Law On The Care Of Victims Of War

Original Language Title: Gesetz über die Versorgung der Opfer des Krieges

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

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BVG

Date of issue: 27.06.1960

Full quote:

" Federal supply law in the version the notice of 22 January 1982 (BGBl. 21), as set out in Article 1 of the Regulation of 19 June 2008. June 2015 (BGBl. I p. 993) "

:Recaught by Bek. v. 22.1.1982 I 21;
Last modified by Art. 4a G v. 15.4.2015 I 583
Note:Change by Art. 1 V v. 19.6.2015 I 993 (No 24) is taken into

For details, see the Notes

Footnote

(+ + + text evidence application:) menu. 1.1.1982 + + +)
(+ + + measures due to EinigVtr cf. BVG Appendix EV;
Measurements no longer apply gem. Art. 1 No. 6 (g) DBuchst. aa
G v. 21.1.2013 I 91 mWv 29.1.2013 + + +)

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

claim to supply

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§ 1 

(1) Those who, by means of military or military service or by accident during the exercise of military or military service, or by means of this service, have a health-related condition Injury has been suffered because of the health and economic consequences of the injury on request.(2) Damage within the meaning of paragraph 1 shall be equal to damage caused by
a)
a direct war action,
b)
a war caption,
c)
an internment abroad or in German areas not under German administration because of German nationality or German ethnicity,
d)
a criminal or coercive measure associated with military or military service or with the general disincentives, if it is considered to be an obvious injustice to the circumstances,
e)
an accident that the damaged person suffers on a return or return path, which is necessary to: a treatment, a spa treatment, a spa treatment as a group treatment or a participation in the working life in accordance with § 26, or, at the request of a competent service provider or a court, on the grounds of the
f)
an accident which the damaged person suffers in the performance of any of the measures referred to in (e).
(3) In order to recognise a health disorder as a result of damage, 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 generally granted.(4) A damage intentionally caused by the Damage of Damage shall not be considered as injury in the sense of this Act.(5) If the damaged person has died of the consequences of the injury, his survivors shall receive supplies on request. Paragraph 3 shall apply accordingly. Non-official table of contents

§ 1a

(1) Benefits are to fail if the beneficiary or the person from whom the authorization is derived from the during the reign of National Socialism has violated the principles of humanity or the rule of law and he is after the 13. The Commission has submitted a request for benefits in November 1997. Evidence that requires a particularly intensive review of whether a beneficiary has breached the principles of humanity or the rule of law through his or her individual conduct may, in particular, be made up of a voluntary Membership of the authorized person in the SS.(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 the confidence of the person entitled to an ongoing award of benefits in individual cases also in view of the It is not the case that serious violations of the law are in need of protection.(3) Where, in the cases referred to in paragraph 2, the immediate withdrawal or reduction of benefits leads to unreasonable hardship, the withdrawal or reduction shall be effected after a reasonable transitional period. Non-official table of contents

§ 2

(1) Military service within the meaning of § 1 para. 1 is
a)
any service rendered by German Wehrmacht as a soldier or Wehrmacht officer,
b)
the service in the Deutsche 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 Displaced Persons Act, which are German or German people, the fulfilment of the the compulsory compulsory military service in accordance with the rules of the country of origin before the 9. May 1945 the service in the German Wehrmacht equal. Sentence 1 shall also apply to ethnic German resettlers within the meaning of Section 4 of the Federal Displaced Persons Act (Bundesvertriebenengesetz).(3) In the case of German nationals, the service in the Wehrmacht of a state that has been allied to the German Reich stands for German during one of the two world wars or in the Czechoslovak or Austrian Wehrmacht. The right of defence shall be equal if the person entitled to the right of defence before the 9 May 1945 his residence or permanent residence in the territory of the German Reich according to the status of the 31. December 1937. Non-official table of contents

§ 3

(1) As a military service within the meaning of Section 1 (1) (1),
a)
the publication ordered by a service of the Wehrmacht for the purpose of determining the military capability, for aptitude test or military surveillance,
b)
which is due to a convocation by a military service or at the instigation of a military commander
c)
a scheduled or unscheduled embarkation of civilians on board 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 are on command of their In order to support military operations and thus to a military commander, as well as the service of the military administration officials,
e)
the service of the Wehrmacht volunteers,
f)
the service of the staff of the volunteers Health care in the Wehrmacht during 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 (reichsarbeitsdienst,
k)
the service under the Third Regulation to ensure the power requirement for tasks of special state policy importance (Emergency Service Regulation) of 15 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/OstInsert for the purpose of the Wehrmacht,
o)
the air protection service based on the First Implementing Regulation on the Air Protection Act in the since 1. September 1939 at the time of the injury in force after the call for air protection.
(2) The military service does not apply to the civil service, which is due to a service obligation or a contract of employment at the Wehrmacht. , unless the use has been associated with special, war-related risks to health. Non-official table of contents

§ 4

(1) Military or military service also includes
a)
the path of the convener to the place of work and the way home after the end of the Service,
b)
Service trips, services and service at destination,
c)
relaying the service-related path to and from the service point and
d)
Participation in official events.
Had the Damage due to the removal of his permanent family apartment from the place of work on this or nearby an accommodation, sentence 1 (c) shall also apply for the journey from and to the Family apartment.(2) Paragraph 1 shall apply mutacally to prisoners of war, internment and disappearances.(3) For those who have not had an apartment within the present borders of the territory of the Federal Republic of Germany, the period of discharge shall be deemed to have been terminated with the arrival at the provisionally allocated place of residence. Non-official table of contents

§ 5

(1) The immediate effect of war within the meaning of section 1 (2) (a) shall apply if it is related to a of the two world wars,
a)
Combat actions and thus directly related military Measures, in particular the action of combat agents,
b)
Government measures directly related to combat or its preparation, with the exception of: the general blackout measures,
c)
The effects of the damage caused by the particular circumstances of the flight from a warlike activity
d)
harmful processes that are due to the military occupation of German or former German
e)
Retrospective effects of military operations, who have left a dangerous area of danger to the war.
(2) The subsequent effects of warfare (paragraph 1 (e)) also apply to damage caused by the connection
a)
with World War II by relatives or other employees of the occupying powers or by Means of transport (including aircraft) of the occupying powers were caused before the day on which services are granted under other rules,
b)
with the first World War by the personal injury 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) have 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. . Non-official table of contents

§ 7

(1) This law applies to
1.
German and German referrals and their survivors,
2.
other war victims, if the damage with a service within the framework of the German Wehrmacht or with a military service for a German organization in causal context, and their survivors,
3.
other victims of war, in which the injury in Germany or in one at the time of the injury suffered by the German The surviving territory of the armed forces has entered into the territory of the United States by direct action of war, and the survivors thereof, insofar as they are domicated or habituated in the territory covered by this Act.
(2) The law does not apply to the cause of a claim to supply against another state, unless intergovernmental agreements determine otherwise. Non-official table of contents

§ 8

An authorized person with a resident abroad shall be provided with benefits in accordance with § § 64 to 64f. Non-official table of contents

§ 8a

(1) Damage within the meaning of Section 1 (1) is the same as that of a person entitled to damage or to the damage caused by the injury. Beneficiaries pursuant to § 10 (4) or (5) suffer from an accident in the execution of a stationary measure pursuant to § 12 (1) or (4) or (§ 26) or on the necessary back and forth. This shall apply mutagenly if the person entitled or recipient follows the request of a competent service provider or court to appear in person on account of the supply, and in so doing suffers an accident.(2) Paragraph 1 shall apply by analogy if a caregider suffers an accident in the case of a bathing treatment pursuant to section 12 (3) of this Directive.(3) Damage within the meaning of § 1 (1) shall be the same as that which is caused by an accident which is not insured pursuant to Article 2 (1) (1) (1) or (9) of the Seventh Book of the Social Code by an accident in the event of an injury caused by the consequences of the injury. Assistance of the damaged person on a way within the meaning of section 1 (2) (e) or accompanied by the necessary accompaniming 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. Non-official table of contents

§ 8b

A health injury within the meaning of Section 1 (1) is the result of damage to a body worn on the body. Auxiliary, glasses, contact lenses, or dentures are the same.

Scope of supply

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§ 9

(1) The supply includes
1.
healing treatment, dietary guidance and medical treatment (§ § 10 to 24a),
2.
Services of the War soprano care (§ § 25 to 27j),
3.
Damage pension (§ § 29 to 34) and care allowance (§ 35),
4.
funeral money (§ 36) and death allowance (§ 37),
5.
survivor's pension (§ § 38 to 52),
6.
Surcharge money in the death of survivors (§ 53).
(2) On request, the following benefits under this Act will be provided by a personal budget according to § 17 (2) to (4) of the Ninth Book of the Social Code in conjunction with the Budget Regulation:
1.
Services of the Heil- and medical treatment,
2.
Benefits for participation in working life in accordance with § § 26 and 26a,
3.
Benefits for participation pursuant to § 27d (1) (3),
4.
Assistance for care pursuant to § 26c including the aid for the continuation of the budget according to § 26d and
5.
the care allowance according to § 35.

healing treatment,
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§ 10

(1) Health care will be 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 of occupational or gainful activity caused by them Eliminate or improve, prevent an increase in suffering, avoid, overcome, diminish or prevent the aggravation of suffering, relieve physical ailments, facilitate the effects of the injury, or reduce the risk of injury to the patient. In accordance with the objectives set out in § 4 (1) of the ninth Book of the Social Code, damage should be made possible for 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 disorder to the condition that requires healing treatment is without any influence.(2) Healing treatment shall also be granted to serious damage to health disorders which are not recognised as a consequence of injury.(3) Versehrtenleibesübungen shall be granted damaged persons for the recovery and maintenance of physical performance.(4) Hospital treatment will
a)
the severely damaged for the spouse or life partner and for the Children (§ 33b para. 1 to 4) as well as for other relatives who live with him in the domestic community and are predominantly entertained by him,
b)
the recipient of a Care allowance for persons who have not only temporarily taken over their free maintenance and care,
c)
the widower and the surviving life partners (§ § 38, 42 to 44 and 48), orphans (§ § 45 and 48) and parents entitled to care (§ § 49 to 51)
to eliminate or improve health disorders or the impairment of occupational or earning capacity caused by them, a To prevent an increase in suffering, to avoid, to overcome, to reduce or to prevent their aggravation, to remedy physical complaints or to facilitate the consequences of the handicap. 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) Hospital treatment shall also be granted,
a)
Damaged with a degree of damage consequences of less than 50 per se and for the purposes of the provisions of paragraph 4 (a)
b)
widows and surviving life partners (§ § 38, 42 to 44 and 48) for the relatives referred to in paragraph 4 (a),
provided that the person entitled to participating in an achievement for participation in working life. The same shall apply in the event of a temporary interruption of participation in health or other grounds not to be justified by the person concerned.Beneficiaries who satisfy the conditions set out in paragraphs 2, 4 or 5 shall be granted benefits for themselves and beneficiaries 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 referred to in paragraphs 2, 4, 5 and 6 shall be excluded,
a)
if the entitled person is a member of the the income which exceeds the annual earnings limit of the statutory health insurance, unless the person entitled to care has the right to a care allowance or the medical treatment due to the health disorder recognised as a consequence of injury cannot be insured by health insurance, or
b)
if the person entitled or the person for whom the medical treatment is sought (nominee), according to the 31. (c)
if the beneficiary has an income which has an income which has been subject to the obligation of insurance in the statutory health insurance on request, or
c)
exceeds the annual wage limit of statutory health insurance, unless the beneficiary is entitled to a care allowance, or
d)
if a Social insurance institution is obliged to perform a corresponding service or
e)
if the right to the corresponding services from a contract, with the exception of claims arising from of a private health or accident insurance, or
f)
if and to the extent that the treatment or treatment is guaranteed by another law
Services for the purposes of this paragraph shall be those which are in accordance with the purpose of this paragraph 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 from the fact that he is insured under Section 10 of the Fifth Book of the Social Code.(8) Treatment or medical treatment may also be granted prior to recognition of a pension entitlement. Non-official table of contents

§ 11

(1) The healing treatment includes
1.
Outpatient medical and dental treatment,
2.
Care with Arznei-and Allied products,
3.
Health care including physiotherapy, exercise therapy, speech therapy and occupational therapy, as well as with eyeglass lenses and Contact lenses
4.
denture supply,
5.
treatment in a hospital (Hospital treatment),
6.
Treatment in a rehabilitation facility,
7.
Home Nursing,
8.
Relief supply,
9.
Probital Probing and Occupational Therapy,
10.
Non-Medical Social Pediatric Services,
11.
Psychotherapy as medical and psychotherapeutic treatment and sociotherapy.
The provisions governing the services to which the health insurance fund (§ 18c (2) sentence 1) is obliged to their members shall apply in respect of the benefits provided for in the first sentence of sentence 1, as far as this law does not determine anything else.(2) Stationary treatment in a spa treatment (bathing cure) may be granted under the conditions laid down in § 10 (1), (2), (7) and (8) if it is necessary in order to ensure the success of the healing process or to be expected in the foreseeable future. To prevent deterioration of the state of health, care or 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 bathing treatment is granted under the conditions laid down in Article 10 (1), health disorders which may affect the success of the bathing treatment shall be treated with the aid.(3) In order to supplement the supply of aid, Damaged under the conditions set out in § 10 (1), (2), (7) and (8), as a substitute benefit, may receive grants
1.
for the procurement, maintenance and modification of motor vehicles or bicycles instead of certain aids and their repair,
2.
for wheelchairs and for motor vehicles that have received or could have received a subsidy for the purchase of the damaged,
3.
to accommodate guide dogs,
4.
to procure and modify certain devices as well as
5.
at the cost of certain services and services.
For individual services, the full costs can also be assumed. Recipients of a care allowance, at least in accordance with stage III, may also receive a grant in accordance with the first sentence of 1 (1) if it is not applied for instead of an aid.(4) In accordance with § 10 (1), (2), (7) and (8) of the budget and a grant for a hospital or part-inpatient care in hospices, the employment of employees shall be subject to the appropriate application of the rules applicable to the health insurance fund (§ 18c Abs. 2 sentence 1).(5) The treatment also includes supplementary benefits for rehabilitation, which are not part of the benefits provided for in § § 11a, 26 and 27d; for these supplementary benefits, the provisions for the corresponding benefits of the sickness insurance fund apply (§ 18c 2, sentence 1). (6) The treatment of salvation and medical treatment 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 to a statutory health insurance. The claim to 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. Non-official table of contents

§ 11a

(1) Teachers ' physical exercises are performed in practice groups under medical supervision and expert guidance in the context of regular local practice sessions of appropriate sports communities.(2) The suitability of a sports community presupposeth that size, medical care, athletic management and exercise possibilities provide assurance for the proper conduct of the practice events.(3) The managing authority shall be used in the provision of the services of a sports organisation capable of ensuring a sufficient range of services throughout the country through appropriate sports communities. 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 of suitable sports communities may be directly responsible.(4) Where the managing authority serves the provision of the services of appropriate sports organisations or sports communities, the administrative costs resulting from it shall be appropriately replaced by the organisational institutions. Non-official table of contents

§ 12

(1) Section 11 (1), with the exception of sentence 1, No. 4, applies to the medical treatment. 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 contributions from own resources shall be calculated on the basis of their value or amount in respect of the total expenditure.(3) Spouses or life partners and parents of nurses, as well as persons who have taken over the free maintenance and care of a nursing allowance, may be granted a spa if they have been damaged at least since Two years of continuous care and the bathing cure is required to maintain its ability to care for the damaged. 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 the end of the care if the care has taken longer than ten years. Section 10 (7) and section 11 (2) sentences 2 and 3 shall apply accordingly. Entitled under sentences 1 and 2, budgetary assistance shall be granted in accordance with Section 11 (4).(4) beneficiaries are entitled to health care in the form of a cure under the conditions set out in § 10 (4), (5), (7) and (8), in the appropriate application of the provisions applicable to the health insurance fund (§ 18c (2) sentence 1).(5) Section 11 (4) shall apply mutagenently to beneficiaries or beneficiaries within the meaning of Section 10 (4) and (5). Non-official table of contents

§ 13

(1) The supply of tools includes body replacement, orthopaedic, and other equipment. Auxiliary equipment, guide dogs and accessories, maintenance and replacement of accessories and accessories, as well as training in the use of aids.(2) The aids must be granted in the required number on the basis of technical regulations, in technical and scientifically recognised, permanent design and equipment; they must meet the personal and professional needs of the person concerned. or beneficiaries, and comply with the generally accepted level of medical knowledge and technical development. As a rule, aids whose new value exceeds EUR 300 are not to be transferred.(3) The authorisation of aid may be made subject to the fact that the person entitled or recipient of the aid can be adapted or, in order to become familiar with its use, subject to training. The replacement of an unusable auxiliary can be rejected if it is not returned.(4) The person entitled shall be entitled to repair and replacement of the aids if their useless or loss is not due to abuse, intent or gross negligence on the part of the beneficiary or the recipient of the service.(5) For the supply of body parts, the Federal Ministry of Labour and Social Affairs may conclude agreements with service providers or their associations in which the remuneration to be paid and the special conditions for the supply of such products , Non-official table of contents

§ 14

Damage to which blindness is recognized as a result of injury, will receive 157 euros per month to support of a management dog and as a subsidy to the expenses incurred by foreign leaders. Non-official table of contents

§ 15

Convicts of the recognized consequences of the injury are exceptional wear on clothes or laundry, so the will replace costs with 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 wear and tear. 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. Non-official table of contents

§ 16

(1) Health care allowance is granted in accordance with the following rules
a)
Damage if it is due to a health disorder that is recognized as a consequence of injury, or is caused by a recognized damage sequence, becomes incapable of work within the meaning of the provisions of statutory health insurance; in the case of health disorders which are recognised as a consequence of injury only in the sense of aggravation, occurs in their place, the total health disorder, unless the health disorder recognised as a consequence of injury is without influence on the incapacity to work,
b)
Damaged if they become incapacitated because of other health disorders, if they are to be treated for treatment or treatment because of these health disorders (§ 10 para. 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 bis 51) if they become incapable of work, provided they are to be treated as a medical treatment (Section 10 (4) (c) and (7)).
(2) The person entitled to work in the sense of § § 16 to 16f shall also be regarded as incapable of work. style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
due to the implementation of a stationary treatment of healing or medical care, a Bathing cure or
b)
without being unable to work, due to another treatment of treatment or treatment, with the exception of the adjustment and repair of Auxiliary
c)
(omitted)
can not work full-day work.(3) entitlement to health care allowance shall also be made if the treatment is granted or a spa treatment is granted prior to recognition of the right to supply in accordance with § 10 para. 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 caregiver parent. § 45 of the Fifth Book of the Social Code.(4) The entitlement to health care allowance shall be based as long as the person concerned is entitled to unemployment benefit, maintenance allowance, maternity benefit or short-time allowance. 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 prior to 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 is 80 per cent of the regular salary received (regular fee) and may not be does 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 shall be set at 30 days.(2) For the purpose of calculating the amount of the rule, in the case of entitled persons who were employed for remuneration up to the beginning of the incapacity for work, the period of payment of remuneration calculated by the person entitled to work in the last period before the beginning of the incapacity for work, at least during the last four weeks (assessment period), and in order to share a one-time payment of reduced pay by the number of hours 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 under the rates 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 performance (value credit according to § 7b of the Fourth Book of Social Code), the calculation of the rule fee is the same as in the Duration of the contribution calculation based on the remuneration paid on the basis of the payment of a one-off payment; the value of the value which is not used in accordance with an agreement on flexible working time arrangements (Section 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 fee shall be taken into account up to the level of the respective applicable performance measurement limit. The performance measurement limit is the 360. Part of the contribution ceiling of the general pension insurance scheme for annual benefits.(4) In the calculation of the standard rate and the net work pay, the special features of the track zone are not to be taken into consideration in accordance with § 20 (2) of the Fourth Book of Social Law.(5) In the calculation of the regular remuneration, the first sentence of Section 9a, first sentence, point 1, point (a) of the Income Tax Act in the 5-year period is set out in 2011. November 2011. Unofficial table of contents

§ 16b

(1) If the person entitled to work has income from agriculture and forestry immediately prior to the onset of incapacity for work (§ § § § § § § § § § 16b). 13 to 14 of the Income Tax Act), from commercial enterprise (§ § 15 to 17 of the Income Tax Act) or from self-employment (§ 18 of the Income Tax Act), § 16a is to be applied accordingly.(2) The assessment period shall be the last calendar year for which an income tax notice is available. 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 To the extent that 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. Allowances for capital gains pursuant to Sections 14, 14a, 16 (4), 17 (3) and 18 (3) of the Income Tax Act and free amounts under Section 13 (3) of the Income Tax Act are not to be taken into consideration.(3) If an income tax assessment is not carried out, the period of assessment shall be the last calendar year preceding the start of the incapacity for work, for which the person entitled can prove the gains; the proven profits shall be considered to be: Rule fee.(4) If a rule fee referred to in paragraph 2 or 3 cannot be established, or if a regular fee determined in accordance with paragraph 2 or 3 arises because of substantial changes after the end of the assessment period or for other reasons, no reasonable standard in the case of loss of income, the regular fee shall be fixed taking account of the overall situation.(5) As a rule fee within the meaning of section 16a (1),
a)
shall also apply to beneficiaries who are subject to the conditions Article 30 (12), an amount equivalent to ten eighths of the additional costs of financial management required by the incapacity to work,
b)
if not persons employed in the labour market, who are prevented by incapacity to work, to take up a certain activity, the gross income which they receive on average, or, in so far as this income cannot be determined, Average income of the professional or economic group, who was the person entitled to work without the incapacity for work,
c)
in the case of recipients of unemployment benefit; or Maintenance allowance for ten eight of these benefits, provided that the conditions of subparagraph (b) are not met.
(6) If the sickness benefit is to be calculated in accordance with Article 16a and paragraphs 1 to 5, a single payment shall be made. To fix the daily health care allowance. unofficial table of contents

§ 16c

(omitted) 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, then the person entitled to receive a pension shall be entitled to the calculation of the pension is expected to be calculated on the basis of the previously used pay. Non-official table of contents

§ 16e

After the end of treatment or medical treatment or a spa treatment, benefits for participation in the working life if the person entitled to work is unable to carry out his/her work immediately thereafter, the pension fund shall continue to be granted for that period if the person entitled to work is unable to work and if he/she is unable to carry out his/her work immediately thereafter. a claim for sickness benefit is not available or if a reasonable employment cannot be provided to him. Non-official table of contents

§ 16f

(1) The person entitled to pay a salary during the reference to the pension fund is paid for by the Supply sickness benefit in order to reduce the amount of the remuneration reduced by the statutory deductions; one-off pay and the employer's benefits for the supply sickness benefit, insofar as they together with the health care allowance are paid for by the Incapacity to work, in order not to exceed the statutory deductions of reduced pay, shall remain out of approach. If the person entitled to a pension fund generates income from agriculture, forestry, business or self-employment, the supply sickness benefit shall be 80 per cent of the amounts deemed to be regulated. Shorten.(2) In the event of an activity carried out by an activity during the course of the payment of pension sickness benefit, the pension fund shall be reduced by 80 from the hundred of the earned income.(3) The supply sickness allowance shall also be reduced by the amount of
1.
cash benefits granted to a public service body in connection with health care or health care,
2.
Pensions if the pension benefits are based on earnings before retirement or work income,
3.
Pensions that are granted for the same reason as the rehabilitation measures, if the offsetting avoids an incheap double-performance.
(4) Power of the If there is no entitlement to benefits from a public service body, the amount to be credited to the public authority is to be credited; this does not apply in so far as the claims are not to be realised or from ignorance or from an agreement. Reason not claimed or claimed.(5) § 71b shall apply. Non-official table of contents

§ 16g

(1) Is a worker the day after the termination of a service-based 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 and paid for. Survivor's care, if the health disorder is caused by damage 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. 2978), has been amended.(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 shall expire earlier if the incapacity for 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 demand compensation on the basis of statutory provisions from a person responsible for compensation on account of the default of earnings which he has incurred as a result of the incapacity for work, the employer shall be entitled to reimbursement in accordance with the provisions of Paragraph 1 shall require only the assignment of this right to the extent of the obligation to provide services based on the provisions of paragraph 1.(4) The expenses of the 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

The employer refills the entitlement to payment of the amount during the incapacity of the person entitled to work. The entitlement of the person entitled against the employer to the amount of the paid health care fee shall be transferred to the cost carrier of the war victim supply. The extent to which the employer can claim reimbursement in accordance with § 16g para. 1 is not to be asserted. Non-official table of contents

§ 17

Performs a necessary measure for the treatment of a recognized damage sequence (§ 10 paragraph 1, § 11 (1) and (2)) of a significant impairment of the employment base of the damaged person, an aid may be granted at an appropriate level; it is not intended to 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. Non-official table of contents

§ 18

(1) The benefits in accordance with § § 10 to 24a are provided as benefits in kind, in so far as this is the law or the Ninth Book of the Social Code does not yield anything else. Benefits in kind shall be granted to beneficiaries and beneficiaries without participation in the costs. The same applies to the replacement of the costs of treatment by the health insurance funds in the course of the treatment of salvation and sick leave.(2) In the case of the provision of a dental prosthesis (§ 11 para. 1 sentence 1 no. 4) or with means of aid (§ 11 para. 1 sentence 1 no. 8, § 12 para. 1 sentence 1), in-kind benefits in kind may be provided on request in scope, material or execution beyond the measure of the necessary, if this also achieves 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 sentence 1 or 2 leads to additional costs in the event of a subsequent performance, it shall be liable to the beneficiary or nominee.(3) If the person entitled has carried out a treatment, treatment or spa treatment prior to 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 will, an employment person was prevented from registering prior to the start of the treatment.(4) If the person entitled has received a medical or medical treatment after the recognition itself, the costs shall be reimbursed to an appropriate extent, if unavoidable circumstances make use of the sickness insurance fund (§ 18c (2) sentence 1) or the The Administrative Authority (§ 18c (1) sentence 2) made it 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 beneficiary 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 will not be reimbursed.(5) Where the person concerned is entitled to the benefit of the costs referred to in paragraph 3 or 4, there is also the right to benefit sickness benefit.(6) Instead of the performance in accordance with Article 11 (1), first sentence, No. 4, a grant may be granted to the damaged person for the procurement of a payment for a dental prosthesis at an appropriate level, if he is not entitled to any claim for loss of further teeth for which no claim is made. for medical treatment according to this law, an extended denture can be made. The administrative authority may pay the subsidy directly to the dentist.(7) In special cases, the inpatient treatment of a damaged person may also cover the costs of benefits which go beyond the general hospital benefits if, in the circumstances, in particular with regard to the recognized damage sequences are required.(8) In the event of the death of the person concerned, the heirs may be reimbursed the costs of the last illness in an appropriate manner. Non-official table of contents

§ 18a

(1) The services provided for in § § 10 to 24a are 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 of the health insurance fund Benefits under this Act.(2) The performance in accordance with § § 10 to 24a shall be made, unless otherwise specified in the following, of the 15. 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 services shall be granted on its own account from the day on which the relevant facts of the sickness insurance fund or administrative authority have become known.(3) Supply sickness benefit is to be granted from the day on which its conditions are met if it is received within two weeks after the onset of the incapacity for work or after the commencement of the treatment or after the elimination of the claim for payment of the salary or salary, otherwise from the date on which the application is submitted. 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 insurance fund or administrative authority have become known. The rates 1 to 4 shall also apply to the aid in accordance with § 17.(4) In the case of benefits in accordance with § § 10 to 24a, which are to be granted in monthly amounts, § 60 shall apply mutaficly.(5) Benefits in accordance with § § 10 to 24a, which are to be granted in annual amounts, shall be granted from the first January of the year of application, at the earliest from the first of the month in which the conditions are met. On its own account, these benefits shall be granted from the first of January of the year in which the sickness insurance 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 fulfilled. 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 benefits in accordance with § § 10 to 24a shall be granted, unless otherwise specified in the following, until the date on which 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 or the nurse, the benefits shall end at the end of the sixth month following the death month.(7) Supply sickness benefit and aid in accordance with § 17 end with the omission of the conditions for granting, the entry of a permanent condition, the granting of an old-age pension from the statutory pension insurance or the payment of Early retirement money. 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 determination of a permanent condition shall be excluded as long as the person entitled to the treatment is granted inpatient treatment or until he has 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 with the deadline 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 met. Non-official table of contents

§ 18b

Authorised and beneficiaries who receive benefits only under this law, and the beneficiaries, which are insured under § 10 of the Fifth Book of the Social Code, have to be expunged from doctors and other service providers. § 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 + + +) Non-official Table of contents

§ 18c

(1) § § 10 to 24a are 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, insofar as the managing authority is responsible for the provision of the main service, reimbursements to health insurance funds, contributions to statutory pension insurance for periods of reference of Supply sickness benefit, reimbursement of expenses for old-age insurance and contributions to the promotion of employment. The other services are provided by the sickness funds for the managing authority. To this extent, the beneficiaries and beneficiaries are subject to the health care system.(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 beneficiaries who are members of a sickness insurance fund and, in the case of beneficiaries and beneficiaries, of the family members of a health insurance company. Member of the sickness insurance fund, this sickness insurance fund, in the treatment of the other persons who have been damaged and the medical treatment of the beneficiaries and the other beneficiaries of the General Local Health Insurance Fund of the place of residence. The appeal authority responsible for the managing authority shall decide on appeals against administrative acts adopted in the context of the provision of services by health insurance companies.(3) Instead of the sickness insurance fund, the managing authority may provide the services. The sickness funds are to inform the managing authority of cases in which the provision of the services is indicated by the managing authority.(4) Even if the treatment of treatment and treatment is only granted under this law, doctors, dentists, pharmacists and other persons serving the treatment of salvation and medical treatment, as well as hospitals and institutions, shall only have access to the persons responsible for the treatment of such treatment. the payment of remuneration to be paid to 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 rules may be allowed.(5) Services of public service providers which are based on legislation but which are not subject to a claim shall not therefore be denied or reduced because, in accordance with § § 10 to 24a, benefits are provided for the same purpose. If another public service provider does not provide in kind, grant or other cash benefit or a contribution in kind associated 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 in kind. The obligation to refund does not exist if the health disorder to be treated is recognised as a consequence of injury or has been caused by a recognised damage order or if benefits have been provided for beneficiaries, according to § 10 of the Fifth Book of the Social Code.(6) Doctors, hospitals and other service providers shall be required to submit to the managing authority and the sickness insurance fund (paragraph 2, first sentence) the data referred to in § § 294, 295, 298 and 301 to 303 of the Fifth Book of Social Code, insofar as this is necessary for the performance of the administrative authority or the sickness insurance fund. Non-official table of contents

§ 19

The health insurance funds will be reimbursed expenses for services that they have provided according to § 18c. Expenses for their members will only be reimbursed to the extent that these 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 + + +) Non-official table of contents

§ 20

(1) The reimbursement claims of the health insurance companies according to § 19 will be paid out in a flat-rate way. 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 one-hundred-sentence by which the number of eligible employees and survivors on the 1. July of the year in comparison to the 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 orthodontic treatment). 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 receives it for the health insurance companies. 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 the 31. December 1993, on the volume of refunds of all health insurance funds for the 1993 financial year.(3) The sickness funds shall be reimbursed for the provision of services in accordance with § 18c of the administrative costs of 3.25 per cent of the lump sum referred to in paragraph 1. The allocation of this amount to each country depends on the number of persons with the right to retire and the number of 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 accordingly.(4) The provisions of paragraphs 1, 2 and 3 shall apply only if expressly provided for in respect of expenses in accordance with laws which provide for the application of this law in accordance with this law.

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 + + +) Non-official table of contents

§ 21

For the Reimbursement pursuant to § 18c (5) shall apply to § § 107 to 114 of the Tenth Book of Social Code. The limitation period 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 right to supply.

Footnote

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

§ 22

(1) The managing authority shall pay the contributions to the statutory pension insurance for the beneficiaries. Times of payment of health care allowance as well as the contribution to the promotion of employment.(2) Non-pensionable beneficiaries who receive pension benefits shall, upon application, reimburse the pension expenses up to the amount of the contributions to the statutory pension insurance scheme for periods of payment of: Pension benefits would be payable. 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 companies based on life insurance contracts.(3) The sickness fund shall appoint the managing authority on a quarterly basis the recipients of health care allowance, shall provide the information required for payment of the amounts and shall submit appropriate documents on request from the managing authority. unofficial table of contents

§ 23

(omitted) unofficial Table of contents

§ 24

(1) Authorized 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 for replacement of the travel expenses.(2) Replacement of lost earnings shall be granted on an appropriate scale
a)
in the adjustment and the repair of aids,
b)
with the necessary accompaniments, if the person entitled to the refund is obliged to reimburse it.
Sentence 1 (b) also applies in connection with services provided by the sickness insurance fund for the treatment of damage consequences.(3) If an aid (Section 13 (1)) has been adjusted, amended or repaired without the consent of the authorities, compensation for lost earnings and compensation for lost earnings shall be granted in an appropriate amount if the need for This measure is recognised. Non-official table of contents

§ 24a

The Federal Government is empowered to act with the consent of the Federal Council (Bundesrat)
a)
Art, scope and special requirements for supplies including accessories and accessories, and (
)
c)
c)
b)
to determine in more detail what is considered to be a tool and an accessory within the meaning of Section 13 (1),
c)
for Damage pursuant to the Federal Supply Act and the laws providing for the appropriate application of this law, type, scope and special requirements of the to determine in greater detail the physical fitness of the semen as well as the types of sports that are considered to be the physical exercises, the conduct of the dietary exercises, the basics and the maximum amounts of the exercise of the diver's physical exercises by Sports organisations to determine the flat-rate compensation for expenditure, as well as the bases for the pro-rata remuneration, which is to be agreed with sports communities, of the expenses incurred by the participation of the persons responsible for the expenditure on the Exercise events are created, closer to rules,
d)
The dimensioning of the lump sum for clothes and clotheswear for individual groups of damage sequences and the Determination of special cases within the meaning of § 15.

War Opferer

A non-official table of contents

§ 25

(1) War victim care benefits are granted to employees and survivors to supplement the other benefits under this Act as special assistance in individual cases (Section 24 (1) (2) of the First Book of the Social Code). (2) The task of the victims of war is to accept the damaged persons and their family members as well as the survivors in all circumstances of life in order to deal with the consequences of the injury or the loss of the spouse or partner, parent, child or grandchild appropriately, or to mitigate it.(3) War victim care benefits shall be provided in accordance with the following provisions:
1.
Damaged, who refer to the basic pension pursuant to § 31 or are 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 entitled to parental pension due to the amount of their income and the conditions of § § 49 and 50 are fulfilled.
Services of the victims of war victims shall also be granted if the right to care in accordance with § 65 rests, the right to payment of basic pension for severance pay or transfer is transferred or widow's supply on the basis of the credit statement in accordance with § 44 (5).(4) Damaged persons shall also receive the benefits of the victims of war for 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,
1.
the spouse or the life partner of the damaged person,
2.
the children of the damaged,
3.
the children who are considered to be the children of the damaged according to § 33b paragraph 2 and his foster children (persons with whom the Damage is linked by a family-like volume calculated for a longer period of time, provided that he has included them in his household and does not have a relationship of care and care with the parents any more
4.
Other members who live with the damaged household in the home community,
5.
Persons whose exclusion would mean an obvious hardship
if the Damage mainly denies the family member's livelihood, before the damage has been disputed or would probably dispute without the injury. Children shall be subject to the completion of the 18th sentence of 2 and 3. In addition, as family members, if they live with the damaged person in the home community or if they meet the requirements of § 33b (4) sentence 2 to 7.(5) Services of the victims of war victims can also be provided if the nature and extent of the supply is not yet legally decided, but the recognition of a supply claim is to be expected.(6) The right to benefit in a body (§ 25b (1) sentence 2) or to care allowance (§ 26c (8)) is to the extent that the benefit has been provided to the persons entitled to benefit, after their death to those who provided the assistance or the care . Non-official table of contents

§ 25a

(1) War victim care benefits are provided if and to the extent that the Damage is due to injury and the survivors are not able, as a result of the loss of the spouse or partner, parent, child or grandchild, to the needs to be recognised in accordance with the provisions set out below in accordance with the provisions of this Act and the other income and assets.(2) A link between the injury or loss of the spouse or life partner, parent, child or grandchild and the need for performance shall be presumed, unless the opposite is obvious or proven. 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
be
1.
in the 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 severely damaged persons, who shall be the 60.
3.
in the case of survivors who are fully employed or incapacitated in the sense of the Sixth Book of Social Code, or the 60.
Non-official table of contents

§ 25b

(1) War victim care benefits are
1.
Benefits for participation in working life and supplementary benefits (§ § 26 and 26a),
2.
Hospitals (§ 26b),
3.
Help for Care (§ 26c),
4.
Help to continue the budget (§ 26d),
5.
Altenhilfe (§ 26e),
6.
Education allowance (§ 27),
7.
Supplemental help for living (§ 27a),
8.
Recreation Help (§ 27b),
9.
Housing Help (§ 27c),
10.
Help in special circumstances (§ 27d).
If the performance is performed in a stationary or part-inpatient facility, it also includes the work performed in the institution Subsisting, including the one-off services required in addition; § 133a of the Twelfth Book of the Social Code applies 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) The types of services offered by the victims of war are service, property and cash benefits.(3) The provision of services includes, in particular, the provision of advice on questions relating to the protection of the victims of war, and the provision of information in other social matters, insofar as they are not to be carried out 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 in kind, 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 services provided by the victims of war are based on the specific nature of the individual case, the nature of the needs and the 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. Non-official table of contents

§ 25c

(1) The amount of cash benefits is measured according to the difference between the need to be recognised and the amount of cash received. § 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 have the support of the To reimburse the expenses incurred by the war.(2) If a material benefit is considered, 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 shall not be used in so far as the use of income on a case-by-case basis, taking into account the particular situation of the damaged or surviving dependants, above all in the manner and close to the damage of the needs, duration and level of the necessary Expenses, as well as the particular burden on the persons entitled to benefit and their dependants, would be unreasonable. 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 to the extent required.(4) (omitted) unofficial table of contents

§ 25d

(1) Income in the sense of the rules on the provision of war victims are all income in money or financial value other than the benefits of the victims of war; Article 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 section 48.(2) The income of the non-separately living spouse or life partner shall also be considered as the income of the persons entitled to benefit, insofar as it exceeds the income limit of § 25e paragraph 1, which is the determining factor for the eligible beneficiaries. 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. Section 25e (2) shall remain unaffected.(3) From income must be deducted
1.
taxes to be paid on income,
2.
Compulsory social security contributions, including contributions to work promotion,
3.
Contributions to public or private insurance or similar bodies, insofar as 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, insofar as they are do not exceed the minimum personal contribution according to § 86 of the Income Tax Act,
4.
the necessary income related to the income tax Expenditure,
5.
the allowance and increases in the amount of the pay in accordance with § 43 sentence 4 of the Ninth Book of the Social Code.
(4) Services which: be provided for an express purpose on the basis of public law provisions, and shall be taken into account only as far as the income of the victims of the victims of war serves the same purpose in individual cases. Compensation that is made under Section 253 of the Civil Code on account of a damage that is not property damage shall not be considered as income.(5) Free welfare benefits shall not be considered as income, insofar as they do not adversely affect the situation of eligible beneficiaries in such a way that, in addition, the benefits of the victims of war would be unjustifiable. Grants which another person provides 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) (omitted) Non-official table of contents

§ 25e

(1) The income of the eligible persons is to be used only if it is a month. is in excess of an income limit that results from
1.
a basic amount of 2.65 from the hundred the amount of the assessment of § 33 (1) sentence 2 (a) (amount of assessment), but at least in the amount of the basic amount in accordance with § 85 (1) No. 1 of the Twelfth Book of Social Code,
2.
the cost of the accommodation,
3.
a family surcharge of 40 percent of the basic amount after Number 1 for the majority of the spouses or life partners, who are mainly held by beneficiaries, and for each of the other persons entitled to benefit, alone or together with the spouses or life partners, for the most part Person,
, but not more than one twelfth of the amount of the tax plus an amount equal to 75 per cent of the respective family allowance.(2) In the case of underage unmarried persons, the income of parents must also be used to meet the needs. For the use of income, 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 have been damaged 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 persons who are in employment live; if the parents do not live together and do not live the person or those who are in employment with any parent, the income limit is determined by Paragraph 1; § 25d (2) sentence 2 shall apply.(3) Paragraphs 1 and 2 shall not apply in the cases of § § 26a, 27 (2) sentence 4 as well as § 27a; § 26 (5) sentence 2, § 26b para. 4, § 26c paragraph 11, § 27 para. 2 last sentence and § 27d paragraph 5 remain unaffected.(4) In the case of a stay in a stationary or part-stationary institution, income in the amount of the saved expenses for the domestic living expenses shall be used after the expiry of two months after admission to the institution, insofar as it is under the determining income limit, and it would be uncheap 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) Where income is to be used in individual cases to meet certain needs, the use of this income may not be required to cover another, at the same time, need. If different income limits are decisive, it is first of all to decide on the performance for which the lower income limit is decisive. Where the same income limits are the responsibility and the various institutions responsible for the victims of war, the decision on performance shall take precedence over the first demand; 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. Non-official table of contents

§ 25f

(1) The total value of assets that can be used is to be added. 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, in so far as this is the case for the beneficiaries who have the assets to use and for their dependants 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 the Social Code, and Section 25c (3) shall apply accordingly.(2) As small amounts of cash or other monetary values, the following percentages of the amount of the tax shall be taken into account in accordance with Article 33 (1) sentence 2 (a):
1.
10 from the hundred when providing additional support for the livelihood of those entitled to benefit, including special caregiver, who is the 60. Have not yet completed life year,
2.
20 of the hundred when providing supplementary assistance for the livelihood of those who are entitled to live, the 60. They shall have completed their life year, including special carers, as well as full-bothered or ineligible persons in the sense of the Sixth Book of the Social Code and the invalidity pensioners comparable to that person,
3.
20 of the hundred in the provision of all other services, except for special carers, if not the conditions for the award of the legal allowance in the amount of 40 of the hundred in the case of the provision,
4.
40 of the hundred in the case of the provision of care allowances to persons in need of serious care pursuant to § 26c (8) sentence 3, of Blind aid in accordance with Section 27d (1) (4) and all other benefits to special carers, with the exception of supplementary aid for subsisting,
plus an amount equal to 4 per cent of the amount of the tax for the the majority of the spouses or life partners, and of 2 of the hundred for each other person, alone or together with the spouse or partner, for the majority of the persons.(3) Self-used residential property within the meaning of Section 17 (2) of the Housing Promotion Act, which is inhabited by persons entitled to benefit alone or in whole or in part with relatives who, after the death of the persons who are entitled to benefit, are resident in the housing is not to be used, is not to be used.(4) In the case of underage unmarried persons, the assets of the parents must also be used or used to meet the needs. 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 in any parent, the same applies to the use and the recovery of assets (2).(5) If damaged and their spouses or life partners, or are both parents of minor unmarried persons, blind or disabled within the meaning of Article 1 (1) sentence 2 of the Regulation implementing Section 90 (2) (9) of the Twelfth Book of the Social Code, paragraphs 2 and 4 shall apply with the proviso that for spouses or life partners of those who have been damaged and for the parent of minor unmarried persons, an amount of 12 of the hundred of the persons who have been damaged by the law shall be entitled to The amount to be measured is to be applied. Non-official table of contents

§ 26

(1) Damaged benefits are provided for participation in working life in accordance with § § 33 to 38a of the ninth book 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 establishment of vocational rehabilitation, expenses incurred there shall be borne by the institution of the victims of the victims of war as benefits in kind.(3) Benefits for participation in working life also include support for the establishment and maintenance of an independent existence; cash benefits for this purpose shall as a rule be provided as loans.(4) Benefits for participation in working life, including benefits in the entrance procedure and in the vocational training sector of a recognised workshop for disabled persons, shall be supplemented by: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Transitional allowance and maintenance allowance in accordance with § 26a,
2.
Enpayment of contributions to the statutory pension insurance for periods of transition benefit in compliance with § 50 of the Ninth Book Social Code, refund of the Expenses for the retirement of non-insured persons liable for voluntary contributions to statutory pension insurance, for contributions to public-service professional insurance and pension institutions, and to public or private insurance undertakings on the basis of life insurance contracts, up to the amount of contributions to be paid to the statutory pension insurance scheme for periods of payment of transitional allowance,
3.
Household aid in accordance with § 54 of the Ninth Book Social Code,
4.
Other services, which are available under Taking into account the nature and severity of the injury, in order to achieve or secure the goal of rehabilitation,
5.
Travel expenses according to § 53 of the Ninth
(5)
, in accordance with paragraph 1 or 4, no. 4, benefits are provided for the achievement of the workplace or the place of an achievement for participation in the working life, in particular assistance for the procurement and maintenance of a work-life. In the context of a legal regulation pursuant to § 27f, the use of income may, by way of derogation from § 25e (1) and (2) and § 27d (5), be determined for the approximation of these benefits and by the use and exploitation of assets. or in part. 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 consideration; § 26a shall remain unaffected.(6) Widows, widows or surviving partners who wish to be employed in order to maintain a suitable position shall, in justified cases, be provided with benefits in accordance with paragraphs 1 to 5, except in paragraph 4 (4). . Non-official table of contents

§ 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 § § 16a, 16b and 16f apply mutatis-ly to the calculation of the transitional period.(2) If the damaged income within the meaning of Section 16b (1) has been achieved and immediately before the commencement of the benefit for participation in the working life, no health care allowance, sickness benefit, injury or transitional allowance, shall be applied for the calculation of the Transitional period § 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 civil servants, 10-eighth of the income (cash and in-kind) related before the termination of military service or civil service, as a soldier or a civil service provider, if
a)
The Damage before the military service or civil service did not earn a labor income or
b)
the remuneration to be taken into account in accordance with § 46 (1) sentence 1 or § 47 (1) of the Ninth Book of the Social Code or the first sentence of the second sentence of paragraph 2.
(3) Persons who have not been employed professionally before the commencement of the performance of their participation in the working life shall receive maintenance aid 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. In order to measure the maintenance allowance, the provisions relating to benefits for the maintenance of the maintenance allowance shall apply mutas to the granting of education allowance; section 25d (2) shall not apply to full-year employment. In the case of persons who are damaged in a rehabilitation facility, the calculation of maintenance allowance is only a reasonable amount to pay additional additional needs and expenses from ongoing non-white to lay down commitments.(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 considered as income. Non-official table of contents

§ 26b

(1) Hospital assistance is provided to employees and survivors in addition to the benefits of the salvation and Medical treatment according to this law. § § 10 to 24a shall remain unaffected.(2) Hospital assistance shall include medical and dental treatment, treatment with medicinal products, bandage and dentures, hospital treatment and other necessary recovery, improvement or alleviation of the consequences of the disease. Benefits. As a rule, the benefits are to be in accordance with the benefits provided under the statutory health insurance regulations.(3) Doctors and dentists shall be entitled to pay for their benefits, which shall pay the local sickness insurance fund, in whose area the doctor or dentist is established, for their members. The sick person has a free choice between doctors and dentists who are willing to receive medical or dental treatment in the context of hospital assistance for the remuneration referred to in sentence 1.(4) In the event that the disease has to be carried out during a continuous period of three months, either permanent hospital or because of the special gravity of the disease, it is necessary to set the income limit § 27d (5). Sentence 1 No 1 shall apply accordingly. Non-official table of contents

§ 26c

(1) Damaged and surviving due to a physical, mental or mental illness, or Disability for ordinary and regular recurrent directions in the course of daily life in the long term, presumably for at least six months, need to be of considerable or greater need, is to provide assistance for 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 shall remain unaffected.(2) Aid 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 Social Code; § 28 (4) of the Eleventh Book of Social Code applies accordingly.(3) Diseases or disabilities within the meaning of paragraph 1 are:
1.
Losses, paralysis or other Dysfunction of the support and locomotor system,
2.
Functional disorders of the internal organs or of the sensory organs,
3.
Central nervous system disorders such as drive, 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 need within the meaning of paragraph 1 is in support of: in the partial or complete transfer of the orientations in the course of daily life or in supervision or guidance with the aim of taking over these directions in their own right.(5) Ordinary and regular recurrals within the meaning of paragraph 1 are:
1.
in the range body care, washing, showers, bathing, dental care, combing, shaving, intestinal or bladder emptying,
2.
in the field of nutrition the mouth-and-mouth Preparing or receiving 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 linen and clothes or the heating.
(6) The ordinances 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 Social code, the framework agreements, 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 Social Code, for the purpose of determining the concept of the need for care, the content of care, accommodation and meals, and the definition, amount and adjustment of the care funds referred to in paragraph 8 Application. The decision of the care fund on the extent of the need for care in accordance with the Eleventh Book of the 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. shall be considered.(7) In the case of paragraph 1 of the Regulation, the institution of the POW shall ensure that the care, including the provision of domestic care, by persons close to the person in need of care or by means of the care provided by the Neighbourhood aid will be taken over. 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 shall apply accordingly.(8) In need of care, those in need of personal care, nutrition or mobility for at least two directions from one or more areas at least once a day, and in addition several times a week in the aid of the In accordance with § 37 (1) sentence 3 No. 1 of the Eleventh Book of the Social Code, a care allowance is granted for the care of the household. 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 hygiene, 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 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 compared to a healthy, same-age child is the decisive factor.(9) In accordance with paragraph 1, care in need of care must be reimbursed to the care person's reasonable expenses; adequate aid may also be granted and contributions from the carer for an adequate retirement provision should be provided when such care is taken is not otherwise guaranteed. 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 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 the care allowance is not otherwise ensured.(10) Services referred to in paragraphs 2, 8 and 9, third sentence, shall not be provided to the extent to which care needs of the same kind are 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 funds 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 benefits under 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 provided for in § 26c (9) sentence 1 and 2. § 2 of the Twelfth Book of the Social Code remains untouched.(11) When determining the income limit,
a)
is in a stationary facility when it is taken care of when it is used is likely to be required for a longer period of time, and in the case of domestic care, if the severity of helplessness referred to in paragraph 8, sentence 1 or 2, consists, § 27d (5) sentence 1, no. 1 and sentence 2,
b)
in accordance with paragraph 8 sentence 3, § 27d para. 5 sentence 1 no. 2 and § 27d para. 5 sentence 2 and 3
accordingly.(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 according to § 25e (1) or § § 25e (3). 26c (11) or the assets exceed the assets of the assets according to § 25f. Non-official table of contents

§ 26d

(1) Damaged and survivors with their own budget are to receive benefits for the continuation of the budget, if none of the household members can lead the budget and the continuation of the budget is required. As a rule, the services are to be provided only temporarily. Sentence 2 shall not apply if the services can prevent or postpone accommodation in a stationary facility.(2) Services shall include the personal care of household members and the other activities necessary for the continuation of the budget.(3) § 26c (7) sentence 1 and (9) sentence 1 and 2 shall apply accordingly.(4) The benefits may also be provided by taking over the appropriate costs of temporary accommodation for other members of the household if, in special cases, such accommodation is not provided for, in addition to or instead of the continuation of the Budget is on offer. Non-official table of contents

§ 26e

(1) Old-age assistance is to be damaged in addition to the benefits under the other provisions of this law, and Survivors are provided. It is intended to help prevent, overcome or mitigate difficulties caused by old age, and to enable those who have been damaged and who are surviving in old age to be able to participate in life in the Community.(2) The provision of care for the elderly is particularly relevant:
1.
Procurement and procurement services Maintaining an apartment that meets the needs of the old man,
2.
Advice and support in all questions of admission to a facility that the Care of old people serves,
3.
Services on all issues relating to the use of age-appropriate services,
4.
Services to visit events or institutions related to 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 for other activities and commitment to society.
(3) Services referred to in paragraph 1 should also be provided if they are prepared for age are used.(4) Altenhilfe is to be provided without regard to existing income or assets, to the extent that advice and support are required in individual cases. Non-official table of contents

§ 27

(1) obtaining education grant
a)
orphans, pension, or orphan allowance according to this law, and
b)
Damaged, the basic pension in accordance with § 31, for their children as well as for children within the meaning of § 25 (4) sentence 2 no. 3.
§ 25 (3) sentence 2 applies accordingly.
Die Education allowance is intended to provide education for physical, mental and moral skills, as well as appropriate education and training appropriate to the facilities and skills.(2) Education allowance shall be provided to the extent that the appropriate needs for education, training and livelihood are provided by the income and property of the orphans and their parent or by the income and property to be used The damaged and their children within the meaning of the first sentence of paragraph 1, point (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 orphan for which education aid is requested or to be provided; this shall also apply in the cases in the first sentence of the first sentence and in 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, with the exception of the work income obtained during the training, in so far as it is not remuneration and, in the calendar year, seven of the hundred 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 the court, the following shall be the basis of the child's income. Benefits income of the child. Damaged persons receiving a care allowance shall be granted education allowance 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 spouse, the income of the spouse or the 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 shall be considered to be higher than the income of the spouse. Income limit, the excess amount is on
a)
the orphan and the other against the Parent's dependants,
b)
the child of the Damage and the other dependant on the Damaged dependant,
c)
the orphan and the other to the orphanage's spouse,
d)
the child of the
to be divided equally between the spouse and the other of the spouse of the child of the dependent. The proportion falling on the orphan or the child of the damaged person shall be used as income.(4) Education allowance shall be damaged at the latest 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 in accordance with
1.
for members of the Federal Armed Forces and the Police Enforcement Service, who voluntarily commit themselves for a period of no more than three years , as well as
2.
for the activity within the meaning of Section 1 (1) of the Development Helpers Act
for a period of time 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's pension or orphan allowance.(6) It is not possible for the usual training to be carried out on grounds not to be represented by those who have been damaged, their children or orphans, with the completion of the 27. It is also possible to continue to provide education aid beyond that date. Non-official table of contents

§ 27a

Supplementary assistance for living is to be provided to employees and survivors, to the extent that the livelihood is cannot be disputed from the other benefits under this Act 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 account of 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 paid in accordance with the Housing Act. Non-official table of contents

§ 27b

(1) Recreation assistance is provided to employees and their spouses or partners, as well as to survivors Recreational stay, if the recreational activity is necessary to maintain health or workability, the intended form of recreational stay is appropriate and, in so far as it is damaged, the need for recovery by the , in the case of serious damage, the relationship between the recognised damage sequences and the need for recovery is always assumed.(2) The duration of the recovery period shall be such that the recovery success shall be as sustainable as possible; it shall be three weeks, but shall not normally exceed this period. Further recreational assistance is usually not to be provided before the end of two years.(3) The expenses of those seeking recovery, which are spared during the period of recovery for the home living, will be taken into account in a demand-reducing manner. Additional smaller 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 recovery measure, it should be ensured that adequate provision is made for children and such members of the household who are in need of care.(5) The need for recovery assistance should include the need for the accompanying person to be accompanied by a permanent accompaniment, and the need for recovery assistance. Non-tampered table of contents

§ 27c

Housing assistance is provided to the Damaged and Survivors. The housing assistance consists of counselling in housing and settlement matters as well as in the participation in the procurement and maintenance 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. Non-official table of contents

§ 27d

(1) Damaged and survivors receive assistance in special circumstances
1.
Help to build or back up the livelihood,
2.
Health care,
3.
Disintegration Assistance for Disabled People,
4.
Blind Help,
5.
Help to overcome special social difficulties.
(2) Services may also be provided in other special circumstances where they justify the use of public funds, taking into account the purpose of the victims of the victims of war.§ § 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 persons, shall apply to the assistance in special circumstances of life. Survivors accordingly. § § 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 in accordance with other provisions shall be provided for the benefits of the victims of war victims.(4) The provisions of paragraphs 1 to 3 shall also apply to survivors who are in need of assistance in view of the obstruction of the assistance.(5) In determining the income limit, the basic amount shall be replaced by a basic amount
the basic amount in accordance with § 25e (1) (1) (1) (1
(1) (1
. style="font-weight:normal; font-style:normal; text-decoration:none;"> in the height of 4.25 from the hundred of the amount in the case
a)
the integration aid for disabled people in accordance with § 53 paragraph 1 sentence 1 of the Twelfth Book of the Social Code in a stationary or partially inpatient facility,
b)
the care of the persons named in § 53 (1) sentence 1 of the Twelfth Book of the Social Code with body parts as well as with major orthopaedic or larger other Aids (§ 31 of the Ninth Book Social Code),
c)
Help for care in a stationary or partially inpatient facility, if it is expected to be , as well as in the case of home care, if the severity of the need for care referred to in § 26c (8) sentence 1 and 2
2.
in Amount of 8.5 per cent of the amount in the cases
a)
of the Blind Assistance in accordance with § 72 of the Twelfth Book Social Code,
b)
the care allowance according to § 26c (8) sentence 3.
family surcharge is 40 per cent 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 Regulation implementing Section 90 (2) (9) of the Twelfth Book of the Social Code.(6) Larger orthopaedic or larger other aids within the meaning of the first sentence of paragraph 5 (1) (b) shall be those whose price is at least 180 euros. The benefits under § 8 (1), § 9 (2) and § 10 (6) of the inclusion aid regulation shall be deemed to be aid within the meaning of the first sentence of paragraph 5 (1) (1) (b); the same shall apply to the special assistance provided for in Article 28 (1) (2) of the Regulation on -War-sopper-care.(7) In the case of the integration assistance for a disabled child, Section 26c (12) applies accordingly. Non-official 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 solely by reason of the damage caused by the damage caused by the damage The main welfare authorities have to provide the services of the victims of war victims with due regard to an effective special care system. Non-official table of contents

§ 27f

The Federal Government is authorized, with the consent of the Federal Council, by means of a legal regulation, type, extent and duration. the services of the victims of war victims (§ § 25 to 27e) and the procedure to be determined. Non-official table of contents

§ 27g

(1) have damaged or survivors for the period of time for which the victims of war will be provided. a claim against another, who is not a service provider within the meaning of Article 12 of the First Book of Social Code, the institution of the victims of war may, by means of a written notification to the other person, bring about that claim up to the level of his or her own Expenditure is transferred to him. 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), to replace the expenses or to 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 shall be subject to the provisions of the first sentence of paragraph 1.(2) The written notification shall effect the transfer of the claims for the period for which the damaged or surviving benefits of the victims of war are provided without interruption; the period of interruption shall be a period of more than two Months.(3) (4) (omitted) A non-official table of contents

§ 27h

(1) has a damaged or surviving period for the time for which assistance is provided, after Civil law shall be entitled to a maintenance entitlement, which shall be based on the amount of the expenses incurred, together with the right to obtain information on the basis of the right to obtain information on the institution 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 carried out in the second or in a more distant degree with damaged or surviving dependants, as well as for maintenance claims against first-degree relatives of a damaged or surviving survivor who is pregnant or their physical child up to the completion of the 6. Years of life. Section 115 of the Tenth Book of the Social Code shall be subject to the provisions of the first sentence of paragraph 1.(2) The claim shall only be subject to the extent to which Damage and survivors have their income and assets to be used in accordance with the provisions of Section 25e (1), Section 25f (1) to (4), Section 26b (4), Section 26c (11) and Section 27d (5). 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 shall be changed at the same time and by the same percentage of the amount of the child ' s allowance.(3) For the past, the institution of the victims of war may, except under the conditions laid down in the Civil Law, require the subsisted maintenance only from the time on which he/she shall write to the person responsible for the provision of the assistance in writing. has been informed. If the aid is expected to be granted for a longer period of time, the carrier of the victims of war can also complain about future benefits up to the level of the previous monthly expenses.(4) The institution of the victims of war may, in agreement with the persons entitled to benefit, retransmit the maintenance claim which has been transferred to him for judicial assertion and resign from the claim of maintenance claim. . Costs which are to be charged to beneficiaries themselves must be taken over. The rights referred to in paragraphs 1 to 3 shall be taken in the civil law procedure. Non-official table of contents

§ 27i

The reimbursable institution of the victims of war can carry out the determination of a social benefit. as well as 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 time limits of the proceedings, insofar as the institution of the victims of the victims of war operates the procedure itself. Non-official table of contents

§ 27j

Care needs up to 31. March 1995, pursuant to Section 26c (6), in the up to 31 December 1995. In accordance with § 37 of the Eleventh Book of the Social Code, the care allowance shall continue to receive the care allowance in so far as it exceeds the applicable provisions of the Federal Law on Supply of Care, notwithstanding the provisions of the Federal Law on the Protection of Care. § 26c does not exclude the performance reference; 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 the 31. The text of the Directive is in force in March 1995. The same applies to those who are in need of care, who are up to the age of 31. March 1995 allowance in accordance with § 26c (6) in the up to the 31. On the basis of the provisions of the Act of March 1995, and in addition benefits for domestic supply under this Act, lower benefits for domestic supply under this Act are therefore obtained, because this is the case for the domestic economic Pension part of the nursing care money is credited according to the Eleventh Book of Social Code. unofficial table of contents

§ 28

(omitted)

damaged

Non-official table of contents

§ 29

Are benefits for medical rehabilitation or participation in working life promising and reasonable, according to shall be entitled to a hearing assessment of the degree of the consequences of the damage pursuant to section 30 (2), the compensation for professional damages and the compensation pension at the earliest in the month in which these measures are completed. Non-official table of contents

§ 30

(1) The degree of damage consequences is based on the general impact of the functional impairments that are caused by the physical, mental or mental health disorders recognised as a consequence of the damage are to be assessed in all areas of life. 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 temporary period of up to six months shall be considered. 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 do so. For significant external health damage, minimum levels may be fixed.(2) The extent of the consequences of the damage shall be higher in the event of damage caused by the nature of the consequences of the damage to the profession or profession carried out before the injury, in the verifiable aspired or in the profession, which shall be subject to the following conditions: the injury has been or is still being carried out. This is particularly the case if
1.
does not apply to the previously exercised, started,
2.
Although the profession of occupation carried out or begun before the injury is still exercised, the
may still be pursued in a socially equivalent manner. or the provable profession was achieved, but in that profession, employment was reduced by the nature of the consequences of the damage to a much higher degree than in general working life, or
3.
The damage demonstrably has prevented the further rise in the profession.
(3) Residents who are entitled to a pension, whose income from current or past activity is the result of the After application of the provisions of paragraph 2, compensation for damage shall be reduced to 42.5 of the hundred of the loss of income (paragraph 4) rounded up to full euro, or, if it is more favourable, to a compensation for damages. Compensation for occupational injury as referred to in paragraph 6.(4) Income loss is the difference between the current gross income of current or former 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 based on the compensation pension which shall be based on the right to a pension influenced in the level 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 is 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 EUR 0.49 are to be rounded off to the full euro and EUR 0.50 to be rounded up to the full euro. The average of the three years is to update the sum of the percentages by which the average salary 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 the rates 1 to 5, the comparative income of Tables 1 to 4 shall be the Notice of 14. May 1996 (BAnz. 6419) for the time of 1. July 1997 to 30. The second half-sentence shall apply in accordance with the first sentence of paragraph 56 (1) of the first sentence of Article 56 (1) (1) of the first sentence of Article 56 (1) of the first sentence of paragraph 56.(6) The net amount of the comparative income (paragraph 7) less the net income of current or past employment (paragraph 8), the compensation pension (§ § 32, 33) and the compensation pension (paragraph 7) is the last sentence of the last sentence of the sentence. Ehegattenzuschlages (§ 33a). The second sentence of paragraph 4 shall apply accordingly.(7) The net amount of the settlement income shall be paid in the case of persons who are in employment after 30 years of age. They were born in June 1927, for the period up to the end of the month in which they would also be eliminated without injury, but at the end of the month in which the employment of the 65. Year of life completed, lump-sum calculated by comparing income
1.
with married by 18 of the hundred, the part surpassed 716 Euro by 36 of the hundred and the 1 790 Euro overrising part by 40 of the hundred,
2.
with unmarried persons at 18 The hundreds, the 460 euro, part of the hundred and the 1 380 euro, part of the hundred and hundreds
, is being reduced by 49.
In other respects, 50% of the reference income shall be deemed to be the net amount of the income.(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 current activity is reduced by the percentages of the percentages referred to in the first sentence of the first and second sentences of paragraph 7,
2.
Pensions from statutory pension insurance as well as pensions because of old age, pensions due to reduced earning capacity and land pension rights under the old-age pension scheme Farmers will be reduced by the percentage rate applicable to the assessment of the contribution of social care insurance (§ 55 of the Eleventh Book of the Social Code) and by half of the percentage of the general contribution rate of the health insurance funds (§ 241 of the Fifth Book of the Social Code), which is 1. The rates of contributions established in January shall apply in each case to 1 January. July of the current calendar year up to the 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 taken into account and
4.
the remaining gross income is reduced by the percentages referred to in point 2 and in addition by 19 from the hundred of the 562 euro excess; number 2 final half-sentence shall apply.
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 determined in accordance with paragraph 7.(9) In cases of a reduction in pensions within the meaning of the fourth sentence of paragraph 4, the professional indemnity compensation referred to in paragraph 6 shall be paid only if the periods of working life in which the earned income was not diminished due to the damage caused by a person's legal status are subject to a statutory or an equivalent pension system.(10) The compensation for professional damages shall be calculated exclusively in accordance with paragraph 6 if the application for the first time is after the 21. It will be held in December 2007. Moreover, the competent authority shall, at the latest on the date set out in the first sentence of the first sentence, adopt the favourable position referred to in paragraph 3 and thus determine the type of calculation to be applied for the future.(11) In the event of subsequent damage-independent effects or events, in particular by the entry of a damage-independent health disorder, the gross income from current activity is likely to be reduced in the long term. (Subsequent damage), the basic salary of the grade of the Bundesbesoldungsordnung A, which would be attributed to the person or persons who were damaged without the secondary damage; unemployment or age-related retirement from the working life, is considered to be the income. 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 damage to the person or persons is due to the damage caused by the person's working life, the compensation for damages shall be calculated in accordance with the provisions of paragraphs 3 to 8.(12) Pension beneficiaries who have a common household with their spouse or partner, a relative or a child or foster child, or who would have to lead without the injury, are entitled to compensation as a professional compensation Amount equal to half of the additional expenditure necessary for the management of the common household because of the consequences of the injury.(13) If the basic pension has been increased by reason of special professional concerns, the right to compensation for compensation 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 empowered to determine by means of a regulation with the consent of the Federal Council:
a)
what comparison basis and how it is to be used to determine the loss of income,
b)
how to determine the loss of income in case of damage suffered before completion of school education or before the start of vocational training,
c)
how to find out how to compensate for the professional damage if the damaged person is not responsible for the injury to a professional activity, or if he/she has a job common household within the meaning of paragraph 12,
d)
what is the current gross income or average income within the meaning of paragraph 11 and section 64c 2 (2) and (3), and which income is not taken into account in determining the loss of income,
e)
as in special cases, the net income by way of derogation from the first sentence of paragraph 8, points 3 and 4.
(15) is before the first sentence of the first subparagraph. The decision on the right to compensation for the right to compensation for the period after retirement has already been decided on in July 1989 remains the case in the decision taken on whether the first sentence of the first sentence of paragraph 4 is to be applied.(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 medical evaluation of The consequences of the damage and the determination of the degree of damage to the damage within the meaning of paragraph 1 are decisive, as well as the principles governing the recognition of a health disorder in accordance with Article 1 (3) and the criteria for the evaluation of the To establish helplessness and the steps of the care allowance in accordance with § 35 (1) and to regulate the procedure for their identification and further development. Non-official table of contents

§ 31

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

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


The basic pension is increased for the severely damaged, which is the 65. Have completed lifetime, with a degree of damage sequences

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


(2) Severe damage occurs when a degree of damage sequences of at least 50 is detected.(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 supply according to a degree of damage consequences of 50.(4) Damaged with a degree of damage consequences of 100, which are unusually affected by the recognized damage consequences, shall receive a monthly sword damage allowance granted in the following stages:

I80 Euro,
Level II 165 Euro,
Level III246 Euro,
Level IV 329 Euro,
Level V410 Euro,
Level VI 494 Euro.


The Federal Government is authorized, with the approval of the Federal Council, by decree law to the group of persons who are exceptionally affected by its damage consequences, as well as its To be more detailed in the steps I to VI. Non-official table of contents

§ 32

(1) severely damaged persons receive a compensation pension if they are due to their state of health or high age , or from any other reason not to be taken by them, to be able to carry out an activity which is reasonable for them, or only to a limited extent, or only with an above-average amount of power.(2) The full compensation pension is monthly for one degree of damage sequences

50 or 60426 Euro,
of 70 or 80515 Euro,
of 90619 Euro,
from 100693 euros.
unofficial Table of Contents

§ 33

(1) 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 in accordance with paragraph 6, in such a way that
a)
in the case of current gainful employment, an amount equal to 1.5 per cent and for the other income an amount equal to 0,65 from the hundred of the amount of the amount of the tax EUR 29 978, each rounded up to the full euro, remains free (allowance) and
b)
is only entitled to the Damage with a degree of damage consequences of 100 compensatory pension, if its income from present employment is lower than an amount equal to one twelfth or its other income lower than an amount equal to one-twentieth of the amount referred to in point (a), rounded up to full euro (income limit); this income limit also includes the amounts of gross income which share the same level with the amounts mentioned.
(2) Income from present employment in the sense of the (1) Income from
a)
Non-self-employed work within the meaning of section 19 (1) (1) of the Income Tax Law,
b)
Agriculture and Forestry,
c)
commercial enterprise,
d)
self-employment as well as
health care allowance, sickness benefit, and Infringed money, provided that such benefits are not calculated according to a previously-related unemployment benefit or maintenance allowance under 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 has been 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 a 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 event of a non-identification of the income, it shall be determined taking into account the total ratios.(4) recipients of a care allowance receive at least half of the full compensation pension, recipients of a nursing allowance of at least Level III the full compensation pension, even if the care allowance is not paid in accordance with § 35 para. 4 or in accordance with § 65 (4) (1) (1). 1 rests.(5) The Federal Government is authorized, with the consent of the Federal Council, to be determined in greater detail by means of a legal regulation,
a)
what is considered to be an income and what income is not taken into account when determining the compensation pension,
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 approve the legal regulation on the to be adopted 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 stages 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 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 the employment of one 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. Non-official table of contents

§ 33a

(1) Severe damage for the spouse or life partner is a supplement of 77 euros 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 the first sentence of Article 33b (1) and the second sentence of paragraphs 2 to 4. If no compensatory pension is available, § 33 shall apply accordingly, with the following proviso:
a)
The Income is to be taken into account only in so far as it has not already led to the elimination of the compensation pension.
b)
§ 33 (1) sentence 2 (b) is not
recipients of a care allowance shall be awarded the full supplement, even if the care allowance is not paid in accordance with Section 35 (4) or rests in accordance with § 65 (1). Non-official table of contents

§ 33b

(1) Severe damage for each child is a child surcharge. 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 a child allowance is granted under the Income Tax Act.(2) Children included in the household of the damaged child or children of the life partner shall also be considered as children. Children who are admitted to the care of the accepting as a child with the aim of being accepted as a child and for whom the required parental consent is given, shall be considered as children of the accepting and no longer as children of the birth parents.(3) In order to fulfil the conditions laid down 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. § 3 para. 2 of the Federal Children's Money Act (BundesKindergeldgesetz) applies to none of the persons who have been damaged by the child.(4) Children's surcharge shall be completed until the completion of the 18. Year of life. It is in the same way after completion of the 18. To grant a year of life for a child, the
1.
is not yet the 21. It has not been in an employment relationship and has been reported as a work-seeking agency for a domestic work agency,
2.
not yet the 27. and
a)
is in a school or vocational training course that has its own Work force predominantly takes up and is not connected with the payment of remuneration, remuneration or other benefits at the appropriate level, or
b)
in a transitional period of usually not more than seven calendar months, between two training sections or between a training section and the In the case of a service equivalent to a service equivalent to that of a civil service or a voluntary service in the sense of the letter d, or
c)
do not start or continue vocational training due to lack of training place or
d)
a voluntary social year or a voluntary ecological year as defined in the Youth Voluntary Service Act or a Voluntary Service as defined in Decision No 1031 /2000/EC of the European Parliament and of the Council of 13 June 2000 on the European Parliament and of the Council of 13 June 2000 on the 1 April 2000 on the introduction of the Community action programme 'Youth' (OJ L 327, 28. 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 German 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,
3.
because of the physical, mental or mental disability at the latest upon 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 maintain it.
For the purposes 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 German Income Tax Act (§ 2) Federal Children's Money Act 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 allowance shall be granted again if and for as long as it is unable to do so again on account of the same physical or mental condition is 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 damaged person nor the child has to represent, the child surcharge shall be granted longer according to the period of the proven delay.(5) Child surcharge shall be granted in the amount of the statutory child's allowance. 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 awarded 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 resulted in the elimination of the compensation pension and the surcharge in accordance with § 33a.
b)
§ 33 para. 1 sentence 2, point (b) is not applicable.
If child surcharges are granted for several children, the income to be calculated in accordance with sentence 3 (a) shall be: The ratio in which the amounts of the individual children's surcharges are in relation to each other.(6) In the case of recipients of a care allowance, even if the care allowance is not paid pursuant to section 35 (4) or in accordance with § 65 (1), the second sentence of the second sentence of paragraph 5 shall not apply. For each child in respect of which child surcharge is not granted under paragraph 1, they shall be awarded a supplement to the amount of the statutory child allowance, which is provided for the first child.(7) If the representation in the personal affairs of the child is not to the Damage, the legal representative of the child may request the payment of the child surcharge per se. If the child is of age, it can apply for payment to itself.

Footnote

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

§ 34

(1) The compensatory pension is for severely damaged before completion of the 14. Life years up to 30 per cent, before the completion of the 18th century. It must be increased to the full rate if the severely damaged has to pay its subsists on its own.(2) compensatory pension shall be granted only in so far as this is justified in accordance with the economic conditions of the damaged person and his dependants. Apprentice compensation of up to 77 euros per month remains unaccounted for.

Nursing allowance

Non-official Table of Contents

§ 35

(1) As long as damaged as a result of the damage is helpless, a care allowance of 293 euros (level I) is paid monthly. Helpless in the sense of sentence 1 are damaged if they are constantly in need of foreign assistance for a number of frequently and regularly recurring directions in order to secure their personal existence at the end 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) Third party assistance 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 so that only a quarter of the reasonable costs incurred by them are to be paid from the flat-rate care allowance. and at least half of the flat-rate care allowance remains to them. 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 steady-state treatment, the care allowance referred to in paragraphs 1 and 2 shall be the recipients of care allowance after stages I and II until the end of the first, the other recipients of the care allowance until the end of the twelfth on the reception. of the following calendar month.(4) In addition to the date specified in paragraph 3, the care allowance shall only be paid in the course of a stationary treatment until the end of the calendar month prior to dismissal, to the extent that 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 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 in the case of sentence 3, not beyond the amount remaining from the flat-rate care allowance in accordance with the second sentence of paragraph 2.(5) If helplessness within the meaning of the first sentence of paragraph 1 arises at the same time as the need for inpatient treatment or during inpatient treatment, there is no entitlement to a care allowance for the period before the calendar month of the dismissal. A care allowance shall be paid for this period, to the extent that this is determined in the following sentences. Persons living with their spouses, life partners or a parent in a domestic community shall receive a care allowance equal to one quarter of the flat-rate care allowance in accordance with stage I. Insofar as 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 I shall be paid.(6) For those who are in need of permanent care within the meaning of paragraph 1 as a result of injury, if appropriate care cannot otherwise be ensured, the costs of not only temporary home care, insofar as they provide accommodation, food, including care, including necessary care, on the basis of the pension benefits. 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 sum of the persons who are damaged by their pensions. 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 must also be taken into account insofar as it is not, exceptionally, to be used for other purposes, in particular the fulfilment of other maintenance obligations. name="BJNR104530960BJNG000700315 " />

Funeral Money

Non-Official Table of Contents

§ 36

(1) On Death of a A funeral allowance shall be granted for those who are 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 result as a result 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 funeral allowance shall initially cover the costs of the burial and shall be paid to the person concerned who has the funeral. This shall also apply if the costs of the burial have been paid out of public funds. If an excess remains, the spouse, the life partner, the children, the parents, the stepparents, the foster parents, the grandchildren, the grandparents, the siblings and the siblings shall be entitled to the right of reference if they are entitled to the deceased person Time of death lived in domestic community. In the absence of such beneficiaries, the surplus shall not be disbursed.(3) The death of a non-rights-holder of the consequences of injury shall be paid up to EUR 1 674, to the extent that the costs of the funeral have been incurred.(4) A benefit to be granted for the same purpose under other statutory provisions shall be set off against the funeral allowance.(5) In the event of a damage to the consequences of injury outside his/her permanent residence, the necessary costs for the overseer shall be reimbursed to the person who carried it. This does not apply if the death has occurred during a stay abroad, but an aid may be granted.(6) In the event of a damage suffered during a medical treatment carried out in accordance with the provisions of this Act, the damage is not caused by the consequences of injury, the necessary costs of the carpentry shall be borne in accordance with the former place of residence of the The deceased person who carried it.

Steregeld

Non-official Table of contents

§ 37

(1) In the event of the death of a damaged person, a death allowance 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 most after Stage II. Reductions in the deductions 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) In the following order of precedence, 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 present with the deceased at the time of the death of the home 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 person.(3) If eligible persons are not present within the meaning of paragraph 2, the death grant may be paid to the person who has borne the costs of the last illness or the burial or who has maintained the deceased until his death. name="BJNR104530960BJNG000900315 " />

Survivors


Table of Contents unofficial

§ 38

(1) Is a Damaged The widow, the surviving life partner, the orphans and the relatives of the ascending line are entitled to survivor's pension. Death shall always be deemed to result as a result 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 surviving life partner shall not be entitled if the marriage or the life partnership has been concluded only after the injury and has not lasted at least one year, unless in accordance with the special circumstances of the case the assumption is not justified that it was the sole or predominant purpose of the marriage or the justification of the life partnership to provide a supply to the widow or the surviving life partner.(3) A surviving life partner shall not be entitled to care if a widow, who was married to the damaged person at the time of death, is entitled to a widow's supply. Nonofficial table of contents

§ 39

- unofficial Table of contents

§ 40.

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

§ 40a

(1) widows or surviving life partners whose income is less than half of the income that the the husband or the deceased partner would have achieved without the injury, a compensation equal to 42.5 of the hundred of the determined difference (paragraph 2) rounded up to the full euro, or, if this 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), second sentence, shall apply accordingly.(2) The gross income obtained by the widow or the surviving life partner plus the basic pension (§ 40), the compensation (§ 40b) and the compensation pension (§ 41 or § § 32 and 33) of the half of the compensation is to determine the compensation for damages. in accordance with Section 30 (5), the basic salary of the grade A, which is likely to be assigned to the deceased without the injury according to his/her circumstances, knowledge and skills would have been to be compared.(3) At the time of his death, the deceased person was entitled 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 for not only temporary helplessness (§ 35) or for services in accordance with previous legislation, if it is more favourable, by way of derogation from paragraph 2, half of the final basic salary of grade A 14 plus the family supplement according to Article 30 (5) of Level 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) has to be based on comparative income. The same shall apply if the deceased could not claim these claims only because he or she was before the first. He or she had his residence or habitual residence in the territory referred to in Article 3 of the Agreement on the integration of the territory of the Member States. 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 compensation for compensation to be paid in accordance with the last sentence of the first sentence of paragraph 1 shall be 30 per cent of the settlement income in accordance with Section 30 (5) minus the net income of the widow or surviving life partner and the basic pension (§ 40), of the Care compensation (§ 40b) and the compensation pension (§ 41 or § § 32 and 33). In doing so, 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 for the first time is after the 21. It will be held in December 2007. This shall be without prejudice to the applicability of paragraph 3. In addition, the competent authority shall, for the last time on the date set out in the first sentence of the first sentence of paragraph 1, determine the calculation of the future calculation method.(6) Section 30 (14) shall apply mutatily.

Footnote

§ 40a (1): According to the decision formula with GG, it is incompatible with GG. BVerfGE v. 9.11.2004, 2005 I 1047-1 BvR 684/98- Non-official table of contents

§ 40b

(1) The widow or surviving life partner of a damaged person who In the sense of § 35 para. 1, a care compensation is provided if she has nursed the damaged person for more than 10 years during her marriage or life partnership. The period of care shall include the calendar months in which the Damage was helpless in the sense of Section 35 (1) or the Damage as a result of the injury suffered as a result of injury to at least one of Stage II. the injury was blind. 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 care period to be calculated shall be rounded up to full years.(2) For each year of the period of care exceeding 10 years, the care allowance shall be 0.5 from the hundred of the amount of the care allowance in force at the time of commencement of the service, after which the person concerned was entitled to a care allowance; or which would have complied with the extent of its 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 § 56 (1), as far as the year 2000 is concerned, shall be adjusted with the percentage of the percentages specified in § 56 (3); in this case, § 15, second sentence, second half-sentence shall be applied accordingly.(3) The provisions of paragraphs 1 and 2 shall apply to the parent within the meaning of section 35 (2).(4) A care compensation of less than 10 euros per month shall be increased to this amount.(5) From 1. By way of derogation from the provisions of the third sentence of paragraph 2, the amount of the care allowance in force in that territory shall be the same as that laid down in Article 3 of the Agreement for the compensation referred to in paragraphs 1 to 3 of Article 3 of the Agreement. calculated according to which the damaged person was entitled to a care allowance in each case or which would have corresponded to the extent of his helplessness in accordance with section 35 (1); in this case, § 15 sentence 2, second half-sentence, shall apply 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. Non-official table of contents

§ 41

(1) compensatory pension is given to widows or surviving partners who are
a)
by illness or other infirmaries not only temporarily at least half of their Ability to work or
b)
have reached the age limit for the great widow's pension or widower's pension under the Sixth Book of Social Code or
c)
provide for at least one child of the deceased within the meaning of § 33b (2) or a child of his own who has an orphan's pension under this law or according to laws which provide for the appropriate application of this law, or until reaching the age limit or until his marriage or the establishment of a life partnership, orphans ' pension pursuant to one of these laws or to the previous
compensatory pension may also be granted if, for other compelling reasons, a widow or a surviving life partner is not able to pursue gainful employment. In the case of sentence 1 (a), paragraph 29 shall apply mutatily.(2) The full compensation pension of the widow or the surviving life partner is 459 Euro per month.(3) The full compensation pension shall be reduced by 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 section 33 (6), in such a way that
1.
in the case of current gainful employment, an amount of 1.1583 of the hundred as well as the other income is an amount of 0.4325 from the hundred of the Amount (§ 33 (1) (a)), rounded up to full euro, remains free (allowance) and
2.
for income from level 10 to the amount, up to the amount of the amount of the total amount of the amount. the individual level is sufficient and the individual distances between the amounts of the income to be calculated correspond to the corresponding values of the legal regulation according to § 33 (6) of level 0.
In the case of current gainful employment with other income, the two levels of stuffing, which are determined separately for each income group, are counted together and the sum of the 1. April 1990 to 30. June 1990 at 8, from 1 June 1990. July 1990 to 30. June 1991 at 6 and 1. July 1991 to 30. It was reduced by 3, but at most by the lower of the two level numbers, by 3 June 1992. Section 33 (2), (3), (5) and (6) shall apply mutas.

footnote

§ 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 of the Cancellation of the life partnership is the same as the former spouse or partner of the deceased person of a widow or a surviving life partner if the deceased at the time of his death dependants after marriage or family law or for any other reason, or in the last year before his death. 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, even without the conditions of the sentence 1 of a widow or a surviving life partner.(2) The same shall apply if, in the case of the death of the damaged person, the married Community has been repealed. Non-official table of contents

§ 43

The widower receives supplies like a widow. Non-official table of contents

§ 44

(1) In the event of remarriage or the reasoning of a life partnership, the widow or the In lieu of entitlement to a pension, the surviving life partner receives a severance payment of 50 times the basic monthly pension. The severance payment must also be paid if, at the time of remarriage or the establishment of the new life partnership, there was no entitlement to a pension due to a lack of application.(2) If the new marriage is dissolved or annulled, or the new life partnership is repealed or dissolved, the claim to widow's supply lives on again.(3) If the marriage has been dissolved or annulled within 50 months of the remarriage, or the life partnership has been dissolved or cancelled during that period, until the end of that period shall be a Fiftieth of the severance payment (paragraph 1) to be added to the widow's pension.(4) The widow's supply shall begin with the month in which it is requested, but at the earliest with the month following the date of dissolution or annulment of marriage, or the annulment or dissolution of the life partnership. In the event of divorce, annulment or annulment of the marriage or the annulment of the life partnership, this shall be the day on which the judgment or the administrative act has become final.(5) Supply, pension or maintenance claims derived from the new marriage or life partnership shall be set off against the widow's pension (paragraph 2) if they are to be realised, not to the reduction of other reprisals. of public service provision, and are not transferred to the costs of the supply of war victims. 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 waiver shall be set off.(6) If a widow or surviving life partner has not obtained a widow's pension under this law and if the former spouse or life partner has died from the consequences of injury (§ 1), paragraphs 2, 4 and 5 shall apply accordingly, if it would be entitled to supply without the remarriage or the establishment of a new life partnership. Non-official table of contents

§ 45

(1) Waisenrente will receive his children until the age of 18 after the death of the damaged person. Life Year.(2) Children are also considered
be
1.
The stepchildren or children of the life partner who are the deceased in his or her own Household included
2.
foster children within the meaning of § 2 (1) sentence 1 no. 2 of the Federal Children's Money Act and
3.
(omitted)
(3) The orphan's pension is after completion of the 18. for an orphan who
in a school or vocational training course that is
a)
mainly takes advantage of their work force and is not connected with the payment of remuneration, remuneration or other benefits at the appropriate level, until the completion of the 27.
b)
during a transitional period, usually not more than seven calendar months, between two sections of training or between one and two training periods, or between one and two other The training section and the performance of the legal service or civil service, a service equivalent to the service or the provision of a voluntary service within the meaning of point (c), shall be completed at the latest until the completion of the 27.
c)
a voluntary social year or voluntary ecological year as defined in the Youth Voluntary Service Act or a volunteer service in the For the purposes of Decision No 1031 /2000/EC of the European Parliament and of the Council of 13 1 April 2000 on the introduction of the Community action programme 'Youth' (OJ L 327, 28. 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 German 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.
d)
due to physical, mental or mental disability at the latest upon 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 time involved in school education and vocational training is not important for periods in which the The training ratio persists despite the illness and can be expected to continue with the training. 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) takes care of and educates a child in the time frame of § 15 of the Federal Law on the Law of the Federal Elternary Act, as long as 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 again due to the same physical, mental or mental disability, the orphan's pension is to be repaid if he or she is mentally or physically responsible for the physical, mental or mental health of the orphan's pension. 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 first sentence of point (c) is not a equivalent service within the meaning of the sentence 7. If school or vocational training is delayed for a reason which the orphan is not responsible for, the orphan's pension shall be granted longer in accordance with the period of the proven delay.(4) The acceptance of the orphan as a child shall be without prejudice to a claim to an orphan's pension which has arisen until the adoption of the orphan.(5) If several orphans are eligible for the same orphan under this Act or laws which provide for the application of this Act, only one pension shall be granted. unofficial table of contents

§ 46

The basic pension is monthly

for half-orphans117 Euro,
for full orphans220 Euro.
Non-Official Table of Contents

§ 47

(1) The full compensation pension is monthly

for half-orphans206 Euro,
for full orphans287 Euro.


(2) § 33 applies, except for the second sentence of the second sentence of paragraph 1 (b) and the fourth paragraph of paragraph 4. Non-official table of contents

§ 48

(1) If a person entitled to a pension has not died from the consequences of the injury, the widow, the the surviving life partner and the orphan (§ 45) to pay a widows and orphan aid if the damaged person was prevented from doing so by the consequences of the injury, and in doing so, he or she was prevented from doing so by the spouse, A total of at least the following percentage of damaged widows are reduced by:
Height of the derived widow's supply as a whole in% of one twelfth of the amount of the tax referred to in § 33 (1) (a) Minting for at least
36 and more15%
34 to less than 36 14 v.H.
32 to less than 3413%
30 to below 3212 v.H.
28 to less than 3011%
2810

The amount of the widow's supply and the amount of the reduction shall be taken into account in the account of the pension insurance legislation. 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, a care allowance; § 40a (3) sentence 3 applies. The conditions set out in the first sentence shall also be deemed to be fulfilled if the damaged person has been 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 in accordance with § 30 (6).(2) The widows and orphans ' allowance shall be equal to two-thirds, in the case of widows, surviving 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 followed by 100 or on a Care allowance paid at the full height 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 consequences of 30 to 90,
with the widow or the surviving life partnerone twelfth,
at the half-scale One twenty-fourth,
at full-levelone eighteenth

of the one referred to in § 33 (1) (a) The amount of aid to be granted shall be reduced by the excess amount; if no payment amount is calculated, the right to supply is no longer calculated.(3) In the event of remarriage or the establishment of 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 accordingly. As a severance payment, the monthly amount of the basic pension of a widow shall be granted when widow's allowance has been received at the level of the full pension, otherwise two-thirds of that amount shall be granted.(4) Paragraphs 1 to 3 shall apply to widows.(5) The waiving of orphan aid shall be subject to the rules applicable to orphans ' pensions.(6) The provisions of paragraphs 1 to 5 shall apply mutatily if the damaged person has not been able to claim the claims only because he or she is before the 1. He or she had his residence or habitual residence in the territory referred to in Article 3 of the Agreement on the integration of the territory of the Member States. Non-official table of contents

§ 48a

(1) § 42 (1), § 43 and § 48 (4) in the 1. January 1986, the current version applies only if the damaged person is in accordance with the provisions of the 31. He died in December 1985.(2) § 42 (1), § 43 and § 48 (4) in der bis zum 31. In the case of the employment of the person responsible for the provision of survivor ' s rights, December 1985 shall continue to apply in respect of the conditions for the provision of survivor's pensions if He died in January 1986. Non-official table of contents

§ 49

(1) If the damaged person has died from the consequences of injury, the parents will receive parental pension, at the earliest. however, from the month in which the Damage of the 18. It would have been completed.(2) The parents will be treated as
1.
adoptive parents if they are the deceased before the injury as Child accepted,
2.
Stief and foster parents, if they have entertained the deceased free of charge before the injury,
3.
Grandparents if the deceased has or would have done them.
Non-official Table of contents

§ 50.

Parents ' pension is given, 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. Non-official table of contents

§ 51

(1) Full parent rents monthly

for a parent pair564 euros,
with a parent393 Euro.
(2) If several children have died from the consequences of injury, the amounts referred to in paragraph 1 for each additional child shall increase monthly

for a parent pair at103 Euro,
with a parent at77 Euro.


The increase is also granted to children who are
a)
as a result of a injury in the sense of laws providing for the appropriate application of this law, or
b)
as a result of injury within the meaning of this law or of Laws providing for the appropriate application of this law are lost.
(3) If the only or the last child is or all or at least three children have died from the consequences of injury, then increase if: The amount of the amounts referred to in paragraph 1 is less than monthly

a parent pair320 Euro,
for a parent at232 Euro.


, paragraph 2, second sentence, applies accordingly.(4) Paragraph 41 (3) applies accordingly, with the proviso that the income to be calculated must always be determined as if the income was not one of the income from present employment (§ 33 para. 2); it is on the increase in accordance with 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 parent's pension for a parent couple is to reduce the income to be paid by both partners; however, the pension may be the full pension for a parent including increases in accordance with paragraphs 2 and 3.(6) In the case of pensions of less than EUR 3 per month, they shall be increased to this amount.(7) Children referred to in paragraphs 2 and 3 shall also be considered to be children of the nursing and nursing home. Whether the child who died in the aftermath of injury is the only child or the last child depends on the circumstances at the time of the child's loss.(8) If, for a parent or parent, several parents are eligible under this law or laws providing for the application of that law, only the more favourable pension shall be granted.(9) In the case of recipients of parental pension for a parent couple, a spouse or life partner, the surviving spouse or life partner is the parent's pension for the month of death for a parent couple instead of the pension for a parent for continue to pay 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. Non-official table of contents

§ 52

(1) If a person whose surviving care is to be supplied is missing, that person will already be provided with this care. before the death declaration, if the death of the swab is likely to be accepted. 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 or she shall be replaced in accordance with the provisions relating to the management of the management. , from which he has failed to comply with his legal maintenance obligations arising from the reasons he has for his or her reasons. Any further claims shall remain unaffected.(2) A child shall not be entitled to a pension if the husband of the mother was lost during the period of the period of conception.

Funeral allowance for the death of survivors

name="BJNR104530960BJNE010928360 " />Non-official table of contents

§ 53

The death of surviving dependants will be subject to a funeral allowance in accordance with the requirements of § 36 is granted. 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. Non-official table of contents

§ 53a Contributions to long-term care insurance

(1) Residents and survivors who are entitled to a pension In the case of a private insurance company or a care fund, which are insured under Section 20 (3) of the Eleventh Book of Social Code, the contribution to the care insurance will be reimbursed.(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 Article 55 (1) of the Eleventh Book of the Eleventh Book of the Social Code in the case of damage from the compensation pension, the supplement to the spouse and the Compensation for professional damages, in the case of survivors from all pension benefits under this Act.(3) § 61 (6) and (7) of the Eleventh Book of the Social Code applies accordingly.

Meeting of claims

unofficial table of contents

§ 54

(1) If an accident in the sense of § 1 is at the same time an accident in the sense of statutory accident insurance, then there is only entitlement under this law. This shall not apply to the extent of the harmful event before the 1. January 1942 or after 8. May 1945.(2) Persons who have suffered damage within the meaning of § 1 as a result of an attraction to forced labour in the period of 8 years. May 1945 up to 5. It was not entitled under this Act 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. The rates 1 and 2 shall not apply to persons who have their habitual residence before the 19. This law was adopted at the time of the law in May 1990. Non-official table of contents

§ 55

(1) Meeting under this law together
a)
an employment pension with a widow's or orphan's pension, is the cheaper than the basic rents Compensatory pension,
b)
A compensation for damages with a compensation for damages, is the compensation for damages in the determination of the damage compensation as a
c)
An employment or widower's pension with entitlement to parental pension, is the compensatory pension, the marriage surcharge, the In accordance with the first sentence of sentence
(a
, the compensatory pension shall be granted, and shall be counted in the case of the determination of the compensatory allowance for the injury to the person. the compensatory pension is only the amount which would be payable without the meeting as a compensatory pension, to the current gross income. This shall also apply where the services provided for in sentences 1 and 2 meet with corresponding benefits in accordance with other laws which provide for the appropriate application of this law.(2) For widows or orphan aid, paragraph 1 shall apply.

Adjustment of supply covers

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§ 56

(1) The benefits for the blind (§ 14), the lump sum as a replacement for dresses and clothes wear (§ 15), the basic pensions and the Severe damage allowance (§ 31 para. 1 and 5, § § 40 and 46), the compensation and parental pensions (§ § 32, 41, 47 and 51), the spouse surcharge (§ 33a), the care allowance (§ 35) and the funeral allowance (§ § 36, 53) are in each case corresponding to the The percentage of the pensions of the statutory pension insurance scheme is adjusted. 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 To determine the current pension value in the statutory pension insurance scheme.(2) The Federal Government, by means of a regulation with the consent of the Bundesrat, has the amounts determined in sections 14, 15, 31 (1) and 4, 32, 33 (1), (2), (33), (1), (1), (35), (36), (40), (41), (46), (47), (51) and (53) in accordance with paragraph 1 at the same time pensions of the statutory pension insurance scheme, to be amended. In this context, § 15 shall determine the lump sums referred to therein by multiplying the lowest and the highest rating 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 EUR 0.50 to be rounded up to the full euro. By way of derogation, the multiplier in § 15 shall be rounded to 3 decimal places after the comma.(3) (4) (omitted) unofficial table of contents

§ § 57 to 59 (omitted)

Start, change, and listen to the Supply

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§ 60

(1) The supply of employment begins with the month in which the Conditions are fulfilled, at the earliest with the application month. 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. There is no supply for periods prior to the month of dismissal from the prisoner of war or from foreign custody.(2) In the first sentence of paragraph 1, the first sentence shall apply if a higher performance is requested; if, however, the damaged person was prevented from filing the application without his or her fault, the higher performance shall commencing with the month from which proof of the prevention has been proved, if the application is lodged within six months of the removal of the obstacle. The higher performance, however, shall commences 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 six months of the application. months after the date of the change or after receipt of the notification of the amendment. The date of access shall be proven by the applicant. If a right to compensation for damages arises (Section 30 (3) or (6)) as a result of an increase in the settlement income within the meaning of Section 30 (5), the second sentence shall apply mutatily if the application is filed within six months.(3) If the higher performance is determined on its own account, it shall begin with the month in which the claims based on the facts of a service of the provision of the victims of war 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 achievement of a certain age limit, it shall begin with the month in which the event occurred; this shall also apply if: Higher occupational injury compensation (Section 30 (3) or (6)) is based on a change in the settlement income within the meaning of Section 30 (5).(4) A reduction or withdrawal of benefits shall enter into force at the end of the month in which the conditions for the grant of such benefits have been omitted. 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. Non-official table of contents

§ 60a

(1) The compensation pension (§ § 32, 33, 41 and 47) is to 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 conditions of income which are known at the time of the allocation of the allowances and shall be definitively established in each case subsequently.(2) Monthly fixed income is income in respect of which a certain monthly amount is derived from the law, the tariff, labour or other contract.(3) If the compensatory pension which has been provisionally paid is higher than the definitively established compensation pension, only the amount which exceeds the EUR 3 per month shall be considered to be over-paid.(4) Special benefits, such as Christmas gratifications, 13. Monthly salaries and success premiums are to be taken into account as income in the months in which they are paid.(5) Paragraphs 1 to 4 shall apply mutatily to the determination of all current pensions, the level of which is influenced by income, to the extent that nothing else is determined by this law. Paragraph 3 shall apply in the event of a meeting of a number of provisionally paid services in such a way that the total amounts are to be compared. Non-official table of contents

§ 61

For the provision of surviving care, § 60 shall apply as follows:
a)
If the initial application is made before the end of a year after death, the supply starts at the earliest with the month following the month of the death.
b)
To the place of the compensation for damages pursuant to § 30 (3) or (6) occurs in the case of widows of the compensation according to § § § 30 (3) or (6) 40a.
c)
The change of family status is the same for orphans of the death of the father or mother.
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§ 62

(1) An income influenced by income cannot be reestablished as long as the gross income has occurred since the last determination of this performance have been increased by less than EUR 5 per month or the settlement income has been reduced by less than EUR 5 per month within the meaning of Section 30 (5) as a whole, unless there is a need for a re-determination of one of these benefits from another .(2) The extent of the consequences of the damage to a person entitled to a pension shall not be fixed at a lower level before the end of two years following the announcement of the notice of termination of the employment. 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 Healing treatment.(3) In the case of persons entitled to supply, the 55. The degree of damage due to damage caused by the damage-related health status or an amendment of the regulation pursuant to section 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, which has resulted in a severely damaged person or a severely damaged person with the persons referred to in § 30 para. 12 sentence 1, the degree of damage consequences according to § 30 para. 2 and the professional indemnity compensation according to § § 30 para. 2 and the professional indemnity compensation Article 30 (16) of the Office of the European Court of Appeal only to be restated if, without the consequences of the damage, the person or him would be granted the admission of another profession, or if, in accordance with Section 30 (16), a compensation for damages pursuant to Section 30 (3) of the Professional Compensation Compensation Law (Article 30 (3)) to 11. unofficial table of contents

§ 63

(omitted)

special rules for authorized persons outside of the Scope of this law

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§ 64

Authorized residence or habitual residence In the case of non-compliance with the provisions of § § 64a to 64f, care has to be taken in the territory of another country, such as beneficiaries of 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, especially the foreign state pensions according to this law on their own pensions wholly or partially offset, or
2.
in the person of the entitled person, an important reason to be represented by him, in particular an act of the entitled person directed against the Federal Republic of Germany,
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§ 64a

(1) Damage is responsible for the healing treatment due to the recognised consequences of damage in so far as it is not granted within the scope of this Act. 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 The amount of this amount will be partially or fully reimbursed. The costs of medical and medical equipment as well as remedies can be replaced in full. 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 so require.(2) Supply sickness benefit and aid in accordance with § 17 are 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) Costs shall be reimbursed and payable only if the competent administrative authority of the measure has previously agreed to the measure. Benefits for the use of forensiles outside of the scope of this Act are excluded.(4) Claims which the beneficiary has against the institution of statutory or private insurance or similar institutions shall be credited to the benefits of the treatment of salvation and medical treatment in accordance with this Act, insofar as they are to be achieved.(5) § 24 should be applied for the reimbursement of travel expenses and the replacement of lost employment services.The competent administrative authority may, instead of the benefits referred to in paragraphs 1 to 3, also contribute to the insurance of the beneficiaries in the State of residence where there is a particular hardship, or benefits in cooperation with a Member State of residence. foreign health insurance with which it has entered into a contract. Non-official table of contents

§ 64b

(1) Calculated according to § 64 in the case of neediness
1.
Hospital help according to § 26b,
2.
Help for maintenance according to § 26c paragraph 8,
3.
supplementary assistance for living according to § 27a.
The same shall apply to persons living in a household under the first sentence of the first sentence, if the person who is responsible for the livelihood of the family member is predominantly in dispute, as well as for widows, widows, surviving partners, surviving life partners and orphans.(2) Services shall be provided only in so far as the Damage or the Survivors do not receive any other services for the same purpose.(3) The nature, form and measure of the benefits and the use of income and wealth shall be governed by the special circumstances of the country of residence, taking into account the necessary life needs on the ground. The carriers 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 aid in accordance with § 26b and in the determination of the level of care required for benefits under section 26c (8), the certificate of an officially appointed physician or the physician of the medical competent German consulate abroad. If such doctors are not available, the testimony of other physicians can be consulted on site.(5) If, in individual cases, the application of the provisions of the first sentence of paragraph 1 results in a special hardship, further services in accordance with § § 26 to 27d may be provided with the consent of the competent Federal Ministry. Non-official table of contents

§ 64c

(1) On the fixing of pensions, foreign income, such as similar domestic income, will be determined shall be considered.(2) Article 30 (3) to (15) shall apply to the setting of the compensation for damages. 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 of the sentence 2 is not given and has the Damage after the 30. The average income of the basic salary of the salary group of the Bundesbesoldungsordnung A (Bundesbesoldungsgruppe A), which is the employment of the employment, shall be replaced by the average income of the grade of grade A of the Bundesbesoldungsgruppe A, which is the employment of the employment agency had been assigned before the resettlement. In the cases of sentences 2 and 3, Section 30 (11) sentence 2 applies accordingly.(3) § 40a shall apply to the determination of the damage compensation.(4) § § 60 to 62 and 66 shall apply unless special features of the supply of war victims outside the territory of the Federal Republic of Germany require a derogation. 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 shall not be granted.(6) Funeral allowance shall be made in the case of the death of a second alternative in the case of the death of the person in the second sentence of § 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. Non-official table of contents

§ 64d

(1) The payment of the pensions is governed by the provisions of the devisenal regulations. 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 rules. In such cases, provided that the changes in the course of the calendar year are within a constant framework, after the end of the preceding 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) If the beneficiary cannot be supplied with the benefits under this Act, substitute benefits may be provided for work and social affairs with the consent 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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§ 64f

(1) The relevant procedural regulations apply, unless special features of the supply of war victims outside the federal territory require a simplified regulation. 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 contraction 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 Tenth Book of Social Code, if he/she and the applicant or the person entitled to supply agree to it. The consent of the applicant or the person entitled to a pension may be subject to special reasons. Section 15 (3) of the Tenth Book of the Social Code applies accordingly.(3) Paragraph 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 communication or notification has been announced.(4) The providers of the provision of the victims of war and war victims shall cooperate directly with the German services abroad.

Ruhen of the right to supply

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§ 65

(1) The entitlement to pensions is based if both claims are based on the same cause
1.
at the level of the legal accident insurance cover,
2.
in the amount of the difference between a supply according to general civil service regulations and the civil service accident insurance.
Children's allowances to Infringers from the statutory accident insurance remain unaccounted for by the amount, in the amount of which, without the children's allowance from other service providers, child benefit or corresponding services would be payable.(2) The right to 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 dresses and clotheswear (§ 15) rests in this respect, as
1.
from the same cause claims to corresponding services from the statutory accident insurance or according to the civil service regulations on accident care
2.
Claims for corresponding benefits in accordance with the rules on health care for members of the Federal Police and for soldiers (Section 69 (2), Section 70 (2)) In the area referred to in Article 3 of the agreement, there are also other claims which are subject to the laws of the Federal Republic of Germany.
(4) is based on the same cause, in order to ensure that the right to pensions is to be held. 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-damaged pension under the Pensions Act of 28. June 1990 (GBl. 495), for the amount paid by the institution of the pension scheme solely on the basis of the damage to the war.(5) The rest shall take effect at the time in which its conditions have occurred. 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 at the beginning of the month in which the resting period ends.

Payment

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§ 66

(1) The pension benefits are awarded in monthly amounts, rounded up to full euros and paid monthly in advance. Supply sickness benefit and aid in accordance with § 17 shall be awarded on a daily basis and paid at the end of each week.(2) All cash benefits shall be transferred free of charge to an account of the person entitled to receive or to a third party living in a domestic community who has indicated the person entitled to receive payment. 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 area referred to in article 3 of the agreement to enter into force

The one in Annex I, Chapter VIII, section K, section III, points 1 to 21 of the Contract of unification of 31. August 1990, in conjunction with Article 1 of the Law of 23. September 1990 (BGBl. In 1990 II, pp. 885, 1067), the measures referred to above are from 1. The term "euro" shall be applied in 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)

Placing the

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§ 71

Enforcement of benefits (§ 49 of the First Book of the Social Security Code) a custodial sentence or a deprivation of liberty detention order and security shall be used in the assessment of pensions, income which is reduced by accommodation in the amount up to and including the accommodation , they are to be increased by the percentage of the current pension benefits at the time of the adjustment of pensions (§ 56). If the execution of a custodial sentence or a detention order of detention is followed directly by a detention order, the first sentence must be applied in such a way as to ensure that the pre-trial detention shall be subject to the conditions laid down in the of the amount to be used up to the beginning of the pre-trial detention. unofficial table of contents

§ 71a

(omitted)

transfer force law

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§ 71b

The competent administrative authority has provided pension benefits, if the pension entitlement is subject to claims § § 104 and 106 to 114 of the Tenth Book of Social Code and, if the pension is entitled to a public service law, § 115 of the Social Security Act (Social Code) Tenth Book of the 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 also has to bear these benefits.

Capital severance

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§ 72

(1) Damage who receives a pension can be granted a capital settlement for the acquisition or for the economic strengthening of its own property.(2) A capital settlement may also be granted
1.
for the acquisition or economic strengthening of a Residential property according to the Housing Property Law,
2.
for the financing of self-used residential property within the meaning of Section 17 (2) of the Housing Promotion Act, if the to ensure an early transfer of ownership of the damaged property,
3.
on the acquisition of a permanent residence under the Housing Act, if the A permanent resident is economically equivalent to an apartment owner and the continued existence of the permanent residence is agreed in the case of the forced auction in accordance with § 39 of the Housing Property Act,
4.
to finance your 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) a property is the right of inheritance, the owner's property is the same as the housing estate. Unofficial table of contents

§ 73

(1) A capital payment can only be granted if
1.
at the time the application was submitted, the 55. Life year has not yet been completed,
2.
The utility claim is trusted,
3.
not It is to be expected that the pension will fall within the severance period
4.
for a useful use of the money guarantee.
(2) Capital compensation can exceptionally be made after the 55. However, if the application is not submitted until the date of completion of the 65 years, the applicant shall not be granted the right to years of life. Non-official table of contents

§ 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 payment shall be limited 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 the compensation shall expire for a period of ten years at the end of the month following the month in which the payment is made.(3) By way of derogation from paragraph 2, the severance payment shall be limited to the basic pension allocated for a period of five 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 the place where the severance payment occurs shall expire for a period of five years with the end of the month following the month of payment. Non-official table of contents

§ 75

(1) The intended use of the capital is through the form of the payout and, as a rule, by measures for the prevention of an early sale of the property, inheritance law, residential property, housing inheritance law or permanent housing rights. 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 fact that the registration of a backup mortgage in order to secure the claim for the repayment of the capital settlement is authorized in accordance with § § 76 and 77. Non-official table of contents

§ 76

(1) The severance payment is to be repaid in so far as it is not within one of the competent The Administrative Authority has been used in accordance with its intended purpose.(2) The severance payment may be reclaimed if the intended use has been foiled within the severance period.(3) Before the end of the severance period, the deposit can be refunded upon request by the deductions received by the capital settlement against repayment of the severance sum, if there are important reasons for it. Non-official table of contents

§ 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 from the hundred of the severance sum,
second year on
82 from the hundreth of the severance sum,
third year on
72 from the hundreth of the severance sum,
fourth year on
62 from the Hundreds of severance sum,
fifth year on
52 from the Hundred of severance sum,
sixth year on
42 from the hundreds of severance total,
seventh year on
32 from the total severance sum,
eighth year on 
22 from 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 payments by § 74 para. 3 after the expiration of the
first year on
81 from the hundred of the severance sum,
second year on
62 from the Hundreds of severance sum,
third year on
42 from the Hundred of severance sum,
fourth year on
21 from the hundreth of the severance sum.

The times are calculated by the first of the second month following the payout of the severance sum up to the end of the Month in which the severance payment has been repaid.(2) If the amount of the severance payment is not repaid at the end of a year, in addition to the percentages for full years, the percentages shall be taken into account, which shall be based on the months of the beginning of the year elapsed until the date of repayment. . The same applies if the amount of the severance payment is repaid before the end of the first year.(3) After repayment of the severance payment, the deductions on the basis of the severance payment shall be returned by the first of the month following the repayment. Non-official table of contents

§ 78

Within the time limit laid down in § 76 (1), one of the amounts paid out is equal to the amount of the total amount of the total amount of the total amount of the total Money, securities and claims of seizure shall not be submitted. Non-official table of contents

§ 78a

(1) A capital settlement can also be used for widows with entitlement to a pension or widow's allowance (§ 48) and spouses Lost (§ 52 para. 1) are granted. The provisions of § § 72 to 80 shall apply accordingly.(2) In the event that a widow finds a marriage again, the sum of the severance pay shall be repaid after the marriage in so far as it exceeds the total sum of the pensions received until the marriage is remarried. 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 Maintenance allowance for members of prisoners of war would be payable.(3) Paragraphs 1 and 2 shall apply mutatily to surviving life partners. unofficial table of contents

§ 79

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§ 80

Capital severance, which is up to 9.


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§ 81

Refilling persons with the requirements of § 1 or corresponding provisions of other laws that provide for the appropriate application of this law, they shall have only the claims based on this law because of injury to the Federal Government; however, the provisions of the Civil Service Accident Prevention, the Act on the Extended Authorisation of Damages Claims shall apply to Service accidents in the version set out in the Bundesgesetzblatt III, outline number 2030-2-19, adjusted version, and § 82 of the BeamtenSupply Act. Non-official table of contents

§ 81a

(1) As far as the pension is entitled to a statutory right to the replacement of the person by the injury shall be entitled to damage caused to third parties, this claim shall be based on the obligation to provide services on the federal government, which is justified by this law. 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 insurance fund shall inform the managing authority of facts from which it can be deduced that a third party has 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 care with medicinal products and the means of association with the medical profession.(4) § 116 (8) of the Tenth Book of the Social Code applies accordingly. Non-tampering table of contents

§ 81b

Has granted and provides services to an administrative authority or other means of the war victim supply. it is subsequently found that instead of the other public-law body which is not a service provider within the meaning of Article 12 of the First Book of the Social Code, it would have been obliged to perform the service, the authority responsible for the service has to do so. to reimburse expenses to the extent to which they are subject in accordance with the legislation applicable to them. Non-official table of contents

§ 81c

According to this law, services are provided, the amount of which is from the scope of a claim against a third party who does not The managing authority may transfer the right to take into account the claim to be taken into account up to the amount of its service by written notification to the cost carrier of the war victim supply.

Extension of the Person Circle

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§ 82

(1) This law is to be applied to
1.
People who are granted benefits for damage to life and life had been
a)
due to § 18 of the law on the replacement of the war caused by the war Personal injury (Warspersons Act) in the version of the notice of 22. December 1927 (RGBl. 515, 533) or
b)
on the basis of Section 1 (2) of the Law on the replacement of personal injuries caused by the occupation of German territory (Occupation) in the version of the Notice of 12. April 1927 (RGBl. I p. 103)
2.
German within the meaning of Article 116 of the Basic Law, which is in the period of 18 years. July 1936 to 31. On the republican side of March 1939 in Spain, and in the event of an accident or the influence of the attack, they suffered a health injury, and their survivors.

(2) Supply under this law can also be supplied to displaced persons in the According to § 1 of the German Federal Displaced Persons Act (Bundesvertriebenengesetz), which are German or German people, they are granted if they are after the 8. 1. May 1945, in compliance with the legal obligation to conscription in accordance with the regulations in force in the field of expletion, have suffered damage within the meaning of section 1 (1); this does not apply if, for the same reason, they are entitled to a supply against the country, which has called for the duty of service to be able to fulfil this requirement. Sentence 1 shall also apply to ethnic German resettlers within the meaning of Section 4 of the Federal Law on Displaced Persons (Bundesvertriebenengesetz).

Exclusion of the calculation of pension benefits on pay

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§ 83

When measuring the pay of employees who receive pensions under this law, such references shall not be taken into account to the detriment of the employee; in particular, it shall be inadmissible to apply the remuneration in whole or in part to 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.

Transitional Rules

Non-Official Table of Contents

§ 84

(1) Before the 1. The widows and orphan aid granted on 1 July 1985 will remain on the 1. Amendment of § 48, which came into force in July 1985.(2) If a person entitled to a residence or habitual residence abroad in the month of June 1988 is entitled to compensation for damages or compensation on the basis of a foreign comparison income, § 64c shall apply in the up to 30 years. June 1988, as long as this is more favourable. In this case, the current income is to be compared with the foreign comparative income which is relevant for the month of July 1988; in the following years, this comparison income will be one of the first. July to the same extent as the amount of the tax (§ 33 (1)). Non-official table of contents

§ 84a

The conditions laid down in Annex I, Chapter VIII, Section III, Section III, paragraph 1, point (a), in conjunction with Article 3 of the 31-year-old agreement. August 1990 (BGBl. 1990 II p. 885, 1067) is from 1. No more to be applied in July 2011. unofficial table of contents

§ 85

To the extent that it is 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. Sentence 1 shall not apply to a decision which is to be disregarded as a causal link and which shall be adopted in accordance with the provisions of the 8. It was taken in the territory referred to in Article 3 of the agreement on the integration of the territory of the European Union. Non-official table of contents

§ 86 Maintenance allowance for members of prisoners of war and political detainees

persons on the 20. 1 December 2007 entitlement to maintenance allowance under the Law on the Assistance to Prisoners Of War, as amended by the Notice of 18 December 2007. March 1964 (BGBl. 218) or in accordance with § 8 of the Prisoner Aid Act, the same benefits shall be granted to survivors under this Act. Non-official table of contents

§ 87

(1) The job loss compensation was set before the 1. 30 July 2011 is requested. The amount of the relevant comparison income was determined in June 2011 and then adjusted annually with the percentage of the percentages given in § 56 (1) sentence 1. § 15 sentence 3 shall apply accordingly. The first and second sentences also apply to requests for the adjustment of the compensation for damages pursuant to Section 30 (16) of this Regulation in the period up to 30 years. The text is in force in June 2011.(2) If the damage compensation was taken before the 1. 30 July 2011 is requested. The amount of the respective settlement income in accordance with § 30 (5) is determined in June 2011 and is then adjusted annually with the percentage of the percentages specified in § 56 (1) sentence 1. § 15 sentence 3 shall apply accordingly. Was for the deceased before the 1. In the case of a comparison income higher than that resulting from the first sentence of 1 July 2011, it shall replace the reference income determined in accordance with Article 30 (5).(3) For services according to § 64a, § 10 paragraph 7 shall apply with the proviso that benefits are excluded if the person entitled to receive a medical treatment or those persons for whom the treatment is requested is excluded after the 2. In February 2011, a statutory or comparable insurance policy in the State of residence has been cancelled or, upon application, have been exempted from the obligation to provide insurance.(4) The conditions laid down in Annex I, Chapter VIII, Section III, Section III, point 1 (a), of the 31-year agreement. 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

§ 88 (omitted)

hardship balance

Non-official table of contents

§ 89

(1) If specific hardship results from the provisions of this law in individual cases, may be subject to approval of the Federal Ministry of Labour and Social Affairs are to be compensated.(2) The Federal Ministry of Labour and Social Affairs may agree to the granting of hardship balance in general.(3) Payments for periods prior to the month in which the decision becomes binding on the managing authority are generally not eligible if they mainly led to the performance of reimbursement claims of other service providers. name="BJNR104530960BJNG002500315 " />

Final Provisions

Non-Official Table of Contents

§ 90

(1) Runs a Change Federal Supply Act, a regulation on the basis of the Federal Supply Act or a piece of legislation to which the Federal Supply Act refers, to a change of ongoing supply deductions, pension funds and Transitional funds are to be restated on the basis of an ex-office. If only the income-independent benefits are to be adapted in accordance with § § 14, 15, 31 (1) and (4), § 35 (1) and § § 40 and 46 (§ 56), it is possible to discontinue the formal decision-making process.(2) In addition, new claims arising from 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 established on the basis of a legal regulation to be adopted and the application shall be made within one year of the date of the proclamation of the regulation.(3) Paragraphs 1 and 2 shall apply mutatily if the supply is granted as canned power or by way of a compensatory allowance. Non-official table of contents

§ 91

The Federal Ministry of Labour and Social Affairs is authorized to read the text of the law and the law applicable to this law adopt implementing regulations in the version in force, with a new date and in new paragraph order. It may remove any inconsistencies in the wording. Non-official table of contents

§ 92 (omitted)

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