs 1 and 2. Recipients of care allowance under stages I and II shall continue to be paid until the end of the first, the other recipients of care allowance until the end of the twelfth calendar month following the recording. (4) Beyond the date specified in paragraph 3 the care allowance shall be made during a steady-state treatment until the end of the calendar month the dismissal shall only be paid in so far as this is determined in the following sentences. A quarter of the flat-rate care allowance referred to in paragraph 1 shall be preserved if the spouse, life partner or parent has performed at least part of the care until the beginning of the inpatient treatment. In addition, the care allowance shall be paid up in the amount of the costs incurred as a result of a care contract, unless the costs would have been caused by a person who has been damaged in the event of consideration of all circumstances, in particular by dismissal of the costs. Care contracts, can be avoided. Recipients of a care allowance at least in accordance with stage III, to the extent that a greater involvement of the caregiver, which is already free of charge up to the start of the inpatient treatment, is medically necessary, by way of exception to the second sentence Care allowance up to the full amount referred to in paragraph 1, but not in the case of sentence 3 above the amount remaining out of the flat-rate care allowance in accordance with the second sentence of paragraph 2. (5) helplessness within the meaning of the first sentence of paragraph 1 shall, at the same time, enter into force with the Need for a steady-state treatment or during a steady-state treatment, no entitlement to care allowance for the period prior to the calendar month of dismissal. A care allowance shall be paid for this period, to the extent that this is determined in the following sentences. A care allowance equal to one-quarter of the flat-rate care allowance in accordance with level I shall be paid to damaged persons living with their spouses, life partners or a parent in the home community, to the extent that greater involvement of the spouses, A life partner or a parent, or the involvement of a person close to the person who is responsible for medical care, may, in exceptional cases, be assisted by a care allowance up to the level of the flat-rate care allowance by the level of the (6) For those who are responsible for the damage caused by the injury for the purposes of paragraph 1, where appropriate care cannot otherwise be ensured, the costs of not only temporary home care, provided that they include accommodation, catering and care, including necessary care, shall be required; shall be deducted from the pensions. However, in order to address other needs, an amount equal to the basic employment pension after one degree of the consequences of the damage of 100 and the relatives is at least equal to the amount of the employment of the persons who have been damaged. leave any survivor's pay which would be granted to them if damaged persons had died from the consequences of the injury. In the calculation of the salaries of the relatives, the income of the damaged persons shall also be taken into account, unless, exceptionally, it is to be used for other purposes, in particular the fulfilment of other maintenance obligations.

Funeral allowance

Unofficial table of contents

§ 36

(1) A funeral allowance shall be granted in the event of the death of a person entitled to a pension. It amounts to 1 674 euros if death is the result of injury, otherwise 838 euros. Death shall always be deemed to be the consequence of injury if a damaged person dies at a condition which is legally recognised as a consequence of injury and for which he was awarded the pension at the time of death. (2) at first the cost of the burial was disputed and paid to the person who was concerned about the burial. This shall also apply if the costs of the burial have been paid out of public funds. If an excess remains, then the spouse, the life partner, the children, the parents, the stepparents, the foster parents, the grandchildren, the grandparents, the siblings and the siblings are entitled to the right of reference if they are with the deceased person. at the time of death in the home community. In the absence of such persons, the surplus shall not be paid. (3) A non-pensionable employee dies in the consequences of injury, so a funeral allowance of up to € 1 674 shall be paid in so far as the costs of the burial have been incurred. (4) A performance to be granted under other statutory provisions for the same purpose shall be calculated on the basis of the funeral allowance. (5) In the event of a damage to the consequences of injury outside his permanent residence, the necessary To reimburse the cost of the corpse to the one who carried it. This does not apply if the death occurred during a stay abroad, but an aid may be granted. (6) If a damaged person dies during a steady-state treatment carried out under the provisions of this law, he shall not die. the consequences of injury shall be reimbursed to the former residence of the deceased person who carried them the necessary costs of the carcase.

Death money

Unofficial table of contents

Section 37

(1) In the event of the death of a damaged person, a death grant shall be paid in the amount of three times the pension payable to him for the month of death in accordance with § § 30 to 33, 34 and 35. Care allowance, however, at the most according to level II. Reductions in the deductions determined in accordance with the first sentence, which are caused by special services within the meaning of Section 60a (4), as well as increases in these references, which are based on reductions in income as a result of death, are not taken into account. (2) Eligibility in the following order of precedence are the spouse, the life partner, the children, the parents, the stepparents, the foster parents, the grandchildren, the grandparents, the siblings and the siblings, if they are in contact with the deceased at the time of death in of a domestic community. If the deceased has not lived with any of these persons in a domestic community, the death allowance shall be payable in the preceding order of precedence to the person who has maintained the deceased. (3) If the claimant does not exist within the meaning of paragraph 2, the death penalty shall not be present, the death grant can be paid to the person who has borne the costs of the last illness or burial or who has maintained the deceased until his death.

Survivors ' pension

Unofficial table of contents

§ 38

(1) If a damaged person has died from the consequences of injury, the widow, the surviving life partner, the orphans and the relatives of the ascending line shall be entitled to survivor's pension. Death shall always be deemed to be the consequence of injury if a damaged person dies at a condition which is legally recognised as a consequence of injury and for which he was granted pension at the time of death. (2) The widow or the survivor Life partners shall not be entitled to a marriage or a life partnership after the injury has been concluded and has not taken at least one year, unless the adoption does not apply in the particular circumstances of the case it is justified for the sole or predominant purpose of the marriage or the justification of the (3) A surviving life partner shall not be entitled to care if a widow, who at the time of death with the Damage, has been married, is entitled to a widow's supply. Unofficial table of contents

§ 39

- Unofficial table of contents

§ 40

The widow or surviving life partner receives a basic pension of 417 euros per month. Unofficial table of contents

§ 40a

(1) Widows or surviving partners whose income is less than half of the income the husband or the deceased life partner would have achieved without the injury shall receive a compensation of 42.5 from the hundred. the identified difference (paragraph 2) rounded up to full euro, or, if it is more favourable, a compensation in accordance with paragraph 4. Damage compensation shall only be granted if the widow or the surviving life partner fulfils the conditions set out in § 41 (1) sentence 1. Section 41 (1) sentence 2 shall apply. (2) The gross income obtained by the widow or the surviving life partner, plus the basic pension (§ 40), the care compensation (§ 40b) and the compensation pension, shall be established for the purpose of determining the compensation for the damage. (§ 41 or § § 32 and 33) of the half of the settlement income determined in accordance with Section 30 (5) from the basic salary of the grade of the Federal Order of Remuneration A, of the deceased person without the injury according to his living conditions, knowledge and It would probably have been assigned to the ability to face. (3) Deceased at the time of his death claim to the basic pension of a damaged person with a degree of damage consequences of 100 and on a care allowance at least after stage III due to not only temporary helplessness (§ 35) or to , if it is more favourable, by way of derogation from the provisions of paragraph 2, if it is more favourable, half of the final basic salary according to Article 30 (5) of the grade A 14 plus the family supplement by level 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) to base the comparison income. The same shall apply if the deceased could not claim these claims only because he had his residence or habitual residence in the territory referred to in Article 3 of the Agreement of Unity before 1 January 1991. A period of more than six months shall be deemed not to be temporary. A compensation calculated in accordance with the first sentence shall also be paid if the conditions laid down in the first sentence of paragraph 1 are not fulfilled. (4) The amount of compensation to be paid in accordance with the last sentence of paragraph 1 shall be 30 of the hundred of the comparative income in accordance with Section 30 (5) minus the net income of the widow or the surviving life partner, as well as the basic pension (§ 40), the compensation for care (§ 40b) and the compensation pension (§ 41 or § § 32 and 33). The net income shall be determined in accordance with § 30 (8) sentence 1. (5) The compensation shall be calculated exclusively in accordance with paragraph 4 if the application is submitted for the first time after 21 December 2007. This shall be without prejudice to the applicability of paragraph 3. Moreover, the competent authority shall, for the last time in accordance with the first sentence of the first sentence, make the determination of the favourable situation as referred to in the first sentence of paragraph 1 and thus determine the future method of calculation. (6) Article 30 (14) shall apply accordingly.

Footnote

§ 40a (1): In accordance with the decision-making formula with GG, incompatible with GG. BVerfGE v. 9.11.2004, 2005 I 1047-1 BvR 684/98- Unofficial table of contents

§ 40b

(1) The widow or surviving life partner of a damaged person who was helpless within the meaning of Section 35 (1) shall be compensated for if she has maintained the damaged person for more than 10 years during her marriage or life partnership. The period of care shall be the calendar months in which the damaged person was helpless in the sense of Section 35 (1) or the Damage during the marriage or the life partnership as a result of the injury at least in a level corresponding to stage II. was blind as a result of the injury. Calendar months in which the spouse or the life partner has not provided the care free of charge shall not be counted. This shall also apply in the case of calendar months in which a third party has been cared for more than a minor part of the care, unless this care activity of third parties has not taken longer than three months. The total period of care to be calculated shall be rounded up to full years. (2) For each year of the care period exceeding 10 years, the care allowance shall be 0.5 from the hundred of the amount of the care allowance in force at the date of commencement of the service, according to which the damaged person was entitled to a care allowance or which would have corresponded to the extent of his helplessness in accordance with Section 35 (1). In the event of a change in the level of care allowance, one twelfth of the amount shall be set in accordance with the first sentence for each calendar month. The compensation provided for in the first and second sentences of the first sentence of the first sentence of Article 56 (1), as far as the year 2000 is concerned, shall be adjusted with the percentage of the percentages given in § 56 (3); in this case, § 15, second sentence, second half-sentence shall be applied accordingly. (3) Paragraphs 1 and 2 shall apply to the parent within the meaning of section 35 (2). (4) A compensation of less than 10 euros per month shall be increased to this amount. (5) From 1 January 1991, the provisions of Article 3 of the agreement shall be amended. in accordance with paragraphs 1 to 3, by way of derogation from the provisions of the third sentence of paragraph 2 calculated in accordance with the amount of the nursing care allowance in force in that area, according to which the person responsible had the right to a care allowance or who would have complied with the extent of his helplessness pursuant to § 35 (1); in this connection, § 15 sentence 2 second half-sentence accordingly. As soon as it is to be applied in the territory referred to in Article 3 of the Agreement, the first sentence shall no longer apply. Unofficial table of contents

Section 41

(1) Countervailing pension shall be given to widows or surviving partners who

a)

have not only temporarily lost at least half of their earning capacity by disease or other infirmity; or

b)

have reached the age limit for the large widow's pension or widower's pension in accordance with the Sixth Book of Social Code, or

c)

provide for at least one child of the deceased person within the meaning of section 33b (2) or a child of his own who receives an orphan's pension under this law or in accordance with laws which provide for the appropriate application of this law or until the attainment of the age limit or until his marriage or establishment of a life partnership Waisenrente according to one of these laws or according to previous legislation on supply law.

Compensatory pension may also be granted if a widow or a surviving life partner is not able to pursue gainful employment for other compelling reasons. In the case of sentence 1 (a), § 29 applies. (2) The full compensation pension of the widow or the surviving life partner is 459 Euro per month. (3) The full compensation pension is to reduce the income to be calculated. On the basis of the gross income, this is to be determined in stages in accordance with the legal regulation to be adopted pursuant to sentence 4 in conjunction with Article 33 (6), in such a way that:

1.

in the case of income from present employment, an amount equal to 1 1583 of the hundred and, for the other income, an amount equal to 0,4325 from the hundred of the amount of the assessment (section 33 (1) (a)), rounded up to full euro, (free amount) and

2.

in the case of income from level 10 to the amount up to which the individual level is sufficient, and the individual distances between the amounts of the income to be paid, with the corresponding values of the legal regulation according to § 33 (6) of level 0 agree.

In the case of meetings of current gainful employment with other income, the two levels of numbers determined separately for each income group shall be counted and the sum of 1 April 1990 to 30 June 1990 shall be eight, of the 1. 1. from 1 July 1990 to 30 June 1991 by 6 and from 1 July 1991 to 30 June 1992 by 3, but at most by the lower of the two level numbers respectively. Section 33, para. 2, 3, 5 and 6 shall apply accordingly.

Footnote

Section 41 (1) Sentence 1 (1) (1) c: In accordance with the decision formula, incompatible with GG. BVerfGE v. 9.11.2004, 2005 I 1047-1 BvR 684/98- Unofficial table of contents

§ 42

(1) In the event of divorce, annulment or annulment of the marriage or the annulment of the life partnership, the former spouse or life partner of the deceased person shall be equal to a widow or surviving life partner if the At the time of his death, the deceased had to pay for legal or family law provisions or for other reasons, or did so before his death last year. A supply is only to be provided for as long as the former spouse or life partner would have been dependent on the marriage or family law provisions or would have otherwise received maintenance benefits. If a maintenance obligation has not existed for reasons of war or military service, this shall not be taken into account. If the marriage has been divorced, annulled or annulled in connection with a health disorder of the deceased, which has been a consequence of injury within the meaning of § 1, or the life partnership has been repealed for the same reason, the following shall be: the former spouse or life partner shall also be the same without the conditions set out in the first sentence of a widow or a surviving life partner. (2) The same shall apply if, in the case of the death of the spouse, the marijuly community has been abolished. Unofficial table of contents

Section 43

The widower receives supplies like a widow. Unofficial table of contents

Section 44

(1) In the event of remarriage or the establishment of a life partnership, the widow or, in the case of a marriage or the establishment of a new life partnership, receives a surviving life partner instead of the right to a pension Compensation in the amount of fifty times the monthly basic pension. The severance payment shall also be payable if, at the time of remarriage or the establishment of the new life partnership, there was no entitlement to a pension in the absence of a request. (2) If the new marriage is dissolved or annulled or the new marriage is annulled. The right to a widow's pension is rescinded or dissolved. (3) If the marriage has been dissolved or annulled within 50 months after remarriage, or the life partnership has been annulled during this period of time, the marriage shall be , until the end of that period shall be for each month, (4) The widow's supply shall begin with the month in which it is requested, but at the earliest on the date of dissolution or annulment of marriage or annulment; or Resolution of the life partnership the following month. In the event of divorce, annulment or annulment of the marriage or the annulment of the life partnership, this is the day on which the judgment or the administrative act has become legally binding. (5) Supply, pension or maintenance claims arising from the a new marriage or a life partnership, to the widow's pension (paragraph 2), to the extent that they are to be implemented, have not already led to the reduction of other remembers of public service provision, and are not based on the Cost carriers of the war victims ' supply are overrun. The settlement of a supply under this Act to a rechargeable service, which is also based on this law, shall be subject to any other offsetting; this shall also apply if the supply or the re-invigorated performance is based on a law , which shall declare this law applicable accordingly. If the widow or the surviving life partner has waived a claim within the meaning of the first sentence without any reason for reason, the amount which the former spouse or life partner would have to do without the surrender shall be set out. (6) Has a Widow or the surviving life partner does not refer to a widow's pension under this law and if the former spouse or life partner has died of the consequences of injury (§ 1), paragraphs 2, 4 and 5 shall apply accordingly if they are not the re-marriage or establishment of a new life partnership Supply would have. Unofficial table of contents

§ 45

(1) orphans ' pension received after the death of the damaged child until the completion of the 18. Year of life. (2) As children also apply

1.

Stepchildren or children of the life partner who had included the deceased in his household,

2.

Nursing children within the meaning of § 2 (1) sentence 1 No. 2 of the Federal Children's Money Act and

3.

(dropped)

(3) The orphan's pension shall be completed after the completion of the 18. for an orphan's life year

a)

is in a school or vocational training which is primarily responsible for its work force and is not associated with the payment of remuneration, remuneration or other benefits at the appropriate level, up to the maximum of Completion of the 27. Life Year,

b)

is in a transitional period of, as a general rule, seven calendar months, between two stages of training or between a training section and the payment of the legal or civil service, one of the teaching or training periods, or The civil service or the provision of a voluntary service as referred to in (c) is, at the latest, up to the completion of the 27. Life Year,

c)

a voluntary social year or voluntary ecological year as defined in the Youth Voluntary Service Act or a voluntary service within the meaning of Decision No 1031 /2000/EC of the European Parliament and of the Council of 13 April 2000 on the Introduction of the Community action programme 'Youth' (OJ C 327, 1) or any other service abroad within the meaning of section 14b of the Civil Service Act or a development-policy voluntary service "weltwärts" within the meaning of the directive of the Federal Ministry for Economic Cooperation and Development and development of 1 August 2007 (BAnz. 1297) or a volunteer service of all generations according to § 2 (1a) of the Seventh Book of Social Code, until the completion of the 27. Life Year,

d)

as a result of physical, mental or mental disabilities, at the latest at the completion of the 27. Life year is unable to entertain itself as long as this condition lasts, about the completion of the 27. However, only if your spouse or life partner is not able to entertain them.

The actual amount of time involved in school education and vocational training is of no importance for periods in which the training ratio persists despite the illness and can be expected to continue. This also applies to the duration of the protection periods provided for in the Maternity Protection Act. In order to qualify for an orphan's pension, it is harmless if an orphan fulfilling the conditions of § 1 of the Federal Elternary Act (Bundeselterngeldgesetz) cares for and educates a child in the time frame of § 15 of the Federal Elternary Money Act, as long as the child is considered This is interrupted by school or vocational training. Had an orphan, the one at the completion of the 27. The orphan's pension is to be repaid after that date, if and for as long as it is once again for the same physical, mental or mental disability, the orphan's pension is to be re-provided. is unable to entertain yourself. The orphan's pension is also provided again if, in the case of orphans whose claim for the use of assets is eliminated, this property is consumed up to an amount in the amount of the amount of the stake pursuant to Section 25f (2). In the cases referred to in point (a) of sentence 1, the relevant age limit shall be increased in the event of an interruption or delay in schooling or vocational training by the compulsory military service, civil service or equivalent service around the time of such service. Service, at most a period of time corresponding to the duration of the legal service or civil service. The performance of a voluntary social or ecological year or voluntary service within the meaning of the sentence 1 (c) is not a equivalent service within the meaning of the sentence 7. If school or vocational training is delayed for a reason that the orphan is not responsible for, the orphan's pension shall be granted longer in accordance with the period of the proven delay. (4) By accepting the orphan as a child, the orphan's pension shall remain a Entitlement to an orphan's pension, which has arisen until the acceptance of the orphan's pension, is unaffected. (5) If several orphans are eligible for the same orphan's pension under this law or laws providing for the appropriate application of this law, only one pension shall be paid is granted. Unofficial table of contents

Section 46

The basic pension is monthly

for half-orphans	117 Euro,
for full orphans	220 euros.

Unofficial table of contents

§ 47

(1) The full compensation pension is monthly

for half-orphans	206 Euro,
for full orphans	287 Euro.

(2) § 33 shall apply mutatily with the exception of the second sentence of paragraph 1, point (b) and (4). Unofficial table of contents

§ 48

(1) If a person entitled to a pension has not died from the consequences of the injury, the widow, the surviving life partner and the orphan (§ 45) shall be paid a widows and orphan allowance if the damaged person is affected by the consequences of the injury. Injury was prevented from carrying out a corresponding activity and, as a result, the widow supply derived from the marriage with the damaged person was reduced in total at least by the following percentage:

Total amount of secondary widow ' s supply as a whole in% of one twelfth of the amount of the tax referred to in Article 33 (1) (a)	Reduction of at least
36 and more	15%
34 to less than 36	14%
32 to less than 34	13%
30 to less than 32	12%
28 to less than 30	11%
Under 28	10%

The amount of the widow ' s pension and the amount of the reduction shall be determined in the light of the pension insurance provisions relating to the income of the widow or the surviving life partner. The percentage of the reduction applicable in accordance with the table shall be based on the widow ' s supply which, without the reduction in the meaning of the first sentence and without the accounts, would give rise to the widow ' s own income. If no widow's pension is paid, a fictitious widow's pension shall be calculated and thereafter the extent of the reduction shall be determined. The conditions set out in the first sentence shall be deemed to be fulfilled if, at the time of his death, the employment of the person in question is entitled to the basic pension of a damaged person with a degree of damage to the damage of 100 or because of not only temporary helplessness. to a care allowance; § 40a (3) sentence 3 applies. The conditions set out in the first sentence shall also be deemed to have been fulfilled if the damaged person is entitled to compensation for at least five years because of a loss of income within the meaning of Section 30 (4) or to the compensation of professional damages pursuant to Section 30 (6). (2) The widows and orphans ' allowance shall be equal to two-thirds, in the case of widows, surviving life partners and orphans of those who have been damaged, who are entitled to the basic pension of a damaged person with a degree of damage to 100 or a degree of damage to a person who is not Care allowance in the full amount of the corresponding widows or orphans ' pension (§ § 40, 40a, 41, 46 and 47) . Exceeds the monthly gross income of the surviving dependants of those who, at the time of death, were entitled to a pension after a degree of damage to the pension of 30 to 90,

in the case of the widow or the surviving life partner	one twelfth,
at half-orphan	a twenty-fourth,
in the case of full orphans	one eighteenth

the amount of the aid to be granted in section 33 (1) (a), the aid to be granted shall be reduced by the excess amount; if no payment amount is calculated, the right to supply is not calculated. (3) In the event of remarriage or reasoning a life partnership of the widow or in the event of the marriage or the establishment of a new life partnership of the surviving life partner, § 44 shall apply mutagenly. The five-fold monthly amount of the basic pension of a widow shall be granted as a severance payment if the widow's allowance is based on the full pension, otherwise two thirds of that amount shall be granted. (4) Paragraphs 1 to 3 shall apply to widows application. (5) The provisions relating to orphan's pension shall apply to the omission of the orphan ' s allowance. (6) Paragraphs 1 to 5 shall apply accordingly if the employment of the person in question has not been able to assert the claims only because he or she is domiciled before 1 January 1991; or habitual residence in the territory referred to in Article 3 of the agreement. Unofficial table of contents

§ 48a

(1) § 42 (1), § 43 and § 48 (4) in the version valid from 1 January 1986 shall apply only if the damaged person has died after 31 December 1985. (2) § 42 para. 1, § 43 and § 48 (4) shall apply in the version valid until 31 December 1985 in respect of the eligibility requirements for survivor's care, if the Damage died before 1 January 1986. Unofficial table of contents

§ 49

(1) If the damaged person has died from the consequences of injury, the parents shall receive parental pension, but not earlier than the month in which the damaged person shall be the 18. (2) Parents will be treated as equal

1.

Adoptive parents, if they have accepted the deceased before the injury as a child,

2.

Parents and foster parents, if they have entertained the deceased free of charge prior to the injury,

3.

Grandparents, if the deceased did or would have made a reservation to them.

Unofficial table of contents

§ 50

A parent's pension is given to who is fully employed or incapacitated in the sense of the Sixth Book of Social Code or for other compelling reasons cannot carry out a reasonable employment or the 60. Year of life has been completed. Unofficial table of contents

Section 51

(1) The full parental pension is monthly

for a parent couple	EUR 564,
in the case of a parent	393 euros.

(2) If several children have died from the consequences of injury, the amounts referred to in paragraph 1 shall be increased for each additional child per month.

for a pair of parents	103 Euro,
in the case of a parent	77 euros.

The increase is also granted for children who

a)

having died or died as a result of injury in the sense of laws providing for the application of this law, or

b)

shall be lost as a result of injury in the sense of this law or of laws providing for the application of that law.

(3) If the only or the last child is or all or at least three children have died from the consequences of injury, if it is more favourable, the amounts referred to in paragraph 1 shall be increased on a monthly basis

for a pair of parents	320 Euro,
in the case of a parent	232 euros.

The second sentence of paragraph 2 shall apply accordingly. (4) Paragraph 41 (3) shall apply accordingly, with the proviso that the income to be calculated shall always be determined as if the income was not one of the income from present employment (Section 33 (2)); it is to the increase referred to in paragraph 2 or 3 only in so far as it has not already led to the omission of the parents ' pension. (5) If only one partner is eligible for a married couple or a life partnership, the parental pension shall be for a Parents to reduce the income to be paid by both partners; however, the pension may be the full one Pension for a parent, including increases under paragraphs 2 and 3, shall not exceed. (6) Pensions of less than 3 euros per month shall be increased to this amount. (7) As children within the meaning of paragraphs 2 and 3, they shall also apply: Child and foster children. Whether the child who has died from the consequences of injury is the only or the last child depends on the circumstances at the time of the child's loss. (8) For a parent couple or a parent, several parental pensions shall be provided after the child. Law or laws providing for the appropriate application of this law, only the more favourable pension is granted. (9) In the case of a parent's pension for a parent couple, a spouse or life partner dies, is the survivor. Spouse or life partner the parental pension for a parent couple who is responsible for the month of death Instead of paying a parent's pension for the following three months, if this is more favourable. Reductions in the pension for a pair of parents due to special benefits within the meaning of Section 60a (4), as well as increases in those deductions which are based on reductions in income as a result of death, remain unaccounted for. Unofficial table of contents

Section 52

(1) If a person whose surviving dependability is to be granted has disappeared, this provision shall be granted before the death declaration, if the death of the missing person is likely to be presumed. If it is found that the consented person is still alive, benefits shall be granted in accordance with the first sentence and shall be granted for the performance of his statutory maintenance obligations; he shall be without a mandate from the date on which he shall replace the provisions relating to the management of the business , from which he has failed to comply with his legal obligations arising from the reasons for which he is responsible. Further claims shall remain unaffected. (2) A child shall not be entitled to a pension if the husband of the mother was missing during the period of the period of the period of the time of the birth.

Funeral allowance for the death of survivors

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Section 53

In the event of the death of surviving survivors, a funeral allowance shall be granted in accordance with the provisions of section 36. In the event of the death of a widow or surviving life partner leaving at least one orphan or orphaned child, it shall be EUR 1 674, in all other cases 838 euros. Unofficial table of contents

§ 53a Contributions to nursing care insurance

(1) Pendants and survivors who have a right to a treatment or treatment and who are entitled to treatment with a private insurance company or a caregiver pursuant to Section 20 (3) of the Eleventh Book of Social Law (2) The amount of the refund referred to in paragraph 1 shall not exceed the amount which, on the basis of the contribution rate laid down in Section 55 (1) of the Eleventh Book of the Book of Social Code, shall be reimbursed by the Damage from the compensation pension, the marriage surcharge and the occupational injury compensation, Survivors of all pension benefits pursuant to this Act are provided. (3) § 61 (6) and (7) of the Eleventh Book of the Social Code shall apply accordingly.

Meeting of claims

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§ 54

(1) If an injury within the meaning of § 1 is at the same time an accident in the sense of the statutory accident insurance, then there is only entitlement under this law. This shall not apply in so far as the harmful event occurred before 1 January 1942 or after 8 May 1945. (2) Persons in which damage in the sense of § 1 due to an attraction to forced labour in the period from 8 May 1945 to 5. It was not entitled under this law to the survivors of the accession of 1955, and their survivors. You are entitled to the benefits of statutory accident insurance; the activity in accordance with the first sentence shall be deemed to be an insured activity. Sentences 1 and 2 shall not apply to persons who have taken their habitual residence before 19 May 1990 at the time of application of that law. Unofficial table of contents

§ 55

(1) Meeting under this Act

a)

an employment pension with a widow's pension or an orphan's pension, is to be granted the more favourable compensation pension in addition to the basic pension,

b)

a compensation for damages with a compensation for damages should be taken into account in determining the compensation for damages in the form of income compensation as income,

c)

a pension or widower's pension with entitlement to parental pension, the compensation pension, the marriage allowance, the compensation for damages and the compensation for compensation in the determination of the parental pension are to be taken into consideration as income.

Where, in accordance with the provisions of point (a) of the first sentence, the compensatory pension is to be granted, the compensatory pension shall be counted towards the current compensatory pension only with the amount which would be payable without the meeting as a compensatory pension. Gross income. This shall also apply where the benefits provided for in sentences 1 and 2 meet in accordance with other laws which provide for the application of this Act. (2) For widows or orphan aid, paragraph 1 shall apply mutatily.

Adjustment of pensions

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§ 56

(1) The benefits for the blind (§ 14), the lump sum as a substitute for clothes and clothes wear (§ 15), the basic pensions and the severe damage allowance (§ 31 para. 1 and 5, § § 40 and 46), the compensation and parenting pensions (§ § 32, 41, 47 and 51), the The allowance (§ 33a), the care allowance (§ 35) and the funeral allowance (§ § 36, 53) are adjusted in accordance with the percentage rate in order to change the pensions of the statutory pension insurance. At the same time, the amount of the assessment (section 33 (1)) shall be adjusted in accordance with the percentage by which gross wages and salaries per employee have changed in the calendar year prior to the adjustment compared with the previous year, which shall be the case for the (2) The Federal Government has, by means of a regulation with the consent of the Federal Council, the Federal Government, in accordance with § § 14, 15, 31 (1) and (4), 32, 33 Abs 1, 33a, 35, 36, 40, 41, 46, 47, 51 and 53 shall be paid in accordance with paragraph 1 respectively. The date on which the pensions of the statutory pension insurance scheme are adjusted to be amended. In § 15, the lump sums referred to therein shall be determined by multiplying the lowest and the highest number of scores by the multiplier. The amounts resulting from the first and second sentences are to be rounded up to EUR 0.49 for the full euro and to be rounded up to the full euro starting from EUR 0.50. By way of derogation, the multiplier in § 15 shall be rounded to 3 decimal places after the comma. (3) u. (4) (dropped) Unofficial table of contents

§ § § 57 to 59 (omitted)

Start, change, and interception of care

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§ 60

(1) The supply of employment shall begin with the month in which their conditions are met, at the earliest with the month of application. The supply shall also be made for periods prior to application if the application is lodged within one year of the occurrence of the injury. If the damaged person was prevented from submitting the application without his or her fault, this period shall be extended by the period of prevention. No provision shall be made for periods prior to the month of dismissal from the captivity of war or foreign custody. (2) Paragraph 1, first sentence, shall apply mutatically if a higher performance is requested; however, the Damage was without If the application is prevented from applying, the higher performance shall commence with the month from which it is proved to be prevented if the application is lodged within six months of the removal of the obstacle. However, the higher performance shall commend on account of a reduction in income or on account of an increase in the expenses incurred, irrespective of the month of application, with the month in which the conditions are met if the request is made within the shall be made six months after the date of entry of the amendment or after receipt of the notification of the amendment. The date of access shall be established by the applicant. If a claim for compensation for professional damages arises (Section 30 (3) or (6)) as a result of an increase in the comparison income within the meaning of Section 30 (5), the second sentence shall apply if the application is filed within six months. (3) , it shall begin with the month in which the claims based on the facts of a service of the supply of war victims have become known. If the higher performance is due to a change in the family status, the number of children to be taken into account or the attainment of a certain age limit, it shall begin with the month in which the event occurred; this shall also apply where: (4) A reduction or withdrawal of the benefits shall enter into force at the end of the month in which the conditions for the payment of the benefits shall be met by the following month: Granted the grant. A reduction or withdrawal of benefits due to improvement in the state of health shall enter into force at the end of the month following the announcement of the date of the change in the event of the change. If the reduction or withdrawal of benefits, the level of which is influenced by income, is based on an increase in this income, the reduction or withdrawal shall occur with the month in which the income has increased. Unofficial table of contents

§ 60a

(1) The compensatory pension (§ § 32, 33, 41 and 47) shall be definitively established with fixed monthly earnings. In the other cases, the compensatory pension shall be fixed on a provisional basis in accordance with the income ratios known at the time of the allocation of allowances and shall in each case be definitively determined at a later date. (2) Income fixed monthly shall be (3) If the compensatory pension has been provisionally paid higher than the final fixed amount, the sum of only the EUR 3 per month shall be deemed to be higher than the sum of the total amount of the compensatory pension. (4) Special benefits, such as Christmas gratifications, 13. Monthly salaries and bonuses are to be considered as income in the months in which they are paid. (5) Paragraphs 1 to 4 shall apply in accordance with the determination of all current pensions, the level of which is influenced by income. , unless otherwise provided by this Act. Paragraph 3 shall apply in the event of a meeting of several provisionally paid services in such a way that the total amounts are to be compared with each other. Unofficial table of contents

Section 61

For the provision of survivors, § 60 shall apply in accordance with the following conditions:

a)

If the initial application is made before the end of a year after death, the supply begins at the earliest with the month following the death month.

b)

In the case of the occupational injury compensation in accordance with section 30 (3) or (6), the case of widows shall be compensated for in accordance with § 40a.

c)

The change in family status is the same for orphans of the death of the father or mother.

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Section 62

(1) A performance influenced by income shall not be reestablished as long as the gross income has been increased by less than EUR 5 per month since the last determination of this benefit or the settlement income within the meaning of Article 30 (5). have been reduced by less than EUR 5 per month, unless a new determination of one of these benefits is necessary for another reason. (2) The degree of damage consequences of a person entitled to a pension shall not be allowed before the expiry of two years after the notice of the notice of arrest is lower. If a substantial and sustained improvement in the state of health of damage has been achieved through the treatment of medicinal products, the lower fixing shall be allowed earlier, but at the earliest after the end of one year after the conclusion of the Health care. (3) In the case of persons entitled to care, the 55. The degree of damage due to damage caused by the damage-related health status or an amendment of the regulation according to § 30 (17) as a result of new medical-scientific findings is not lower if it has remained unchanged in the last 10 years since it was established under this Act. The same applies to the sword damage allowance if its level has remained unchanged in the last ten years since it was established. Changes for reasons other than medical reasons shall not be taken into account in the calculation of the time limit. (4) If the common household is dissolved, a seriously damaged person or a severely damaged person with the persons referred to in § 30 (12) sentence 1 , the extent of the consequences of damage pursuant to section 30 (2) and the compensation for professional damages pursuant to Section 30 (16) of the Office of the Council shall be restated only if, without the consequences of the damage, the person or his/her person is to be granted the admission of another profession, or After the removal of the occupational injury compensation in accordance with section 30 (16), a compensation for damages in accordance with § 30 (3) to (11). Unofficial table of contents

§ 63

(dropped)

Special provisions applicable to beneficiaries outside the scope of this Act

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Section 64

Persons entitled to residence or habitual residence abroad are entitled to care as authorized persons within the scope of this Act, insofar as § § 64a to 64f do not determine anything deviating from the law. With the approval of the Federal Ministry of Labour and Social Affairs, the benefits may be completely or partially denied or withdrawn if:

1.

the performance purpose cannot be achieved, in particular the foreign state pension under this law is charged on its own pensions in whole or in part, or

2.

in the person of the person concerned, there is an important reason for which he is responsible, in particular an act of the entitled person directed against the Federal Republic of Germany.

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Section 64a

(1) Damage shall be carried out by the person responsible for the treatment on account of the recognised consequences of injury, in so far as it is not granted within the scope of this law. You will receive the proven medically necessary and reasonable costs up to two times the sum of the costs of a corresponding medical treatment within the scope of this law; in duly justified cases, the above any amount exceeding that amount will be reimbursed. The costs of medical and medical equipment as well as remedies can be replaced at full height. The healing treatment due to damage consequences can also be carried out in the scope of this law after prior approval by the competent administrative authority, if medical or cost reasons require this. (2) Supply sickness benefit and aid pursuant to section 17 shall be excluded. Benefits for the treatment of medical and medical treatment pursuant to § 10 (2), (4), (5) and (6) sentence 1 and § 11 (4) shall be reimbursed in the amount of the normal benefits in the State of residence; paragraph 6 shall remain unaffected. If a determination of the medical treatment costs in the country of residence is not possible, it is possible to provide a grant up to the simple level of the usual services that the person entitled to receive in the country would receive. (3) For the course measures, the Costs are only reimbursed and allowances only if the competent administrative authority has previously agreed to the measure. (4) Claims made by the authorized person against the institution of statutory or private insurance companies or similar bodies shall be excluded from the scope of this Act. Benefits of medical and medical treatment according to this Act, insofar as they are to be carried out. (5) For the reimbursement of travel expenses and the replacement of lost employment, § 24 shall apply accordingly. (6) The competent The managing authority may, instead of the benefits referred to in paragraphs 1 to 3, also contribute to: Take over the insurance of the beneficiaries in the State of residence if there is a special hardship, or provide benefits in cooperation with a foreign health insurance with which it has concluded a contract. Unofficial table of contents

Section 64b

(1) Calculated in accordance with § 64 in the case of neediness

1.

Hospital aid according to § 26b,

2.

Assistance for the care provided for in Article 26c (8),

3.

Supplementary assistance for living according to § 27a.

The same shall apply to persons living in a household in accordance with the first sentence, if the person who is responsible for the livelihood of the family member is predominantly concerned, and for widows, widows, survivors, survivors, survivors, survivors, survivors, survivors, survivors, survivors, survivors, Life partners and orphans. (2) Services are provided only in so far as those who have been damaged or survivors do not receive any other services for the same purpose. (3) Art, form and measure of benefits and the use of income and income Assets shall be governed by the special conditions of the State of residence under Consideration of the necessary life needs on site. The holders of the victims of war shall decide on the provision of services at the appropriate discretion. (4) In the case of the decision on the performance of the hospital assistance in accordance with § 26b and the determination of the nursing level, which is for benefits according to § 26c Paragraph 8 may be added to the certificate of an officially appointed physician or a doctor of confidence of the competent German diplomatic mission. If such doctors are not available, the testimony of other physicians may be consulted on the spot. (5) If, in individual cases, the application of the provisions of the first sentence of paragraph 1 results in a special hardship, the following may be obtained with the consent of the The Federal Ministry of the Interior shall provide further services in accordance with § § 26 to 27d. Unofficial table of contents

Section 64c

(1) The fixing of pensions shall take into account foreign income such as comparable domestic income. (2) Article 30 (3) to (15) shall apply to the setting of the compensation for the injury to the profession. If the employed person mainly obtains foreign income, the average income of the basic salary of the grades of the grades is replaced by the actual income of current or former activity (Section 30 (4) sentence 1). Federal Rules A, which would be allocated to the Damage in Germany. If the condition set out in the second sentence is not met and if the employment of the person concerned has been transferred to another country after 30 June 1984, the average income of the person concerned shall be replaced by the average income of his or her income earned so far. Basic salary of the salary group of the Bundesbesoldungsordnung A, which would have been assigned to the damaged before the resettlement. In the cases of sentences 2 and 3, § 30 para. 11 sentence 2 shall apply. (3) For the purpose of determining the compensation for damages, § 40a. (4) § § 60 to 62 and 66 shall apply, unless special features of the supply of war victims outside the Federal territory A deviation is required. A derogation can only be made in agreement with the Federal Ministry of Labour and Social Affairs; it may also determine, in consultation with the relevant Supreme State authority, how the pensions are to be paid out. (5) Capital severance payments shall not be granted. (6) Funeral allowance shall be the second alternative in the case of the death of Damaged up to the amount of the amount in § 36 (1) sentence 2 second alternative, in the case of the death of survivors up to the amount of the amount in § 53 sentence 2 second alternative . Unofficial table of contents

Section 64d

(1) The payment of the pensions shall be governed by the provisions of the provisions of the law on the application of the law. In the case of income from countries with a fluctuating monetary value and the associated substantial changes in price, the second sentence of Article 60a (1) shall be applied in accordance with the regulation. In such cases, provided that the changes in the course of the calendar year are within a constant framework, after the end of the previous calendar year, the average rate of the average rate of the income-related benefits shall be determined by the date of the determination of the income-related benefits. of the year. In cases where the courses are subject to major fluctuations during the calendar year, the average price may be determined for a larger period of time. (2) The person entitled to the course may be entitled to the following: If services are not supplied, the Federal Ministry of Labour and Social Affairs may provide replacement services with the agreement of the Federal Ministry of Labour and Social Affairs. There is no right to a subsequent grant of the difference to the full supply. Unofficial table of contents

§ 64e (omitted)

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Section 64f

(1) The relevant procedural provisions shall apply in so far as no special features of the supply of war victims outside the territory of the Federal Republic of Germany require a simplified regime. A simplified scheme requires approval by the Federal Ministry of Labour and Social Affairs. This applies in particular to the creation of foes and the confiscation of third parties to the proceedings. (2) If there is a need, a special representative may be appointed, without prejudice to § § 13 to 15 of the 10th Book of the Social Code, if this and the applicant or the person entitled to supply is in agreement. The consent of the applicant or the person entitled to a pension may be subject to special reasons. § 15 (3) of the Tenth Book of the Social Code applies accordingly. (3) § 60 shall apply with the proviso that in the cases referred to in paragraph 4, a reduction or withdrawal of the service shall not enter into force until the end of the third month following the end of the month in which the Notice or notification has been announced. (4) The carriers of the supply of war victims and of the victims of war are working directly with the German services abroad.

Rest of the right to care

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Section 65

(1) The entitlement to pensions shall be based on the same cause of both claims.

1.

in the amount of the deductions from the statutory accident insurance,

2.

in the amount of the difference between a supply in accordance with general civil service law provisions and the civil service accident insurance.

Children's allowances for the injury pension from the statutory accident insurance are not taken into account by the amount, in the amount of which, without the children's allowance from other service providers, child benefits or corresponding benefits would be payable. (2) The claim the basic pension (§ 31) rests in the amount of the services provided in addition to remuneration from the civil service accident insurance, if both claims are based on the same cause. (3) The right to medical treatment (§ 10 para. 1) and to the lump sum as a substitute for wear and clotheswear (§ 15) rests in this respect, as

1.

for the same reason, there are claims for corresponding benefits from the statutory accident insurance or in accordance with the civil accident insurance regulations;

2.

Claims for benefits in accordance with the rules on health care for members of the Federal Police and for soldiers (Section 69 (2), Section 70 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) and § 1 sec. 1 Wehrsoldgesetz) and according to the state-of-the-art regulations Rules for law enforcement officers of the countries.

(4) In the area referred to in Article 3 of the Agreement, other claims based on the same cause shall also lead to a revocation of the entitlement to pensions. This applies to the war damage pension, the care allowance, the blind money and the special care allowance as well as to the survivor's pension derived from a war damages pension under the Pensions Act of 28 June 1990 (GBl. 495) for the amount paid by the institution of the pension scheme solely as a result of the damage to the war. (5) The rest shall take effect from the date on which its conditions have been fulfilled. The payment of pensions shall be terminated or reduced at the end of the month in which the rest takes effect, and shall be resumed or increased again at the beginning of the month in which the resting period ends.

Payment

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Section 66

(1) The pensions shall be awarded in monthly amounts, rounded up to full euro and paid monthly in advance. Supply sickness benefit and aid pursuant to § 17 are granted on a daily basis and are paid at the end of each week. (2) All cash benefits are paid free of charge to an account of the person entitled to receive or of a person living with him in the home community. The third party indicated by the person entitled to receive the data shall be referred. If the receiving person demands it, they are to be paid for free by payment instruction by Deutsche Postbank AG at his residence or usual place of residence. In special cases, they may be paid at the appropriate administrative office. Section 118 (3) to (4a) of the Sixth Book of the Social Code shall apply accordingly. Unofficial table of contents

§ 66a (omitted)

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§ 66b (omitted)

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§ 66c (omitted)

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§ 66d changeover to euro in the territory referred to in Article 3 of the agreement

The conditions laid down in Annex I, Chapter VIII, Section III, Section III, points 1 to 21 of the Agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885, 1067) are to be applied from 1 January 2002 with the proviso that the word "Deutsche Mark" shall be replaced by the word "euro". Unofficial table of contents

§ § 67 to 70a (omitted)

Accommodation for accommodation

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Section 71

In the case of accommodation of the person entitled to benefit (§ 49 of the First Book of Social Code) for the execution of a custodial sentence or a detention order of a custodial measure of improvement and security, income shall be used in the calculation of the pension benefits, which shall be: are reduced by accommodation in the amount up to their accommodation; at the time of the adjustment of the pensions (§ 56), they are the percentage by which the current pension benefits are adjusted, to be paid in accordance with the provisions of the . If the execution of a custodial sentence or a detention order of detention ends directly on a pre-trial detention order, the first sentence must be applied with the proviso that the pre-trial detention shall be subject to the condition that the of the amount to be used up to the beginning of the pre-trial detention. Unofficial table of contents

Section 71a

(dropped)

Transfer power of law

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Section 71b

If the competent administrative authority has provided pension benefits, if the pension is entitled to a social security institution or a public-law fund, § § 104 and 106 to 114 of the Tenth Book Social Code and, if the person entitled to a pension is entitled to a public service, § 115 of the Tenth Book of Social Code, with the proviso that the claims are entitled to the cost carrier of the war victims ' supply. This also applies if the cost carrier of the war victim supply has to bear these benefits too.

Capital severance

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Section 72

(1) Damaged persons who receive a pension may be granted a capital payment for the purpose of acquiring or strengthening their own property. (2) A severance of capital may also be granted

1.

on the acquisition or economic strengthening of a residential property in accordance with the Housing Law,

2.

for the financing of self-used residential property within the meaning of Section 17 (2) of the Housing Promotion Act, if the early transfer of the property to the damaged persons is ensured,

3.

for the acquisition of a permanent housing law in accordance with the property law, if the permanent resident is economically equivalent to a residential property and the continued existence of the permanent housing right in the case of the forced auction pursuant to § 39 of the Housing ownership law is agreed upon,

4.

in order to finance its own building savings contract with a building savings bank or the civil servant's office for the purposes of paragraph 1 and points 1 to 3.

(3) The property on a property is the same as the inheritance law, the housing property of the housing estate. Unofficial table of contents

Section 73

(1) A capital settlement can only be granted if:

1.

the Damage at the time the application was submitted the 55. Year of age has not yet been completed,

2.

the entitlement to supply is recognised;

3.

it is not to be expected that, within the severance period, the pension will be eliminated,

4.

for a useful use of the money guarantee.

(2) A severance payment may exceptionally be made after the 55. However, if the application is not received until the date of completion of the 65 years, the applicant shall not be granted the right years of life. Unofficial table of contents

Section 74

(1) The capital settlement may include an amount up to the amount of the basic pension (§ 31 para. 1 sentence 1). If a reduction in the reduction of the earning capacity is to be expected within the severance period, the severance of the capital can only be based on the pension which corresponds to the expected degree of the consequences of the damage. (2) The severance is to the basic pension available for a period of ten years. The amount of the severance payment shall be nine times the annual amount underlying the capital settlement. The right to pay for the compensation shall expire for a period of ten years at the end of the month following the month of payment. (3) By way of derogation from paragraph 2, the severance payment shall be based on the amount for a period of five years from the date of the withdrawal. The basic pension shall be limited to years if the application is made after completion of the sixtieth year of life. The amount of the severance payment shall be equal to fifty-seven times the monthly amount of the capital settlement. The right to the compensation, in which the severance occurs, shall expire for a period of five years with the end of the month following the month of payment. Unofficial table of contents

§ 75

(1) The intended use of the capital is due to the form of payment and, as a general rule, by measures to prevent early sale of the land, inheritance law, residential property, housing inheritance law or permanent housing rights. Secure. For this purpose, it may in particular be possible to arrange for the sale and loading of the land acquired or economically strengthened with the severance of the capital, inheritance law, residential property or property building rights within a period up to Five years shall be authorised only with the authorisation of the competent administrative authority. This arrangement becomes effective with the entry in the land register. The registration shall be made at the request of the competent administrative authority. (2) Furthermore, the severance payment may be made subject to the registration of a backup mortgage in order to secure the claim for the repayment of the capital settlement in accordance with the § § 76 and 77 is authorized. Unofficial table of contents

Section 76

(1) The severance payment shall be repaid in so far as it has not been used within a time limit determined by the competent administrative authority. (2) The severance payment may be reclaimed if the (3) Before the end of the severance period, the deposit can be re-approved on application by the deductions received by the capital settlement against repayment of the severance sum. if there are important reasons. Unofficial table of contents

Section 77

(1) The obligation to repay (§ 76) is limited in the case of severance in accordance with § 74 para. 2 after the expiration of the

first year on
	91 of the hundred of the severance sum,
second year on
	82 of the hundred of the severance sum,
Third year on
	72 of the hundred of the severance sum,
fourth year
	62 of the hundred of the severance sum,
fifth year
	52 of the hundred of the severance sum,
sixth year
	42 of the hundred of the severance sum,
seventh year on
	32 of the hundred of the severance sum,
pay attention to
	22 of the hundred of the severance sum,
Ninth year on
	11 of the hundred of the severance sum.

The obligation to repay is limited in the case of severance in accordance with Section 74 (3) after the expiry of the

first year on
	81 out of the hundred of the severance sum,
second year on
	62 of the hundred of the severance sum,
Third year on
	42 of the hundred of the severance sum,
fourth year
	21 of the hundred of the severance sum.

The periods shall count from the first of the second month following the payment of the severance sum to the end of the month in which the severance sum has been repaid. (2) The sum of the severance payment shall not be repaid at the end of a year, shall take into account, in addition to the percentages for full years, the percentages of the percentages which shall be accounted for by the months of the beginning of the year which have elapsed until the date of repayment. The same applies if the severance sum is repaid before the end of the first year. (3) After repayment of the severance sum, the deductions on the basis of the severance payment live again with the first of the month following the repayment. Unofficial table of contents

Section 78

Within the time limit laid down in § 76 (1), a sum of the same amount of money, securities and claims of seizure is not subject to the disbursed amount of severance paid. Unofficial table of contents

Section 78a

(1) A capital settlement may also be granted to widows who are entitled to a pension or widow's allowance (§ 48) and spouse's spouse (§ 52 para. 1). The provisions of § § 72 to 80 apply accordingly. (2) A widow, who has been dismissed, once again has a marriage, after the marriage the severance sum is to be repaid in so far as it is the total sum of the widow up to her remarriage. in the case of a supply. The amount to be repaid is to be added to the severance payment in accordance with § 44. If it turns out that the person is still alive, the severance payment shall be repaid in so far as it exceeds the sum of the wages received, which until the date of return of the disappeared under this Act and the law on the (3) paragraphs 1 and 2 shall apply mutagenically to survivors of the survivors ' life. Unofficial table of contents

§ 79

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§ 80

Capital severance payments granted up to 9 May 1945 do not result in any reduction in pensions established under this Act.

Compensation, refund

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§ 81

If persons satisfy the requirements of § 1 or corresponding provisions of other laws which provide for a corresponding application of this law, they shall have only the claims based on this law because of damage to the federal government; However, the provisions of the Civil Accident Insurance, the Act on the Extended Authorisation of Damages Claims in the case of service accidents in the version set out in the Bundesgesetzblatt, Part III, outline number 2030-2-19, and § 82 of the Civil Service Act. Unofficial table of contents

§ 81a

(1) In so far as a legal claim for compensation of the damage caused to them by the injury is entitled against third parties, that claim shall be entitled to the extent of the obligation laid down by this Act for the provision of Benefits to the federal government. This does not apply to claims that are grown from pregnancy and precipitation. The transfer of the claim cannot be claimed to the detriment of the righthold. (2) Paragraph 1 shall apply in accordance with the provisions of this Act which are not based on injury. (3) The sickness fund shall inform the Managing authority facts from which it can be deduced that a third party caused the damage. On request, it shall inform the managing authority of the extent to which it has provided medical or medical treatment, except in the case of non-hospital medical treatment and medical care. (4) § 116 (8) of the The tenth book of the Social Code applies accordingly. Unofficial table of contents

Section 81b

Where an administrative authority or other body of the provision of the provision of the victims of war has been granted benefits, it shall subsequently become clear that instead of its other public-law body, which does not provide a service provider within the meaning of Article 12 of the First The Book of Social Code, which would have been obliged to perform, has to reimburse the amount of the expenditure required for the performance to the extent to which it is subject in accordance with the legislation applicable to it. Unofficial table of contents

§ 81c

If, according to this Act, benefits are provided, the amount of which is influenced by the extent of a claim against a third party who is not a service provider, the managing authority may take the claim to be taken into account up to the level of its performance by means of: to the cost carrier of the supply of war victims in writing.

Extent of the group of persons

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Section 82

(1) This law shall apply accordingly to:

1.

Persons who had been granted benefits for damage to life and limb

a)

Due to § 18 of the Law on the replacement of personal injury caused by the war (Warsperson Act) in the version of the notice of 22 December 1927 (RGBl. 515, 533), or

b)

Pursuant to Section 1 (2) of the Law on the replacement of personal injury caused by the occupation of German territory (Occupation Personnel) in the version of the Notice of 12 April 1927 (RGBl. 103);

2.

Germans within the meaning of Article 116 of the Basic Law, which, in the period from 18 July 1936 to 31 March 1939, fought in Spain on the Republican side and suffered health injury in the event of an accident or the effects of a martial, as well as their survivors.

(2) Supply under this Act may also be granted to displaced persons within the meaning of Section 1 of the Federal Displaced Persons Act, which are German or German people, if they are required to comply with their statutory military service after 8 May 1945 after the have suffered damage within the meaning of Article 1 (1) in the territory of the expo; this shall not apply if, for the same reason, they are entitled to receive a supply against the country which has requested the service, and to the latter A claim can be achieved. The first sentence shall also apply to ethnic German resettlers within the meaning of Section 4 of the Federal Displaced Persons Act (Bundesvertriebenengesetz)

Exclusion of the payment of pensions to pay

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Section 83

In the calculation of the pay of employees who receive pensions under this Act, these references shall not be taken into account to the detriment of the employee; in particular, it shall be inadmissible for the pensions to be wholly or wholly inadmissible. in part to be counted for the remuneration. This also applies to services rendered to the former employed or to his survivors in order to fulfil a legal claim or voluntarily, in consideration of an earlier activity.

Transitional provisions

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Section 84

(1) Witwen and orphan aid granted before 1 July 1985 shall not be affected by the amendment of § 48, which came into force on 1 July 1985. (2) In June 1988, persons entitled to a residence or habitual residence abroad shall be entitled to Compensation for damages or compensation on the basis of a foreign comparison income, § 64c applies in the version valid until 30 June 1988, as long as this is more favourable. In this case, the current income is to be compared with the foreign comparative income applicable for the month of July 1988; in the following years, this comparison income will be the same as the amount of the tax in the following years (§ 33). 1). Unofficial table of contents

Section 84a

The conditions laid down in Annex I, Chapter VIII, Section III, point III, point 1 (a), in conjunction with Article 3 of the agreement of 31 August 1990 (BGBl. 885, 1067) is no longer applicable from 1 July 2011. Unofficial table of contents

§ 85

As far as before 1. The decision was made legally binding in accordance with the provisions of this Act, which was adopted in October 1950 on the question of the causal relationship of a health disorder with injury within the meaning of § 1. The first sentence shall not apply to a decision which is negating the causal link and which has been taken after 8 May 1945 in the territory referred to in Article 3 of the Agreement on the integration of the Union. Unofficial table of contents

Section 86 Maintenance allowance for members of prisoners of war and political prisoners

Persons entitled to maintenance allowance on 20 December 2007 in accordance with the Law on the Assistance for Members of Prisoners Of War, as amended by the Notice of 18 March 1964 (BGBl. 218) or in accordance with § 8 of the Prisoner Assistance Act, the same benefits shall be granted to survivors under this Act. Unofficial table of contents

Section 87

(1) If the compensation for damages has been applied for before 1 July 2011, the amount of the respective comparison income shall be determined on 30 June 2011 and then adjusted annually with the percentage rate determined in § 56 (1) sentence 1. § 15 sentence 3 shall apply accordingly. Sentences 1 and 2 shall also apply to applications for adjustment of the compensation for professional damages pursuant to § 30 (16) in the version valid until 30 June 2011. (2) If the compensation for damages has been applied for before 1 July 2011, the amount of the compensation shall be paid by 30 June 2011. shall be determined in accordance with Article 30 (5) and then adjusted annually with the percentage of the percentages specified in Article 56 (1), first sentence, of the same percentage. § 15 sentence 3 shall apply accordingly. If, before 1 July 2011, a comparison income higher than that resulting from the first sentence was fixed for the deceased before 1 July 2011, this income shall be replaced by the reference income determined in accordance with Article 30 (5). (3) For benefits under Section 64a Section 10 (7) with the proviso that benefits are excluded if the person entitled to receive a medical treatment or those for whom a medical treatment is requested, after 2 February 2011, a statutory or comparable insurance customary in the State of residence have been terminated or have been exempted from the obligation to provide insurance upon request. (4) The conditions pursuant to Annex I, Chapter VIII, Section III, Section III, point (1) (a), of the Agreement of 31 August 1990 (BGBl. 885, 1067) shall not be applied in the calculation of the benefits referred to in paragraphs 1 and 2. Unofficial table of contents

Section 88 (omitted)

Hardness compensation

Unofficial table of contents

§ 89

(1) If special hardships arise in individual cases from the provisions of this law, a compensation can be granted with the consent of the Federal Ministry of Labour and Social Affairs. (2) The Federal Ministry of Labour and Social Affairs can (3) Payments for periods prior to the month in which the decision becomes binding on the managing authority do not normally come into consideration if they are primarily intended to fulfil the requirements of the The reimbursement claims of other service providers led.

Final provisions

Unofficial table of contents

§ 90

(1) Does a change in the Federal Supply Act, a regulation under the Federal Law on Supply, or a legal provision referring to the Federal Supply Act, lead to a change in pensions granted on an ongoing basis. Pension funds and transitional funds are to be found anew by officals. If only the income-independent benefits are to be adapted in accordance with § § 14, 15, 31 (1) and 4 (4), § 35 (1) and § § 40 and 46 (§ 56), it is possible to discontinue the formal decision-making process. (2) The remaining claims are also to be made from a such a change of law shall be determined only on request. If the application is made within one year of the entry into force of the change in law, the payment shall begin with the effective date of the corresponding amendment, at the earliest with the year, month or day in which the conditions are fulfilled. It shall begin at the same time as the new claims can only be determined on the basis of a legal regulation to be adopted and the application is filed within one year of the proclamation of the Regulation. (3) The first and second paragraphs of this Regulation shall apply. 2 shall apply mutatily if the supply is granted as canning power or by way of a compensatory allowance. Unofficial table of contents

Section 91

The Federal Ministry of Labour and Social Affairs is authorized to publish the text of the law and the implementing regulations adopted in accordance with this law with a new date and a new sequence of articles in the version in force. It may remove any inconsistencies in the wording. Unofficial table of contents

§ 92 (omitted)

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