Read the untranslated law here: http://www.gesetze-im-internet.de/bvg/BJNR104530960.html
Law on the care of victims of war (Federal - BVG) LOB copy date: 27.06.1960 full quotation: "Federal as amended by the notice of January 22, 1982 (BGBl. I S. 21), by article 1 of the regulation by the 19th June 2015 (BGBl. I p. 993) is changed" stand: Neugefasst by BEK. v. 22.1.1982 I 21;
As last amended by Article 4a G v. 15.4.2015 I 583 Note: change article 1 V v. 19.6.2015 I 993 (No. 24) is considered more to the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1982 +++) (+++ requirements due to EinigVtr cf. BVG annex EV;)
Requirements no longer apply under article 1 No. 6 lit. g DBuchst. AA G v. 21.1.2013 I 91 mWv 29.1.2013 +++) regarding the changeover from Deutsche mark to euro, cf. section 66a para 6 iVm BEK. v. 15.10.2001 BAnz. No. 215 v. 17.11.2001 S. 23573 (annex) entitled to supply section 1 (1) who through a military or military-related service performing or by accident during military or military-like duty or the peculiar conditions health damage suffered this service has, because of the health and economic consequences of damage at the request of supply.
(2) an injury within the meaning of paragraph 1 damage are equal, which are caused by a) an immediate military action, b) a prisoner of war, c) a detention abroad or in German areas not under German administration because of German nationality or German nationality, d) with military or military-similar service or with the General signs of disintegration related punitive or coercive the circumstances be regarded as obvious wrong is , e) an accident, the damaged on a return or return takes necessary is to a measure of treatment, a spa, disabled physical exercises as a group treatment or services for participation in working life according to § 26 or to appear at the request of a competent service provider or a Court of the damage personally, f) an accident incurred by the damaged during one of the measures listed in point (e).
(3) the recognition of a health disorder as a result of damage to the probability of the causal link is sufficient. If the required probability is only, therefore not given to the recognition of a health disorder as a result of damage, because there is uncertainty about the cause of the suffering in medical science, the disorder can be recognized with the approval of the Federal Ministry of labour and Social Affairs as a result of damage to; the consent may be given generally.
(4) damage induced by the damaged intentionally is not considered to be damage within the meaning of this Act.
(5) the damaged died from the effects of the injury, his survivors upon request receive care. Paragraph 3 shall apply mutatis mutandis.
(1) services are § 1a to fail if the entitled party or one, from which derives the permission, has contrary to the principles of humanity and the rule of law during the reign of national socialism, and he has submitted a request for benefits after November 13, 1997. Clues that lead to a particularly intense review, whether a beneficiary through his individual conduct has violated principles of humanity or the rule of law, can arise in particular from a voluntary membership of the person entitled in the SS.
(2) services are to withdraw if a refusal reason within the meaning of paragraph 1 and the trust of the beneficiary on a continual granting of services in individual cases not predominantly also in view of the seriousness of the committed violations is vulnerable or with effect for the future.
(3) if in the cases of paragraph 2, the immediate withdrawal or reduction of benefits leads to undue hardship, the withdrawal or reduction should be after a reasonable transition period.
§ 2 (1) military service within the meaning of § 1 para 1 is a) any service performed under German military law as a soldier or army officer, b) the service in the German Volkssturm, c) the service in the Feldgendarmerie, d) the service of the anti-aircraft battery of the home.
(2) in the case of displaced persons in the sense of § 1 of the Federal Refugees Act, who are Germans or German people Member, the fulfilment of the legal obligation of military service is just the service in the German army according to the regulations of the country of origin before May 9, 1945. Sentence 1 applies also to ethnic Germans within the meaning of section 4 of the Federal Refugees Act.
(3) in the case of German nationals the service in the Wehrmacht is one the German Empire of State formerly Allied during the two world wars or in the Czech or Austrian army serving under German military law equal, if the owner had his domicile or permanent residence in the territory of the German Empire before May 9, 1945 as of December 31, 1937.
§ 3 (1) as similar to military service within the meaning of § 1 para 1 a shall apply) the show arranged by a service center of the Wehrmacht for establishing military fitness, aptitude test or military monitoring, b) on the basis of a draft by a military Department or at the instigation of a military commander for purposes the army paid volunteers or involuntary service, c) a scheduled or non-scheduled embarkation of civilians on ships or auxiliary of the Wehrmacht , d) the service of railway staff seconded to the Wehrmacht and the service of officials of the civil administration, which used to support military action on the orders of their superiors and thus were subordinated to a military commander, as well as the service of military officials, e) the service of the Wehrmacht helpers - helpers, f) the service of personnel of voluntary nursing with the armed forces in the war, g) the service of the members of horse procurement commissions of the Wehrbezirkskommandos , h) the service of young shooters, young sailors and NCO School of the air force, i) the Reichsarbeitsdienst, k) the service on the basis of the third regulation to ensure the power needs for tasks – importance (emergency regulation) by October 15, 1938 (RGBl. I p. 1441), l) the service in military training camps, m) of service in the Todt Organization for purposes of the Wehrmacht, n) the service in the construction bar spear/Eastern usage for purposes of the Wehrmacht , o) the service in the air-raid on the basis of the first implementing regulation to the air-raid shelter law in since September 1, 1939, when the amended after call of Luftschutzes.
(2) the civil service, which has been done on the basis of a service obligation or a contract of employment with the armed forces considered similar military service except that it was connected to using a special, peculiar to war risks to health.
§ 4 (1) are also a serving military or military-like) the way of the recruits to the Gestellungsort and the way home after termination of the contract, b) missions, service corridors and the official activity at the place of destination, c) dismounting of the associated with the service road to and from the station and d) participating in official events.
The damaged due to the distance of his permanent family home from the place of employment or in its vicinity had a hotel, set 1 letter c also applies to the way and from the family home.
(2) paragraph 1 shall apply accordingly for prisoners of war, internees and deportees.
(3) for jobless who have no residence within the present boundaries of the Federal territory, the dismissal route with the meeting provisionally assigned location is considered to be finished.
§ 5 (1) as direct military action within the meaning of § 1 para 2 letter a shall apply, if they are related to one of the two world wars, a) combat operations and directly related military measures, in particular the impact of unexploded ordnance, b) official measures directly related to hostilities or their preparation, with the exception of the General measures of the blackout, c) impacts, which was exposed to the damaged due to the special circumstances of fleeing an imminent from warlike operations danger to life or limb , d) damaging operations that have occurred as a result of the military occupation of German or formerly german occupied area or with the special danger of forced relocation or abduction-related, e) retroactive effect of military operations that have left a peculiar war risk area.
(2) as retroactive effect of military operations (paragraph 1 point (e)) also claims that combined a shall apply,) with the second world war by members or other employees of the occupying powers or by means of transport (aircraft) of the occupying powers before the day caused are, be granted from achievements under other provisions b)
with the first world war by the section 1 No. 1 of the law on the replacement of the occupation of German Reich territory injury (crew personal injury Act) as amended by the notice of April 12, 1927 caused by (RGBl. I S. 103) designated events are caused and had led to the granting of benefits.
§ 6 other than those in paragraphs 2, 3 and 5 described, the existence of military or military-like service or immediate military action will be accepted with the approval of the Federal Ministry of labour and Social Affairs particularly justified cases.
§ 7 (1) this Act applies to 1 German and German national Member or their surviving dependants, 2. other victims of the war, when the damage with a service in the context of the German armed forces, or with a military-like service for a German organization in any causal connection, and their surviving dependants, 3. other victims of war, at the time occupied territory through direct military action occurred the damage in Germany or in a damage to the German Wehrmacht where , or their surviving dependants, if they have their residence or habitual abode in the territorial scope of this Act.
(2) to war victims who have a claim on power against another State from the same cause, the law is not applied, unless that inter-governmental agreements determine otherwise.
§ 8 to beneficiaries residing abroad services are provided in accordance with sections 64 to 64f.
section 8a (1) injury within the meaning of § 1 para 1 is equal damage to a beneficiary or beneficiaries according to § 10 para 4 or 5 by an accident in which a stationary measure suffers according to article 12, paragraph 1 or 4 or section 26 or the necessary there and back. This applies accordingly if the beneficiaries or recipients follows the request to appear, because the supply personally a competent service provider or by a court, and it suffers an accident.
(2) paragraph 1 shall apply accordingly if a caregiver at a spa suffers an accident according to § 12 para 3.
(3) an injury within the meaning of § 1 para 1 is an injury equal a not according to § 2 para 1 accompanying person insured No. 1 or 9 of the seventh book of the social code by accident in a necessary due to the consequences of damage monitoring of damaged on a road within the meaning of § 1 para 2 letter e or the necessary support during the implementation of a listed measure suffers. This applies accordingly if the damaged follows the desire of a service provider, other authority, or by a court, to appear in person.
§ 8B of health damage within the meaning of § 1 para 1 shall be equivalent to the damage to a device worn on the body, a pair of glasses, contact lenses or dentures.
Scope of supply § 9 (1) the supply includes 1 treatment, exercises for disabled persons and treatment (§§ 10-24a), 2 services of war victims (§§ 25-27j), 3 Beschädigtenrente (paragraphs 29 to 34) and care allowance (§ 35), 4. funeral money (article 36) and death grants (section 37), 5. survivor's pension (sections 38 to 52), 6 funeral money at the death of relatives (§ 53).
(2) at the request of following services provided under this Act by a personal budget according to § 17 paragraph 2 to 4 of the ninth book social code in conjunction with the budget regulation: 1 services the health and health care, 2. Services for participation in working life according to §§ 26 and 26a, 3. the participation to section 27 d, paragraph 1, point 3, 4 services help to maintain according to § 26 c including help for the continuation of the budget under section 26 d and 5. the care allowance to § 35. medical treatment , Exercises for disabled persons and medical treatment section 10 (1) treatment is granted damaged for health problems, which have been recognized or by a recognized consequence of damage caused as a result of damage to health disorders or the damage to the profession or earning capacity caused by them to eliminate or to improve, to prevent an increase in the suffering, to avoid long-term care, to overcome, to reduce or to prevent its aggravation , to resolve physical complaints, to ease the consequences of the damage or the damaged according to the objectives referred to in article 4, paragraph 1, of the ninth book of the social code to enable a comprehensive participation in the life of society. A medical condition only in the sense of aggravation as a result of damage is recognized, by way of derogation granted by set 1 treatment for the entire health disorder, except that the health disorder recognized as a result of damage to the State, requires treatment, is without effect.
(2) treatment is granted people with disabilities also for health problems, which are not recognised as a result of damage.
(3) disabled leibesübungen granted damaged to salvage and conservation of physical performance.
(4) treatment is a) the people with disabilities for the spouse or life partner and the children (section 33 b paragraph 1 to 4), as well as other relatives, who are living with him in domestic community and entertained mostly by him b) the beneficiary of the care allowance for persons who not only temporarily took over his unpaid maintenance and care, c) the widows and survivors life partners (§§ 38 , 42 to 44 and 48), orphans (sections 45 and 48) and pensioners parents (articles 49 to 51) granted to health disorders or the damage to the profession or earning capacity caused by them to eliminate to improve, to prevent an increase in the suffering, to avoid long-term care, to overcome, to reduce or to prevent its aggravation, to remedy physical ailments or to ease the consequences of disability. The beneficiaries referred to in letter c receive treatment also aimed to provide a comprehensive participation in the life of society according to the objectives referred to in article 4, paragraph 1, of the ninth book of the social code. Previous recipients (set 1, letters a and b), which after the death of the people with disabilities not to the circle of the set 1 letter c are, receive further treatment, if they cannot reach an effective health insurance protection under reasonable conditions.
(5) treatment is also granted, a) damaged with a degree of injury consequences of less than 50 for himself and those in paragraph 4 letter of referred to members of a, b) widows and surviving life partners (sections 38, 42 to 44 and 48) for which in paragraph 4 letter of a referred to members, if the beneficiary participates in a performance for participation in working life. The same applies for a temporary interruption of the participation of health or any other of the person entitled to reasons beyond its control.
(6) services for the prevention and early detection of diseases, and pregnancy and maternity benefits are granted for yourself and the recipient beneficiary, which meet the requirements of paragraphs 2, 4, or 5. In addition to health promotion, prevention and self-help to services are in accordance with the fifth book of the social code. The provisions on the health and the medical treatment with the exception of paragraph 1 shall apply for these services; for spa services of apply section 11 paragraph 2 and article 12 par. 3 and 4 (7) the claims under paragraphs 2, 4, 5 and 6 are excluded, a) if the beneficiary has an income that exceeds the year work remuneration the statutory health insurance, unless the beneficiary is entitled to maintenance allowance or can make sure the treatment due to health disorder recognized as a result of damage by a health insurance , or b) if the owner or the one, sought treatment for (beneficiary) after December 31, 1982 from compulsory insurance statutory health insurance on request has been released or c is) if the beneficiary has an income that exceeds the year work remuneration the statutory health insurance, except that has the legitimate claim for care allowance, or d) If a social security institution to a relevant performance is required or e) if entitled to corresponding benefits from a contract , except claims consists of a private health or accident insurance, or f) if and to the extent the healing or treatment is ensured by another law.
Appropriate services within the meaning of this paragraph are services which correspond to its purpose and the nature of the provision. Benefits in kind of other carriers that serve the same purpose as cost acquisitions, cash benefits or grants under this Act, apply in relation to these services as appropriate services. The claims that a person who pursuant to paragraphs 2, 4, 5 and 6 to not exclude that he is insured pursuant to § 10 of the fifth book of the social code.
(8) medical or hospital treatment may be granted even before the recognition of a supply claim.
Section 11 (1) the treatment includes 1 out-patient medical and dental treatment, 2. supply with medicines and Association resources, 3.
Supply with medicines including physiotherapy, movement therapy, speech therapy and occupational therapy as well as with eyeglass lenses and contact lenses 4. supplies of dental prostheses, 5. treatment in a hospital (hospital treatment), 6 treatment at a rehabilitation facility, 7 domestic nursing, 8 supply with AIDS, 9 load testing and work therapy, 10 non-medical social-paediatric services, 11 psychotherapy as a medical and psychotherapeutic treatment and social therapy.
The rules for the services, including the health insurance (section 18c para 2 sentence 1) its members is obliged, apply for the services pursuant to sentence 1, unless the law States otherwise.
(2) inpatient treatment in a spa facility (SPA) may be granted for damaged under the conditions of § 10 para 1, 2, 7 and 8 if it is necessary to secure the success or to prevent a deterioration to be expected in the near future state of health, a long-term care or an inability to work. Performance is 2(d) does not thereby excluded by way of derogation from § 10 section 7, that it is committed to a health insurance company to an appropriate output. A Spa should not be granted before the end of three years of implementation of such a measure or treatment measure, costing on the basis of public service rules have been borne or subsidized, except that a premature granting urgent health reasons is required. Is granted the Spa under the conditions of section 10, paragraph 1, should health disorders that can affect the success of the Spa, with be treated.
(3) to supplement the supply of AIDS damaged under the conditions of § 10 para 1, 2, 7 and 8 as compensation receive grants 1 for procurement, maintenance and change of motor vehicles or bicycles instead of particular resource and their repair, 2 for parking facilities for wheelchairs and for motor vehicles, whose procurement the damaged has received a grant or could have obtained can , equipment 3 to accommodate disability, 4. procurement and modification of certain, and 5 to the cost of certain services and work.
For individual services, the full cost can be applied. Recipient of a care allowance at least after stage III can also get a grant 1 No. 1 pursuant to sentence, if he is not sought instead a tool.
(4) damaged received under the conditions of § 10 para 1, 2, 7 and 8 domestic help as well as a grant of to stationary or part of inpatient care in hospices in appropriate application of the rules for the health insurance (section 18 c para 2 sentence 1) apply.
(5) the treatment includes supplementary services for rehabilitation, which do not belong to the services according to the § 11a, 26 and 27 d; the regulations apply to these complementary services for the corresponding services of the health insurance fund (§ 18c para 2 sentence 1).
(6) the medical and health care includes the supply of glasses and contact lenses; in cases of § 10 par. 2, 4 and 5 but only if there is no insurance relationship to a statutory health insurance. Entitlement to glasses includes also the facilities with the necessary glasses frame, if the glasses to treat of a medical condition pursuant to § 10 para 1 or if not injury related necessary glasses due to recognized injury consequences requires a more elaborate care.
section 11a (1) disabled physical exercises performed under medical care and expert guidance within the framework of regular local exercise events of suitable sports communities in exercise groups.
(2) the suitability of a sports association implies that size, medical care, sports management and practice facilities offer guarantee for a proper functioning of the training events.
(3) the administrative authority shall use a sport organization in the provision of services, which is able to ensure sufficient power supply in the entire country by appropriate sports communities. Several sports organizations she shall use only, if any organisation responsible for ensuring in a given area and if this is detected when the entire land area. Instead of a sports organisation, the management authority of suitable sports communities can serve immediately.
(4) if the managing authority for the provision of the services of suitable sports organizations or sports teams, the resulting administrative costs reasonably be replaced the organizational sources.
§ 12 (1) for the treatment of the sick is 1 No. 4 according to § 11 paragraph 1 with the exception of set. The treatment includes also medical rehabilitation benefits and supplementary services; the regulations apply to these services for the corresponding services of the health insurance fund (§ 18c para 2 sentence 1).
(2) subsidies for the cost of procurement of dentures can the persons entitled under the conditions of § 10 section 4, 5, 7 and 8 to be granted to the amount of 80 per cent of the necessary costs. § 10 section 7 is to apply subject to the proviso that the statutory health insurance scheme providing dental services exclude the performance pursuant to sentence 1; If such benefits are granted voluntarily insured, which carry more than half of the contributions from their own resources, these services with their value or amount on the total expenses are to be.
(3) a Spa may be granted spouses or life partners and parents of care allowance recipients, as well as persons who have taken over the unpaid maintenance and care a nursing allowance recipient, if they wont keep the damaged at least two years and the spa to preserve its ability to maintain the damaged, is required. A Spa may be granted during a period of five years after the completion of maintenance activities these people, if it is necessary to secure the success or to prevent a deterioration to be expected in the near future state of health, a long-term care or an inability to work. Spa treatments can be granted until ten years after termination of care activity if the care activity has lasted for more than ten years. § 10 section 7 and section 11, paragraph 2, sentence 2 and 3 shall apply mutatis mutandis. Domestic help according to § legitimate (4) entitled and beneficiaries receive pursuant to sentence 1 and 2 11 par. 4. 5, 7 and 8 services to health care in the form of a cure in the appropriate application of the rules get under the conditions of § 10 section 4, for the health insurance (section 18 c para 2 sentence 1) apply.
(5) section 11 paragraph 4 applies to beneficiaries or recipients of services in terms of § 10 par. 4 and 5 in accordance with.
Section 13 (1) the supply of tools includes the facilities with prostheses, orthopaedic and other AIDS, disability and accessory of tools, maintenance and the replacement of tools and accessories, as well as training in the use of tools.
(2) the tools are in the required number on the basis of medical regulation in technical scientific recognized to grant permanent execution and equipment; they must be adapted to the personal and professional needs of the beneficiary or recipient, and correspond to the generally recognised State of medical knowledge and the technical development. AIDS, whose Neuwert exceeds $300, are usually not to.
(3) the granting of the aid can be made conditional, adapt them letting the beneficiaries or beneficiaries or, undergoes training to become familiar with their use. The replacement of a device has become unusable may be refused if it is not returned.
(4) the beneficiary is entitled to rehabilitation and replacement of the tools, if their uselessness or their loss not to abuse, is due to intent or gross negligence of the owner or beneficiary.
(5) to the supply with prostheses the Federal Ministry of labour and Social Affairs may conclude agreements with service providers or their associations, in which the compensation to be paid and specific requirements of the supply be regulated.
§ 14 damaged, where blindness as a result of damage is recognized, receive monthly 157 euros to keep of a lead dog and as aid to the expenses for foreign leaders.
Section 15 creating recognized consequences of damage to extraordinary wear and tear on clothing or linen, so the cost with a monthly standard amount of 19 to 124 euros are to replace. The standard amount results from the multiplication of 1,980 euro which on the basis of a legal regulation according to § 24a letter d for the respective wear offence fixed score. The resulting amounts are rounded up to 0.49 euros to full and round up from 0.50 euros to full. Exceed the actual expenses in special cases, the highest level of the lump sum, so are recoverable.
§ 16 (1) supply sickness benefit is granted in accordance with the following rules a)
Damaged if they become incapable of work within the meaning of the provisions of the statutory health insurance because of a health disorder, which is recognized as a result of damage to or is caused by a recognized consequence of damage; related health disorders that are recognized only in the sense of aggravation as a result of damage to the entire health problem in their place, unless that is the health disorder recognized as a result of damage on incapacity for work without influence, b) damaged, if they are unable to work because of other health problems, unless due to these health problems healing or treatment to grant them (§ 10 par. 2 , 5 letter a and paragraph 7), c) widows and surviving life partners (sections 38, 42 to 44 and 48), orphans (sections 45 and 48) and pensioners parents (articles 49 to 51), if they become incapacitated, if health care is to grant them (§ 10 section 4 (c) and paragraph 7).
(2) as disabled in the sense § § 16-16f is also the beneficial owner, of a) due to the implementation of a stationary treatment measure of the health or medical treatment, spa or b) without being unable to work due to an other treatment measures of medical or hospital treatment, except the adjustment and repair of tools c) (dropped out) no full-time employment can exert.
(3) to supply sick pay entitlement even if healing or treatment granted before recognition of supply claim according to § 10 paragraph 8 or carried out a spa. A supply benefits through corresponding application of section 45 of the fifth book of the social code entitled to in case of a damage-related illness and thus required supervision, care or caring for the supervising parent of an entitled child.
(4) the right to supply sick rests, as long as it applies eligible unemployment benefit, allowance, maternity or unemployment money. This does not apply for the duration of a stationary treatment measure of healing or treatment or a spa. There is no entitlement to supply sick immediately before the incapacity for work unemployment benefit II was involved.
(5) the right to supply sick rests during parental leave under the Federal parental benefits and parents time act. This does not apply if incapacity for work before the start of the parental leave has occurred or supply benefits from pay to calculate is achieved through gainful employment during parental leave.
section 16a (1) supply sickness benefit amounts to 80 per cent of earned regular pay (rule fee) and must not exceed the lost regular net pay. The rule is charge under paragraphs 2 and 3. Supply sickness benefit is paid for calendar days. It's for a whole calendar month to pay, this is so with 30 days to apply.
(2) for calculation of rule pay is for beneficiaries, up to the beginning of the incapacity for work for a fee were employed to share settled fee billing period, at least during the last settled four weeks (base period) scored and reduced to one outstanding pay fees by the number of hours for which it was paid by the beneficiaries in the last prior of disability. The result is to multiply the number of regular weekly working hours resulting from the content of the employment relationship and divide by seven. The charge is expressed in months or a calculation of rule pay pursuant to sentences 1 and 2 is not possible, the 30th part is the calendar month settled in the last before the start of the measure achieved and reduced to one outstanding pay pay as a rule pay. If remuneration is achieved with a performance that is due for periods of exemption before or after this performance (value credit under paragraph 7 b of the fourth book of the social code), pay underlying during the assessment period of the calculation of premiums and reduced to once paid remuneration for the calculation of the consideration of the rule is decisive; Assets are not used in accordance with an agreement on flexible working time arrangements (§ 23 para 2 of the fourth book of the social code), are not taken into consideration. The application of sentence 1, working time, which corresponds to the paid remuneration considered regular weekly working hours.
(3) the rule payment is taken into account up to the amount of the applicable limit of performance assessment. Service ceiling is the 360. part of the contribution assessment ceiling of the general pension insurance for annual earnings.
(4) when calculating the rule pay and net pay, the peculiarities of the sliding zone are not to take into account according to § 20 para 2 of the fourth book of the social code.
(5) in the calculation of the consideration of the rule a is set 1 number for the year 2011 the fee billing periods § 9 1 (a) of the income tax act in which, all being applied as in force on November 5, 2011 to apply.
§ 16 (b) (1) has the owner immediately prior of disability income from agriculture and forestry (articles 13 and 14 of the income tax Act), business (paragraphs 15 to 17 of the income tax Act) or self-employed work (section 18 of the income tax Act) achieved, is to apply section 16a according to.
(2) assessment period is the last calendar year for which exists a Finanzamt. Supply sickness benefit is payable for calendar days. As a rule pay apply the profits which the assessments to income tax basis have been. A loss of balance between individual types of income is not to undertake. Increased displacement are the profits according to paragraphs 7 b 7 d and 7 h to 7 k of the income tax Act, after section 82a, according to sections 14 and 15 of the Berlinförderungsgesetzes and to paragraphs 7 and 12 of the construction law be added to 82 g and 82i of the income tax implementing regulation, as far as exceed that according to article 7, paragraph 1 or 4 of the income tax Act permitted displacement for wear and tear. Special depreciation are also after the §§ 7f and 7 g of the income tax Act, as well as according to the § § 81 and 82f of the income tax implementing regulation to be added. Exemption for capital gains are according to the § § 14, 14a, 16 para 4, § 17 para 3 and § 18 para 3 of the income tax Act and exemption according to § 13 para 3 of the income tax act not to take into account.
(3) an assessment to income tax does not take place, tax period is the last calendar year expired before the beginning of the incapacity for work, for which the beneficiary can demonstrate profits; the proven profits apply as a rule pay.
(4) can a rule charge not be identified according to paragraph 2 or 3 or a rule charge issued according to paragraph 2 or 3 fixed due to substantial change yields no appropriate standard for the loss of income, after the end of the assessment period, or for other reasons the rule fee considering the overall conditions is to set.
(Also a in the sense of article 16a, paragraph 1 shall apply (5) as rule fee) beneficiaries who meet the requirements of § 30 par. 12, a amount of 10 eighth notes of the incapacity for work necessary additional expenses for management, b) not working for beneficiaries, who are prevented by incapacity for work, to include a certain activity, gross income, which averaged escapes them, or, if this income is not determined can be , the average income of professional or economic group, which belonged to the beneficiary without the disability, c) among recipients of unemployment benefit or allowance an amount of ten Quavers of these services, provided that the requirements of point (b) are not available.
(6) supply benefits according to article 16a, and according to the paragraphs 1 to 5 to calculate a uniform calendar daily care sickness benefits is set.
section 16c (dropped out) § 16 d has taken the person entitled by an other rehabilitation funds sick, injured money or transition and is to grant him subsequently supply benefits according to sections 16 to 16f, can be assumed in the calculation of the supply sick pay from the date underlying remuneration.
§ 16e are required upon completion of the healing or treatment or a spa services for participation in working life and can not immediately then operated for reasons which the beneficial owner is not responsible, so is supply benefits for this period continued during train, if the beneficiary is incapacitated for work and on sickness benefits not entitled to him, or if a reasonable employment not can be passed on him.
(1) the person entitled receives during the period of supply sick pay, is so to shorten supply benefits to pay reduced to the statutory deductions; Once outstanding pay and benefits the employer to supply sick, as far as they exceed scored before the incapacity for work, reduced to the statutory deductions pay together with the supply benefits, remain out of approach. The legitimate income from agriculture and forestry, business or self-employed work, achieved during the period of supply benefits supply sickness benefit is 80 per cent of the deemed rule fee amounts to cut.
(2) the beneficiary through an activity receives earned income during this process supply benefits, care benefits to 80 per cent of earned wages to cut.
(3) the supply of sick leave is also to cut back the amount reduced to statutory deductions 1 cash, a public agent in connection with the healing and medical treatment or spa granted, 2. pensions, if the supply benefits a goal before the start of the pension granting remuneration or wages, underlying, 3. pensions granted on the same occasion as the rehabilitation measures, avoiding an undue double performance by the credit.
(4) who makes legitimate entitlements to benefits a public authority not asserted, so is the amount thereby entgehende him to be; This does not apply insofar as the claims are not achieving or from ignorance or a contact reason not have been made or are asserted.
(5) § 71B finds appropriate application.
§ 16 g (1) is an employee on the day after the termination of a service obligation-based service after the Civil Service Act or the Federal Act of 18 August 1972 (BGBl. I S. 1834), most recently by article 3 of the law of 19 October 1994 (BGBl. I S. 2978) has been amended is unable to work due to a medical condition, so are the private employer who is already required on the basis of one prior to the start of employment of existing employment relationship to the sick of pay in case of illness , paid on pay, the related, to borne by the employer and paid contributions to social security and promoting work and facilities of extra old-age and survivor's pension is paid, if the disorder by damage within the meaning of §§ 47, 47a of the Civil Service Act or of section 59 of the Federal law of 18 August 1972 (BGBl. I S. 1834), most recently by article 3 of the law of 19 October 1994 (BGBl. I S. 2978) is has been modified , is caused.
(2) the reimbursement is limited to the period referred to in paragraph 1, for the employer to the sick of pay in case of illness is required. The refund period ends earlier if the incapacity for work on the days after termination of employment is omitted or is no longer caused by the consequences of the damage.
(3) has accrued a claim the workers, to be able to claim compensation because of suspension of earnings, which caused him the incapacity for work, on the basis of legal provisions by a wrongdoer such employers may require reimbursement in paragraph 1 only to transfer this claim to the extent of the obligation referred to in paragraph 1 is justified.
(4) the expenses of the employer will be reimbursed on request. Reimbursement will be made only after determining the pension entitlement. The entitlement to the reimbursement is limited to four years since the end of the year of the termination of the service.
§ 16 h does not meet the entitlement to sick pay the employers during the incapacity of the person entitled, as the claim of the person entitled against the employer passes up to the amount of the paid care sick pay to the cost objects of Kriegsopferversorgung. To the extent in which the employer may demand reimbursement g para 1 § 16, is this claim not asserted.
Article 17 leads to a significant disturbance to the basis of the acquisition of the damaged a necessary measure in the treatment of a recognized sequence of injury (article 10, paragraph 1, article 11, para. 1 and 2), so a reasonable subsidy may be granted; She should not exceed in general daily 36 euro. The aid may also be granted if the income including the supply sick pay as a result of existing, irresistible financial commitments are not sufficient to make the necessary living. The aid is not to grant, as far as the financial burden are based on a commitment by which the governance of economic life have been injured.
Article 18 (1) the services are provided as benefits in kind according to the sections 10 to 24a, unless otherwise stated in this law or the ninth book of the social code. Benefits in kind are to provide beneficiaries and recipients without participation in the costs. The same applies for the replacement of the travel costs within the framework of the health and health care through health insurance companies.
(2) in the supply of dental prostheses (section 11, subsection 1, sentence 1 No. 4) or with AIDS (section 11, subsection 1, sentence 1 No. 8, § 12 para 1 sentence 1) may provided in-kind contributions upon request in size, material or execution beyond what is necessary, if also this achieves the purpose of the care and the beneficiaries or recipient assumes the additional costs. The same is true for dental fillings. A power pursuant to sentence 1 or 2 follow-up services leads to additional costs, the beneficiaries or recipient has to take over.
(3) the beneficiary carried out a treatment, hospital treatment or spa before the recognition itself, are so must reimburse the costs for the necessary treatment in an appropriate amount. The same applies if an acknowledgment is not possible, because no health disorder is left behind after completion of treatment, or if a damaged has carried out the treatment before the claims of the supply in the period, for which Beschädigtenversorgung can be granted, or if a damaged by circumstances that were beyond his control, was prevented from registration before starting treatment.
(4) the person entitled conducted a healing or treatment for the recognition itself, so the cost of reasonable amounts are to reimburse, if unavoidable circumstances recourse of health insurance (section 18 c para 2 set 1) or the managing authority (section 18 c para 1 sentence 2) made impossible for. This applies to Versorgungsberechtigte, who are members of a health insurance company, but only, as well as with regard to the services which are to grant 18 c para 1 sentence 2 of the administrative authority according to § when the cashier not to performance is required. The beneficiaries or beneficiary completes a health insurance after removal of the right to health or medical treatment or he joined a health insurance company, so the expenses for insurance in reasonable amounts be replaced him when claim to healing or treatment during the pre-litigation procedure or in the judicial procedure is legally binding retroactively once detected to. A self-serve Spa costs are non-refundable.
(5) after paragraph 3 or 4 granted the legitimate reimbursement of costs, also to supply sick pay entitlement.
(6) place of performance according to section 11, subsection 1, sentence 1 No. 4 a reasonable subsidy may be granted the damaged for the procurement of a dental restoration due to consequences of injury, when he make an advanced dental restorations can be due to the loss of other teeth, for which, there is no entitlement under this Act on treatment. The managing authority can pay the grant directly to the dentist.
(7) in special cases also the costs of services can be applied for the inpatient treatment of damaged beyond the General Hospital services, if it is deemed necessary according to the circumstances, in particular with regard to the accepted injury consequences.
(8) the person entitled dies so the cost of the last disease in an appropriate amount can be refunded the heirs.
section 18a (1) benefits are provided according to the sections 10 to 24a on request; they may be granted also by virtue. Application is considered to be the a card is issued. The beneficiary is a member of a health insurance fund, requests for services are considered under this Act at the same time requests on the appropriate services of the health insurance fund, requests for services of health insurance at the same time as amendments to the corresponding benefits under this Act.
(2) the services, provided that after the sections 10 to 24a below nothing else is determined by the 15th of the second month of the calendar quarter that preceded the submission, from the day granted not earlier than after their conditions are met. Officio, benefits from the day are provided where the claim facts of health insurance or administrative authority are known.
(3) supply sickness benefit is to grant after his conditions are met, will if requested within two weeks after the occurrence of the incapacity for work or after the beginning of the treatment action after loss of entitlement to payment of the wage or salary, otherwise from the day of the application is submitted to the day. The message of the incapacity for work is regarded as request. The motion is not timely, is the supply sickness benefi t for the past time to grant if unavoidable circumstances made it impossible for the observance of the period. Officio supply sickness benefit is granted from the day on which the claim facts of health insurance or administrative authority are known. The rates of 1 to 4 apply also for the aid pursuant to article 17 (4) for services to the §§ 10-24a, which grant in monthly amounts, § 60 shall apply mutatis mutandis.
(5) benefits are paid according to the sections 10 to 24a, which can be granted in annual instalments, by the first of January of the year of submission to, at least by the first of the month, in which the conditions are fulfilled. Officio, these services from the first of January of the year to be granted where the claim facts are known the health insurance fund or the managing authority, at the earliest from the first of the month, in which the conditions are fulfilled. On one-off cash benefits only entitlement if they apply before the end of twelve months after emergence of the expenses.
(6) the services are after the sections 10 to 24a. unless the following another, until the day granted where its prerequisites are deleted. You are granted further until the end of the calendar quarter in which their conditions are be omitted, if the need for treatment or irregular body condition persists. The requirements the removal by an increase in income occurs, apply as with the time accounts for, where he gained authorized knowledge of the boost. The elimination is based on the death of the people with disabilities or the care allowance recipient, the services end at the end of the sixth month following death month.
(7) supply benefits and aid pursuant to § 17 end with the removal of the conditions for their granting, the entry of a permanent state, the granting of old-age pensions from the statutory pension insurance or payment of early retirement money. A steady state is given, if the incapacity for work is expected not to eliminate 78 weeks. Supply benefits and aid be granted if the conditions for their granting to day, when these prerequisites are deleted. At entrance a permanent State or the awarding of a pension supply benefits and aid, provided that they are regularly granted, up to the expiry of two weeks after determining the condition of duration, for old-age pension grant until the day granted where authorized by the permit has received knowledge. Payment of early retirement benefits end after article 17 with the day preceding the beginning of the staunchly supply benefits and aid. The benefits are not continuously provided they are granted until the day of determining condition of duration of or of the commencement of the pension. Detecting duration is excluded, as long as the party entitled to inpatient treatment measures are granted or as long as he is unable to continuously work not for at least 78 weeks; Times of a grafted in, based on same disease disability are attributable to this period, as far as it is within the last three years prior to the introduction of incapacity for work. Cures and stationary treatment in rehabilitation facilities end upon expiry of the period prescribed for the treatment. Services, which are recognized in annual instalments, end up at the end of the calendar year in which the prerequisites are are deleted for their granting.
Article 18 b beneficiaries and beneficiaries, the services only on the basis of this Act receive, as well as the beneficiaries who are insured pursuant to § 10 of the fifth book of the social code, have to identify themselves to doctors and other providers. § 15 of the fifth book of the social code shall apply mutatis mutandis.
Footnote (+++ § 18b: to apply see OEGÄndG 2 article 6 F. from 23.7.1991 +++) § 18c (1) the sections 10 to 24a be carried out by the managing authority. Within the framework of this jurisdiction the administrative authorities provide dentures, supply with tools, movement therapy, speech therapy, occupational therapy, stress testing, work therapy, treatments according to section 11, paragraph 2 and article 12 par. 3, compensation, exercises for disabled persons, grants for the procurement of Dental restorations, lead dog allowance, aid outlays for foreign leaders, standard amount as a replacement for clothes and linen wear, refunds pursuant to § 16 g, aid pursuant to § 17, services according to § 18 para 3 to 8 and § 24 , as far as the managing authority for the provision of the main service is responsible, reimbursement of costs of health insurance, contributions to the statutory pension insurance for periods of reference of supply benefits, reimbursement of the expenditures for the old-age pension, as well as contributions to the employment promotion. The other services are provided by the health insurance companies for the management authority. In this respect, the beneficiaries and beneficiaries of health order are subject to.
(2) are the health insurance companies pursuant to paragraph 1 sentence 3 of the provision of the services required, then is this obligation beneficiaries who are members of a health insurance company, and beneficiaries and recipients, are the family members of a member of the Fund, this health insurance company, in case of the treatment of the remaining damaged and the ill treatment of the beneficiaries and the other beneficiaries of the General local health insurance fund of place of residence. The opposition authority responsible for the Administration decides on appeals against administrative acts, which are adopted in the framework of the provision of health insurance companies.
(3) instead of the health insurance fund, the managing authority can provide the services. The health insurance companies should inform the managing authority with cases appears in which the provision of services by the management authority.
(4) even though the healing and medical treatment be granted only on the basis of this Act, doctors, dentists, pharmacists and other medical and health care persons, as well as hospitals and facilities only on the remuneration to be paid to members of the health insurance fund are entitled. In the procurement of tools within the meaning of § 13, do not exceed the remuneration to be paid by the local health insurance fund for its members at the registered office of the supplier. As far as supply, an agreement in the sense of § 13 paragraph 5 has been closed with a prosthetic appliances, the remuneration provided for in this agreement do not exceed by way of derogation from sentence 2. Exceptions to these rules may be admitted.
(5) legislation-based services public service providers, but no claim may be not failed or shortened because after the sections 10 and 24a are services for the same purpose. An other public service providers delivering a kind, any grant or other money, or a kind associated with a grant of power for the same purpose of performance, because a kind is already granted on the basis of this Act, he is subject to a refund, as far as he could otherwise granted services. The obligation to refund fails if to treat the disorder as consequence of damage is recognized or is caused by a recognized consequence of injury or have been obtained for legitimate, are insured pursuant to § 10 of the fifth book of the social code.
(6) doctors, hospitals and other providers are obliged, the managing authority and the health insurance fund (paragraph 2 sentence 1) to provide, as far as this is necessary for the fulfilment of the tasks the managing authority or the health insurance fund in the §§ 294, 295, 298 and 301 to 303 of the fifth book of the social code designated data.
§ 19 expenses for services will be reimbursed health insurers have provided according to § 18 c. Expenses are only reimbursed them for their members, insofar as these costs are caused by treatment of recognized injury consequences.
Footnote (+++ § 19: to the application see OEGÄndG 2 article 6 F. from 23.7.1991 +++) section 20 (1) the refund claims of the health insurance companies according to § 19 be compensated flat rate. Basis for determining the lump sum for a calendar year is the refund of previous year. It is changed to the IM hundred set to the number of pensioners a damaged and bereaved have changed on 1 July of the year as compared to the 1 July of the previous year. This result have then the of the hundred set changed, the expenditure of the health insurance per Member and retired people including family members for medical and dental treatment (without dentures and orthodontic treatment), in the first half against changed the first half of last year respectively for medicaments and dressings, remedies, for hospital treatment and for travel costs. The expenses referred to in section 19 of health insurance are satisfied with the payment of this lump sum.
(2) the Federal Ministry of labour and Social Affairs pays the lump sums to the AOK Bundesverband, taking them for the health insurance companies receive. Amounts will be paid at the end of each calendar quarter. For the calculation of partial amounts reduces the lump sum of 10 per cent last year. As long as the comparison data referred to in paragraph 1 are not available, payments in the amount of the lump sum amount of the previous year are provided reduced by 10 per cent. The AOK Federal Association distributes the amounts on the leading associations of sickness funds with their agreement; the distribution will vary according to the ratio of the share of each type of health insurance to the refunds according to the articles 19 and 20 in the version applicable up to 31 December 1993 to the reporting volume of all health insurance companies in the financial year 1993.
(3) administrative costs amounting to 3.25 per cent of the lump sum referred to in paragraph 1 will be reimbursed for the provision of services pursuant to § 18 c health insurance. The allocation of this amount to the individual countries depends on the number of pensioners a damaged and bereaved families each on 1 July of the year. The Federal Ministry of labour and Social Affairs announced the share to be paid by the countries. Paragraph 2 shall apply mutatis mutandis.
(4) according to laws, which provide for an appropriate application of this Act, paragraphs 1, 2 and 3 for countries to expenses only apply as far as this is expressly provided.
Footnote (+++ § 20: to the application see OEGÄndG 2 article 6 F. from 23.7.1991 and OEG § 1 par. 13 F. from 25.7.1996 and BSeuchG § 54 para 3a F. from 25.7.1996 +++) section 21 for reimbursement pursuant to § 18c para 5 paragraphs 107 to 114 of the tenth book of the social code shall apply. The limitation period begins at the end of the year, where the medical or hospital treatment, carried out at the earliest however with the recognition of the claim of the supply.
Footnote (+++ § 21: to apply see OEGÄndG 2 article 6 F. from 23.7.1991 +++) section 22 (1) the administrative authority paid for legitimate contributions to the statutory pension insurance for times of reference of supply benefits, as well as the contribution to the work.
(2) the expenses for the old-age pension will be refunded on request not subject to the compulsory pension beneficiary, related supply benefits, up to the amount of the contributions, which would be payable to the statutory pension insurance for periods of reference of supply benefits. Expenses for old-age pension within the meaning of sentence 1 are voluntary contributions to the statutory pension insurance, contributions of to public service occupational insurance and utilities, as well as contributions to public or private insurance companies on the basis of life insurance contracts.
(3) the health insurance fund shall designate the recipients of care benefits quarterly the managing authority, the information necessary for the payment of the amounts and submits the appropriate documents on request of the administrative authority.
Article 23 (dropped out) section 24 (1) authorized are entitled to transfer of the travel costs incurred in connection with a performance of the medical or hospital treatment, as well as a spa. Necessary travel expenses including the necessary baggage allowance, as well as the costs for Board and lodging to a reasonable extent be replaced the legitimate for itself, a necessary support, as well as for children, whose driving is necessary, because their other care is not guaranteed, to the rehabilitation. The measure more than eight weeks, takes the necessary travel expenses for family journeys or journeys of a family member to the place of residence of the beneficiary or recipient can be applied. Aborts a stationary treatment without compelling reason, is not entitled to reimbursement of travel costs.
((2) replacement for lost earnings is reasonably granted a) with the adjustment and repair of tools, b) with necessary support, if the owner of the escort to the reimbursement is required.
Sentence shall apply in connection with services provided by the health insurance company to treat the injury effects of 1(b).
(3) is a tool without official permission (§ 13 para 1) adapted, changed or have been repaired, the applicable reimbursements are so and granted compensation for lost earnings in reasonable, if recognized the need for the measure.
§ 24a, the Federal Government is authorized by decree with the consent of the Federal Council a) way to determine scope and special conditions of supply with tools and accessories, as well as the compensation (§ 11 par. 3), b) to determine what counts as a resource and as an accessory in the sense of § 13 para 1, c) for damaged after the Federal and the laws, which provide for an appropriate application of this Act , Type, scope and specific requirements of disabled physical exercises as well as the sports that apply, as exercises for disabled persons to determine, to the conduct of invalids physical exercises, the fundamentals and the amounts of the flat-rate remuneration of expenses to be agreed to ensure the disabled physical education through sports organisations, as well as the basics for the pro rata compensation of expenses incurred by the participation of a damaged in training events to compatible with sports communities , to regulate, d) to adjust the calculation of the lump sum for clothes and linen wear for individual groups of consequences of the damage and the provision of special cases in the meaning of § 15.
War victim assistance article 25 (1) services of war victims get damaged and survivors to complement the remaining services under this act as special assistance in individual cases (section 24 para 1 No. 2 of the first book of the social code).
(2) the task of the war victim assistance is the damaged and members of their families, as well as the bereaved in all walks of life to take to adequately compensate for the consequences of damage to or loss of his/her spouse or life partner, parent, child or grandchild, or mitigate.
(3) services of war victims received in accordance with the following rules 1 have damaged basic pension pursuant to § 31 or entitled to treatment according to § 10 para 1, survivor, the survivor's pension, widow's or orphan aid under this Act related 2, parents even if parents pension is not entitled to them because of the amount of their income and the requirements of sections 49 and 50 are met.
Services of war victims are also granted if the claim to power rests according to section 65, the claim is extinguished or transferred on payment of basic pension because of severance pay or according to § 44 par. 5 eliminates widow supply on the basis of the deduction.
(4) war victim services also for family members damaged get as far as they can their needs to be recognised according to the following regulations not from their own income and wealth. The spouse or the spouse of the damaged, 2 are considered family members 1 children of the damaged, 3. the children who apply according to § 33 para 2 as children of the damaged, and his foster children (persons, with whom the damaged by a similar family, calculated on longer duration bond is connected, unless he has recorded them in his budget and ceased to exist a fruit hat and foster care to their parents) , 4. other relatives who live with the damaged in same household, 5 persons, their exclusion an apparent hardness would mean if the damaged mostly denies the living of family member, has denied before the damage or would probably dispute without the damage. Children are considered pursuant to sentence 2 No. 2 and 3 on the completion of the 18th year of life, family members, if they live with the damaged in same household or the requirements of § 33 meet b paragraph 4 sentence 2 to 7.
(5) services of victims of war can also be provided if type and scope of supply still not adjudicated, the recognition of a supply claim but is expected.
(6) the right to performance in an institution (§ 25B par. 1 sentence 2) or carer (section 26 c paragraph 8), as far as the service would have been provided the beneficiaries, after her death those entitled to, which have provided the aid or provided the care.
§ 25a (1) the care of war victims services, if and insofar as the damaged as a result of the injury and the bereaved as a result of the loss of the spouse or life partner, parent, child or grandchild unable are, according to this law and on other income and assets needs to be recognised under the following provisions from the other services.
(2) a correlation between the injury or the loss of the spouse or life partner, parent, child or grandchild, and the need for the performance is presumed unless the contrary is clear or proven. War victim services can also be provided if a correlation between the injury or the loss of the spouse or life partner, parent, child or grandchild and the necessity of power does not exist, the performance but in some cases by special reasons of equity is justified. The connection is assumed always get 1 when damaged, the basic State pension with a degree of injury episodes by 100 and professional compensation or a care allowance; Article 25, paragraph 3, sentence 2 shall apply accordingly, 2. for people with disabilities who have reached age 3 when bereaved, erwerbsgemindert or practice are fully within the meaning of the sixth book of the social code or the 60th life year have completed the 60th.
section 25B (1) war victims services are 1 for participation in working life and complementary services (§ § 26 and 26a), 2. health assistance (section 26 b), 3. help care (§ 26 c), 4. assistance for the continuation of the budget (section 26 d), 5 old people's welfare (§ 26), 6 education aid (section 27), complementary 7 help the living expenses (§ 27a), 8 recovery help (section 27 b), 9 housing assistance (section 27 c), 10 aid in special circumstances (section 27 d).
Is the service in a stationary or part stationary facility is provided, covers the living expenses provided in setting up including the unique benefits in addition required; section 133a of the twelfth book of the social code shall apply mutatis mutandis. Sentence 2 shall also apply if help maintain only therefore is not granted, because appropriate services will be provided after the eleventh book of the social code.
(2) benefits of the war victim assistance are services, property and money.
(3) in particular the advice in the care of war victims as well as the provision of information on other social issues include to the services, unless they perceive are by other bodies or persons.
(4) cash benefits provided as a one-time, ongoing aid or loans. Loans can be given, if this kind of performance for the purpose of the performance is sufficient or appropriate. Instead of cash benefits, benefits in kind may be provided if this type of benefit in individual cases is more appropriate.
(5) nature, extent and duration of the services of victims of the war are based on the peculiarity of the case, the nature of the needs and the local conditions. Nature and severity of the damage are particularly take into account health and age, as well as the position of life before the injury or before impact of the consequences of the damage, or before the loss of the spouse or life partner, parent, child or grandchild. Wishes of the beneficiaries, which focused on the design of performance, should be complied with so far as they are proportionate and require no unreasonable additional costs.
section 25c (1) the amount of the cash benefits is calculated according to the difference between the needs to be recognised and to be income and assets; Article 26, paragraph 5 and Article 26a shall remain unaffected. In addition cash benefits may be provided in justified cases also, than to use income or assets of the beneficiaries to meet the needs, or to exploit;. to this extent, they have to refund the charges the carrier of the care of war victims.
(2) a kind considered, beneficiaries have to bear the cost of the benefits in kind in the amount of to be income and assets.
(3) income is insofar not be used, as the usage of income in each case taking into account the particular situation of a damaged or survivors would be unreasonable especially after nature and damage close to the needs, duration and amount of necessary expenses, as well as of the special burden of the beneficiaries and their dependants. Only injury-related demand, income is to be used. Sentence 2 only for the package of measures within the meaning of section 76 para 2 of the twelfth book of the social code shall apply in the cases of stationary integration assistance. The care allowance is according to § 35 demand reduction to take into account up to the amount of the package of measures.
(4) (lapsed) § 25 d (1) income within the meaning of the legislation of the war victim assistance is all income in money or money value with the exception of the services of victims of war; Section 26a para 4 shall remain unaffected. Not the basic pension and the Schwerstbeschädigtenzulage, as well as an amount equal to the basic pension are considered income, insofar as according to § 44 par. 5 services on the survivor's basic pension be applied or as far as the basic pension rests according to section 65. Sentence 2 shall apply also for the underlying of the widow and orphan aid pursuant to § 48 amount of the basic pension.
(2) also income not separated spouse or life partner is considered income of the beneficiaries, so far as it exceeds the relevant to the beneficiaries income of section 25e, paragraph 1. Services of others on the basis of a civil law maintenance claim in this respect are income of the beneficiaries as the income of the debtor exceeds the income limit for them to be determined according to section 25e, paragraph 1; a maintenance amount is legally fixed thereon benefits are income of the beneficiaries. section 25e paragraph 2 shall remain unaffected.
(3) of the income should be off 1 on taxes payable on the income, 2. compulsory contributions to the social security system including the contributions to the employment promotion, 3. contributions to public or private insurance or similar establishments, insofar as these posts are required by law or appropriate reason and the amount, as well as sponsored old age pension contributions as far as they do not exceed the minimum own contribution according to § 82 of the income tax Act, according to § 86 of the income tax act , 4. necessary expenses connected with the obtaining of income, 5. the labour promotion money and boost amounts of pay within the meaning of section 43, sentence 4 of the ninth book of the social code.
(4) services, which are provided on the basis of public service rules for a purpose specifically mentioned are only so far as to take into account incomes, as the war victim assistance in a particular case serves the same purpose. An allowance, which is paid because of damage, which is non-pecuniary damage, according to article 253 of the civil code, is not as income.
(5) the free welfare do not apply grants as income, insofar as they affect not the position of the beneficiaries so cheap, that also services the care of war victims would be unjustified. Donations, providing another, without this having a legal or moral obligation, to remain as income not taken into consideration, insofar as their consideration would mean a special hardship for the beneficiaries.
(6) (dropped out) section 25e (1) income of the beneficiaries is to need cover only, insofar as it exceeds an income limit in a month, the resulting from 1 a basic amount of 2.65 per cent of the base amount of § 33 para 1 sentence 2 letter a (base amount), but at least in the basic amount referred to in § 85 para 1 No. 1 of the twelfth book of social code, 2. the cost of the accommodation , 3. a family allowance amounting to 40 per cent of the basic amount referred to in point 1 for the predominantly maintained by beneficiary spouse or life partner, as well as for each other by beneficiaries alone or together with the spouses or life partners predominantly entertaining person, up to a maximum of an amount of one-twelfth of the tax amount plus an amount equal to 75 per cent of the respective family aggregate.
(2) for minor unmarried damaged incomes of the parents must be used to meet the needs. Paragraph 1 shall apply for the use of the income accordingly subject to the proviso that a family allowance for a parent when the parents live together, as well as damaged and every person is, is so far mostly been maintained by the parents or the damaged or which they are responsible for determining the performance of war victim assistance. The parents do not live together, the income limit varies according to the parent of that or the damaged lives where; the parents do not live together and lives which or the damaged in any part of the parents, the income limit is determined according to paragraph 1; section 25 d, paragraph 2, sentence 2 shall apply.
(3) paragraphs 1 and 2 do not apply in the cases of § 26a 27 paragraph 2 sentence 4 and § 27a; § 26 par. 5 sentence 2, § 26b para 4, § 26c paragraph 11, section 27 para 2 last sentence and section 27 d, paragraph 5 shall remain unaffected.
(4) If you stay in a stationary or part of inpatient setting to use income in the amount of the expenditures after the expiry of two months after commencement in so far in setting up of household livelihood, to desist as it is below the relevant income limit and it would be unreasonable, the use of income. In addition the use may be required beneficiaries requiring long-term care in an inpatient facility on expected income below the income limit, as long as they mostly have no one else.
(5) as far as income to meet a specific need to use is in a particular case, the use of this income to the needs of other, existing at the same time cannot be required. Different income limits are decisive, is first to decide for which the lower income limit is governed by the performance. Same income limits of apply and various vehicle the care of war victims are responsible, the decision on the performance for the first which came needed has priority; the required cases occur at the same time, above the income limit income equally necessary cases is taken into account.
Insert paragraph 25f (1) is the total usable capacity. This applies also to saving Dissavers from services under this Act. War victim services may be made depending on not from the use of or from the realisation of assets, insofar as this would mean a hardship for the beneficiaries, who have to use the assets, and for their dependants. This is the case, when the usage of the assets significantly would complicate a reasonable lifestyle, maintaining a reasonable pension or ensuring a decent burial and grave concerns. Assets disregarded for a period of one year from payments of benefits under this Act. The rest 1 to 7 and 9, section 91 of the twelfth book of the social code as well as section 25 apply article 90 paragraph 2 number c paragraph 3 according to.
(2) as smaller amounts or other non-monetary following percentages of the amount of the assessment are according to § 33 paragraph 1 sentence 2 to take into account a letter: 1 10 per cent when providing additional help to the livelihood of beneficiaries including special welfare beneficiaries, their 60th year still not have completed, 2. 20 per cent when providing additional help to the livelihood of beneficiaries who have reached the age of 60. , including special welfare beneficiaries, as well as to fully Erwerbsgeminderte or life within the meaning of the sixth book of the social code and the this group of people comparable disability pensioners, 3. 20 per cent for all other services, except for special care authorized, unless the conditions for the granting of the legal amount of Skåne amounting to 40 per cent of the tax amount exist, 4. 40 per cent in provision of care cash benefits to Schwerstpflegebedürftige according to § 26 c paragraph 8 set 3 , blind aid according to section 27 d, paragraph 1, point 4, as well as all other services to special care beneficiaries with the exception of complementary aid for living expenses, plus an amount equal to 4 per cent of the rated amount for the most entertaining spouse or life partner and amounting to 2 per cent for each mostly alone entertaining person more by the beneficiaries alone or together with the spouse or life partner.
(3) even used residential property within the meaning of § 17 para 2 of the housing promotion law, wholly or partly, inhabited by beneficiaries alone or together with family members to serve those after the death of the beneficiaries as a flat is not to exploit.
(4) for minor unmarried damaged is to insert also the wealth of the parents to meet the needs or to exploit. For use and for the recovery of assets, paragraph 2 shall apply mutatis mutandis with the proviso that an amount equal to four per cent of the tax amount for a parent when the parents live together, as well as in the amount of two per cent for damaged and any person who mostly maintained by the parents or by damaged is. The parents do not live together, only assets of the parent is to use or exploit, in which damaged live. The parents do not live together and damaged when no parent living applies to the usage and paragraph 2 (5) for the recovery of assets are damaged and their spouse or life partner or both parents of underage unmarried damaged are blind or disabled number 9 of the twelfth book of the social code in the sense of § 1 paragraph 1 sentence 2 of the regulation on the implementation of article 90, paragraph 2 , paragraphs 2 and 4 with the proviso that an amount of 12 per cent of the tax amount to apply is for spouses or life partners of damaged and the parent of minor unmarried damaged shall apply.
Section 26 (1) damaged the participation in working life preserved after the articles 33 to 38a of the ninth book of the social code and the procedures in the vocational training sections of workshops for disabled persons according to § 40 of the ninth book of the social code.
(2) when storing damaged in a vocational rehabilitation facility there resulting expenses be borne by the institution of war victim assistance as contributions in kind.
(3) participation in working life also helps services include the creation and preservation of an independent existence; Cash benefits for this should be provided typically as a loan.
(4) the benefits of participation in working life including services in the input process and vet of a recognised workshop for disabled people will be complemented by: 1 transition money and living allowance in accordance with of Article 26a, 2. payment of contributions to the statutory pension insurance for times of the cover of severance in accordance with § 50 of the ninth book social law, reimbursement of expenses to the pension of non pension insurance damaged for voluntary contributions to the statutory pension insurance , for contributions to public service occupational insurance and pension institutions and public or private insurance companies on the basis of life insurance contracts to the amount of the contributions which would be payable, to the statutory pension insurance for times of the cover of transitional money 3. budgetary assistance according to article 54 of the ninth book of social code, 4. other services that are necessary, taking account of the nature and severity of the injury to achieving the aim of rehabilitation or to secure , 5. travel costs according to § 53 of the ninth book of the social code.
(5) where pursuant to paragraph 1 or paragraph 4 No. 4 services to reach the workplace or place of a performance of participation in working life, in particular assistance to the procure and maintain a motor vehicle be considered come, can the alignment of these services within the framework of a legal regulation according to § 27f the use of income by way of derogation from section 25e, paragraph 1 and 2 and section 27 d para 5 determined and by usage and recovery of assets all or partially apart. Moreover paragraph 4 in the for participation in working life and the complementary it services with the exception of other aid after cannot be considered no. 4 income and wealth; Article 26a shall remain unaffected.
(6) widow, widower or survivors are life partners, who want to be employed to maintain a reasonable life position, to provide services in by analogy with application of paragraphs 1 to 5 with the exception of paragraph 4 No. 4 in justified cases.
Section 26a (1) the right to transitional allowance as well as the height and calculation are determined by part 1 section 6 of the ninth book of social security code; In addition the sections 16a and shall apply for the calculation of the transition money, 16b 16f accordingly.
(2) has the damaged revenues within the meaning of § 16 par. 1 b and immediately prior to beginning the service to participate in working life involved no supply benefits, sickness benefits, injured money or transition, so b paras 2 through 4 and paragraph 6 shall apply accordingly for the calculation of transition money § 16. With damaged, the supply due to damage to military service or civil service corruption, are the calculation of rule pay income derived before the completion of military service (money and payment in kind) as a soldier, for soldiers who have received military pay, and for civilian service to use ten-eighth of income-related before the completion of military service or civilian service (money and payment in kind) as soldier or community service , if a) the damaged before the start of the military service or civil service has achieved no earned income, or b) to consider clause 1 fee is low according to section 46, subsection 1, sentence 1 or § 47 para 1 of the ninth book of the social code or pursuant to paragraph 2.
(3) damaged, that were not professionally active prior to beginning the service to participate in working life, receive a living allowance; instead of transitional money This does not apply to damaged within the meaning of paragraph 2 sentence 2. For the calculation of the living allowance, the provisions regarding services for living expenses for granting of education aid are apply mutatis mutandis; section 25 d para 2 applies not when adults damaged. When storing damaged in a rehabilitation facility, only an appropriate amount to compensation for additional further needs and expenses from ongoing irrecusable obligation to consider is the computation of living allowance.
(4) additional aid of war victims welfare into consideration, in addition to services pursuant to § 26 transitional allowance and maintenance allowance shall prevail as income.
§ get damaged and survivors in addition to the medical and health care services 26 b (1) medical aid under this Act. The sections 10 to 24a shall remain unaffected.
(2) medical assistance includes medical and dental treatment, supply of medicines, means of Association and dentures, hospital treatment and services required for the recovery, improving or alleviating the consequences of the disease. The services should meet generally the benefits granted according to the regulations of the statutory health insurance.
(3) doctors and dentists are entitled to remuneration, which pays local health insurance, the doctor or the dentist is established in, for their members for their services. The sick person has the free choice among doctors and dentists that agree to the medical or dental treatment in medical assistance to the remuneration referred to in sentence 1.
(4) after the disease has required either permanent infirmary or because of their particular gravity constant medical care during a consecutive period of three months, is to apply section 27 d paragraph 5 sentence 1 No. 1 according to when determining the income limit.
section 26c (1) damaged and help maintain is bereaved, need of help because of a physical, mental or emotional illness or disability for the ordinary and recurring activities in the flow of daily life in the long term, expected to be for at least six months, substantial or greater extent, to provide. Help the care is to provide also ill and disabled people, likely to be for less than six months of care or have less need than to sentence 1 or who need of help for other transactions as after paragraph 5; for a stationary or stationary body applies for services only, if it is required according to the specific nature of the case, in particular itinerant or stationary devices are unreasonable or not sufficient. section 35 shall remain unaffected.
(2) assistance to care includes home health care, nursing AIDS, part of inpatient care, respite care and inpatient care. The content of the services pursuant to sentence 1 is determined according to the rules of the social long-term care insurance for which, in article 28, paragraph 1 No. 1, 5 services listed up to 8 of the eleventh book of the social code; § 28 para 4 of the eleventh book of the social code shall apply mutatis mutandis.
(3) illness or disability within the meaning of paragraph 1 are: 1 loss, paralysis or other malfunctions in the support and movement apparatus, 2. dysfunction of internal organs or the sensory organs, 3. disorders of the central nervous system as drive, memory or orientation errors and endogenous psychoses, neuroses or mental disabilities, 4. other diseases or disabilities, as a result of those are people AIDS within the meaning of paragraph 1.
(4) the requirements within the meaning of paragraph 1 is to support, in the partial or complete takeover of chores in the flow of daily life or in supervision or instructions with the goal of the independent acquisition of these chores.
(5) ordinary and recurring transactions within the meaning of paragraph 1 are: 1 in the field of body care washing, showers, bathing, dental care, combing, shaving, the bowel or bladder emptying, 2. in the field of nutrition the bite-size preparation or the intake of food, 3. in the field of mobility the independent standing up and go to bed, arrival and undressing, walking, standing, climbing stairs or the leaving and again relocating the apartment , 4th in the household supply shopping, cooking, cleaning the apartment, wash, change and wash the linen and clothes or heating.
(6) the regulation according to § 16 of the eleventh book the social law, the guidelines of care funds according to § 17 of the eleventh book of social code, the regulation according to § 30 of the eleventh book of the social code, framework contracts, Federal recommendations and agreements about the nursing care according to § 75 of the eleventh book of the social code and the standards and principles to the safeguarding and advancing the quality of care according to § 113 of the eleventh book of the social code find the detailed definition of the need for care , the contents of the care service, the accommodation and meals and application to the delimitation, height and adjustment of maintenance funds pursuant to paragraph 8. The decision of the care Office on the extent of the need for care is under the eleventh book of the social code to apply also the decision in the framework of assistance for the care, as far as it is based on facts, to consider the two decisions.
(7) home care is sufficient in the case of paragraph 1, the carrier of on war victims welfare to work towards care including the household supply be taken over by people who are close to the patient, or in the way of the neighborhood assistance. Paragraphs 8 to 12 regulate the further. In a stationary or part stationary facility care receive no benefits to home-based care. The provisions of § 63 set 4 to 6 of the twelfth book of the social code shall apply mutatis mutandis.
(8) care, when personal hygiene, nutrition or mobility for at least two operations in one or more areas at least once a day need of help and in addition several times a week need help with the domestic supply (significantly dependent), receive a nursing allowance according to § 37 para 1 sentence 3 No. 1 of the eleventh book of the social code. Dependent arising from the personal care, nutrition or mobility for several activities at least three times a day at different times of day of the help must be and in addition several times in the week need help with the domestic supply (Schwerpflegebedürftige), receive a nursing allowance according to § 37 para 1 sentence 3 No. 2 of the eleventh book of the social code. Need of care, even at night, need of help when personal hygiene, nutrition or mobility for several operations every day around the clock, and in addition several times a week help the domestic supply (Schwerstpflegebedürftige), receive a nursing allowance No. 3 of the eleventh book of the social code according to section 37, subsection 1, sentence 3. The care needs additional due to illness or disability over a healthy age-matched child is decisive for dependent children.
(9) the reasonable expenses of the caregiver are persons in need within the meaning of paragraph 1 to reimburse; also can be adequate aid and posts of the caregiver for a reasonable pension taken over, if it is not otherwise guaranteed. Requires recourse to a special caregiver in addition to or instead of care under paragraph 7 sentence 1 or is a consulting or temporary relief of the caregiver available, shall pay the reasonable cost. The costs of the posts of a caregiver or a special caregiver for a reasonable pension are dependent persons receiving nursing allowance, in addition to refund, if it is not otherwise guaranteed.
(10) services sentence 3 are not provided pursuant to paragraphs 2, 8 and 9, as far as elderly similar benefits obtained under other provisions. The care allowance are attributable to: services similar services but they are provided under section 27 d, paragraph 1, no. 4 or under other provisions with 70 per cent of care funds under the eleventh book of the social code in the extent to which. The services are provided according to paragraph 9 in addition to the services referred to in paragraph 8. Services set 1 and 2 or equivalent services provided according to paragraph 9 under other provisions, the care allowance by up to two-thirds can be shortened. In part of inpatient care the care recipient, the care allowance can be shortened appropriately. Sentences 1 and 2 not services extent pursuant to paragraph 9, as are occupants able to take corresponding benefits under other provisions claim. Article 11, paragraph 3, of the fifth book of the social code, section 34 paragraph 2 sentence 2 of the eleventh book of the social code and section 66 paragraph 4 sentence 2 of the twelfth book of the social code shall apply mutatis mutandis. In these cases, a nursing allowance conditions primarily after the eleventh book of the social code on the services is pursuant to section 26 to be set 1 and 2 c paragraph 9. § 2 of the twelfth book of the social code shall remain unaffected.
(11) in determining the income limit is a)
Care in a stationary facility, if it is likely to be required over the longer term, domestic care, if 1 or 2 mentioned severity of helplessness is set in paragraph 8, section 27 d paragraph 5 sentence 1 No. 1 and set 2, b) in the care allowance pursuant to paragraph 8 sentence 3, section 27 d paragraph 5 sentence 1 No. 2 and section 27 d, paragraph 5, sentence 2 and 3 according to to apply.
(12) damaged the income limit is relevant for the performance have the income c paragraph 11 or the assets that exceeds section 25f assets after assistance to care for an adult child income and assets up to the amount to use section 27 h paragraph 2 sentence 3, as far as section 25e, paragraph 1 or article 26.
section 26 d (1) damaged and survivor with his own household to receive services for the continuation of the budget, if none of the members of the household may result in the budget and the continuation of the budget is available. The services should be provided usually only temporarily. Sentence 2 shall not apply if services accommodation in a stationary facility can be avoided or postponed.
(2) the services include personal care of household members as well as the other activity required to continue the budget.
(3) section 26c paragraph 7 sentence 1 and paragraph 9 sentences 1 and 2 shall apply mutatis mutandis.
(4) the can are provided also by the reasonable costs for a temporary alternative accommodation by household members, if this accommodation in special cases in addition to or instead of the continuation of the budget is.
section 26 is to be provided damaged and bereaved (1) elderly except the services according to the other provisions of this Act. She should help to prevent problems caused by age, to overcome or mitigate and to preserve the possibility of damaged and bereaved families at the age, to participate in the life of the community.
(2) services of the elderly are especially considering: 1. services in the procurement and to maintain an apartment that meets the needs of the elderly, 2. advice and support in all questions of inclusion in a facility that serves the care of old people, 3. services in all aspects of the use of developmentally appropriate services, 4. services to attend events or facilities , that the socializing, entertainment, education or the cultural needs of old people, 5 services, old people the connection enables related party, 6 services, and other pressing social engagement.
(3) to services are also referred to in paragraph 1, if they are used in preparation for the age.
(4) care for the elderly is to be provided without regard to existing income or assets, as far as individual advice and support is required.
(Section 27 (1) education aid receive a) orphans, who receive pension or orphan aid under this Act, and b) damaged, pursuant to § 31, basic pension for their children as well as children within the meaning of article 25, paragraph 4, sentence 2 No. of 3 § 25 paragraph 3 sentence 2 shall apply accordingly.
The education aid is to ensure appropriate education and training education to physical, mental and moral efficiency and adequate equipment and skills.
(2) education aid is provided, as far as the reasonable need for education, training and living by the to be income and wealth of orphans and their parents or the to be income and assets damaged and their children within the meaning of paragraph 1 set 1 (b) is not covered. In the identification of needs for living expenses, costs of the accommodation in the family are not considered. section 25e, paragraph 1 is to apply with the proviso that a family allowance does not apply is for the child or orphan, for the education aid is requested or is provided; This is true also in the cases of sentence 5 first half-sentence as well as in determining the income of the spouse or partner of the damaged and the spouses or life partners of the orphan after section 25 d para 2 sentence 1 income of the orphan and child of the damaged is fully insert with the exception of the labour income achieved during the training, as far as it is not training compensation and does not exceed seven per cent of the tax amount in the calendar year. The income of both spouses or life partners is regarded as income of the child, insofar as it exceeds the income limit to be determined according to section 25e, paragraph 1; a maintenance amount is legally fixed thereon benefits are income of the child. Damaged, which get a care allowance is to provide educational aid at least equal to the cost of education and training.
(3) exceeds the income of the parent of the orphan, the income of the damaged, the income of the spouse or life partner of the orphan or the income of the spouse or partner of the child of the damaged the income limit applicable to it, is the excess amount on a) the orphan and the other compared with the parents part dependent, b) the child of the damaged and the other against the corrupted dependent , c) the orphan and the other to the spouse of the orphan dependent, d) the child of the damaged and the other to the spouse of a child of the corrupted dependent evenly divided. The orphan or the child of the damaged share is as an income.
(4) education aid is damaged at the latest up to the age of 27 of the child. In case of interruption or delay of the school or vocational training by fulfillment of statutory military or civilian service duty of the child the education aid is however age beyond the 27 continues to provide for a time corresponding to the time of this service. Sentence 2 shall apply according to 1 for members of the German armed forces and of the police service, voluntarily committed for a period of not more than three years, as well as 2 for the activity in the period corresponding to the meaning of § 1 para 1 of the development law for the duration of the basic military service.
(5) education aid can be provided if compensation is paid according to § 89 instead of Beschädigtenrente, orphan's pension, or orphan aid.
(6) the usual training reasons, the damaged, can cannot be held responsible for their children or orphans, not at age of 27 years are completed, education aid through this time can be provided beyond.
§ 27a complementary assistance to the livelihood is damaged and bereaved, as far as the living not from the other services cannot be denied for this Act and to be income and assets. The provisions of the third chapter of book XII of social law, taking into account the particular situation of a damaged or survivors shall apply for the additional help of the living. 56 per cent of the cost of accommodation, with the exception of the costs for heating and hot water supply, not to reimburse considered performance pursuant to sentence 1 by way of derogation from § 50 of the tenth book of the social code. Sentence 3 shall not apply in the case of § 45 para 2 sentence 3 of the tenth book of the social code or if in addition to the performance pursuant to sentence 1 simultaneously housing benefit has been done under the housing benefit Act.
b (1) recovery help section 27 damaged for themselves and their spouses or life partners, survivors as holiday, if the recovery measures to preserve the health or ability to work necessary, intentional form of recreation residence appropriate and, if it is damaged, the Erholungsbedürftigkeit by the accepted consequences of damage is caused; people with disabilities always assume the connection between the accepted consequences of the damage and the Erholungsbedürftigkeit.
(2) the duration of the stay of the recovery is to be such that the success of the recovery is as sustainable; She should be three weeks, may not however exceed usually during this period. More recovery help is to not be provided normally before the end of two years.
(3) expenses of seeking, be spared while recovery of household livelihood, be taken into account need reducing. Additional minor expenses caused by the holiday, the holiday-makers are as special needs into account and can be compensated by standard amounts.
(4) during the implementation of the recovery action is to ensure sufficiently catered for children and such members of the household, requiring care.
(5) require holidaymakers a constant accompaniment, includes the need for recovery assistance to the requirements from the entrainment of the accompanying person.
Damaged and survivors receive housing assistance. Apartment assistance consists in advising in housing and settlement Affairs, as well as in the participation in the procurement and maintaining sufficient and healthy housing. Cash benefits are only provided if the apartment of a people with disabilities with respect to the nature and severity of damage special design or structural change or if designated, widow, widower or surviving dependants apply for life partners five years after their initial meeting in the territorial scope of this Act housing aid and a payment by the peculiarity of the case is justified.
Article 27 d (1) assistance in special situations get damaged and survivor 1 help to build or to secure the livelihoods, 2. AIDS to health, 3. integration assistance for disabled persons, 4 blind, 5. help to overcome particular social difficulties.
(2) services may be provided in other special circumstances justify the use of public funds, taking into account the purpose of the care of war victims.
(3) for the assistance in special situations apply the sections 47, 49 to 52, the sixth and eighth chapter, as well as sections 72, 74, 88 para 2 and § 92 para. 2 of the twelfth book social code, taking into account especially the location of the damaged or survivors according to. The sections 10 to 24a shall remain unaffected. Blind assistance can only be held if not a care allowance will be provided in accordance with section 35 because of injury-related blindness. Blind people will receive a maintenance allowance according to § 35 for other reasons, she will be referred to scale on the blind help to the in § 72 para 1 sentence 2 of the twelfth book of the social code. According to section 43a of the eleventh book of the social code as well as similar services under other provisions do the services of victims of war.
(4) paragraphs 1 to 3 apply to surviving dependants who need the assistance due to disability.
(5) in determining the income a basic amount of 1 in height of 4.25 per cent of the tax amount in the cases of a takes the place of the basic amount pursuant to section 25e para 1 No. 1) of integration assistance for disabled persons according to § 53 para 1 sentence 1 of the twelfth book social code in a stationary or part stationary facility, b) the supply of the persons referred to in section 53 para 1 sentence 1 of the twelfth book of the social code with prostheses, as well as with larger orthopedic or major other AIDS (§ (31 of the ninth book of the social code), c) help maintain in a stationary or part stationary facility, when it is expected to require over the longer term, as well as home-based care, if the section 26 c 8 set 1 and 2 mentioned severity of long-term care consists 2. amounting to 8.5 per cent of the tax amount in the case of a) the blind aid according to § 72 of the twelfth book of the social code , b) the care allowance under section 26c 8 set 3.
The family supplement is 40 per cent of the basic amount of section 25e para 1 No. 1. For no living spouse or life partner, the family supplement is half of the basic amount of sentence 1 in the cases of the set 1 No. 2 No. 1, if both spouses blind or disabled are no. 9 of the twelfth book of the social code in the sense of § 1 para 1 sentence 2 of the regulation on the implementation of article 90, par. 2.
(6) major orthopedic or greater other resources within the meaning of paragraph 5 sentence 1 No. 1 letter b are those, the price of which is at least 180 euros. The services according to article 8, paragraph 1, section 9, paragraph 2 and article 10 paragraph 6 of the integration assistance regulation considered aid within the meaning of paragraph 5 sentence 1 No. 1 (b;) the same applies to the special assistance according to § 28 para 1 No. 2 of the regulation for the care of war victims.
(7) in the case of the integration assistance, section 26 c shall apply for a disabled child para 12 according to.
the main services have to provide the services of the care of war victims in accordance with an effective special care section 27e for receiver of a nursing allowance according to § 35 and damaged, which the level of the injury consequences alone due to tuberculosis or facial disfigurement is at least 50, and Hirnbeschädigte.
section 27f the Federal Government is authorized, with the consent of the Federal Council by regulation type, to determine the extent and duration of the services of victims of war (paragraphs 25 to 27), as well as the procedure.
g (1) section 27 have damaged or dependants for the period for which the war victim assistance services, the carrier of the care of war victims by written notification to the other can cause a claim against another, which is not a service provider within the meaning of § 12 of the first book of the social code, that this claim up to the amount of expenses on it goes. The transition of the claim may set 2 or paragraph 2 that have to replace expenses or to bear c para 1 only or as the beneficiary insofar be effected, as helping with timely performance of the other would not been established according to § 25. The transition is not excluded that the claims can be transferred, pledged or attached. § 115 of the tenth book of the social code is the rules of paragraph 1 sentence 1.
(2) the written notification makes the transition of claims for the time, for the services of victims of war without interruption provided the damaged or survivors; Interruption is considered to be a period of more than two months.
(3) & (4) (dropped out) section 27 h (1) have damaged or dependants for the period for which help is provided, a maintenance claim, this goes according to common law up to the amount of the paid expenses along with the maintenance rights right to information on the winners of the war victim assistance through. The transition of the claim is excluded, as far as the maintenance claim is satisfied by current payments. The same applies when debtor with damaged or survivors in the second or in a more distant degree are related, as well as maintenance claims against relatives first-degree of a corrupted or survivors who is pregnant or up to the age of 6 years looking after their physical child. § 115 of the tenth book of the social code is the rules of paragraph 1 sentence 1.
(2) the claim goes only as far as damaged and survivors have their income and assets according to the provisions of section 25e, para 1, § 25f para 1 to 4, § insert 26B para 4, § 26 c section 11 and section 27 d, paragraph 5. The transition of the claim against a debtor under civil law is excluded, if this would mean undue hardship. Get the right of adult dependent, the integration assistance or help maintain, towards their parents § 27A value only in the amount of up to EUR 20 passes due to services according to §§ 26 c and 27 d only in the amount of up to 26 euro per month, for services to monthly. It is believed that the claim in the above amounts is transferred and several debtor equally liable; the presumption may be rebutted. The amounts mentioned in clause 3 be changed at the same time and to the same percentage to the child benefit changes.
(3) for the past of the carrier of the care of war victims can request right only from the time flowed maintenance except under the conditions of the civil, to which he has in writing to the granting of the aid the debtor. If the aid must be granted is expected over the longer term, the carrier of the care of war victims can sue up to the amount of the previous monthly expenses on future services.
(4) the holder of the care of war victims can this judicial claim re transfer to the maintenance claim flowed to him in agreement with the beneficiary and to cede the maintenance claim. Costs that beneficiaries become exposed, are to take over. Of the claims pursuant to paragraphs 1 to 3 is to decide in the way of civil law.
Establishing a social service as well as insert appeal carry § 27i which can beneficiaries support of the care of war victims. The expiry of the deadlines that passed without his fault, no effect against him; This does not apply for the procedural time-limits, the winner of the war victim assistance operates the procedure itself.
Care money § 27j dependants who purchased maintenance money 26 c para 6 as amended by force until March 31, 1995, to March 31, 1995, pursuant to § get extent that next exceeds the care allowance claim according to § 37 of the eleventh book of the social code and the applicable regulations of the Bundesversorgungsgesetzes notwithstanding section 26 c the benefits do not exclude; in a credit transfer of the money remains after § 57 of the fifth book, social code, in force until March 31, 1995 amended out of consideration. The same is true as far as dependants, paragraph 6 in the version applicable up to 31 March 1995 and in addition services to the domestic supply related care money until March 31, 1995 under section 26 c according to this law, receive therefore lower benefits for domestic supply according to this law, because then the attributable to the domestic supply of the maintenance money is counted under the eleventh book of the social code.
section 28 (dropped out) Beschädigtenrente section 29
Benefits for medical rehabilitation or for participation in working life are promising and reasonable, so an appreciation of the degree of the injury consequences incurred according to § 30 para 2, professional compensation and compensation pension at the earliest in the month in which these measures are completed.
Section 30 (1) the degree of the injury effects is based on the general impact of malfunctions, which are dictated by the physical, intellectual or mental health disorders recognised as a result of the damage to be assessed in all areas of life. The degree of the injury consequences is to measure; ten degrees from 10 to 100 lesser degrees of injury consequences is an up to five degrees from the higher level of ten includes. Temporary health disorders are not to be considered; temporary, a period up to six months. In damaged children and adolescents the degree of injury consequences to such is the degree, resulting in adults with the same disorder as far so that any unfavourable treatment of children and adolescents is connected. Minimum levels can be set for significant external damage to health.
(2) the degree of the injury consequences is higher, if damaged due to the nature of the injury consequences exercised before damage or started work, in the detectable aspired in the profession are particularly affected, which was carried out after the occurrence of the damage or still exerted. This is particularly the case if 1 due to the damage to the previously exercised, started or detectable target nor a socially equivalent profession may be exercised, 2. higher extent than incapacitated for work in the General labour force are but before the damage carried out or begun work on is exercised or detectable aspired occupation achieved, damaged but in this profession due to the nature of the injury consequences in one essential , or 3 the damage demonstrably has prevented the further rise in the profession.
(3) pension-eligible damaged, their children is reduced from current or former occupation by the consequences of the damage will receive a professional compensation amounting to 42.5 per cent of income loss (paragraph 4) rounded to full euros after application of paragraph 2 or, if this is more favourable, a professional compensation according to paragraph 6 (4) loss of income is the amount of the difference between the current gross income from current or former activity plus the compensation pensions (current income) and the higher than income. Damaged are entitled to a pension due to death, influenced by income in the amount according to the regulations of other social services, the compensation pension to be based, which itself would be excluding this pension for death is derogation from sentence 1 of the calculation of the income loss. The pensions from the statutory pension insurance is reduced, because the income in a period in the past, which includes no more than half of the working life, was due to the damage reduced, so the pension reduction is the loss of income by way of derogation sentence 1. The extent of the reduction is determined by are based on the pension calculation for damaged charging points, arising without taking into account the times is due to the damage reduced the income of a damaged.
(5) the comparison of income is calculated after the sentences 2 to 5. For the determination of the average income, the basic salaries of the grades of the federal pay order (A) from the penultimate are to attract three calendar years preceding the adjustment. Amounts of average incomes are up to 0.49 euros be rounded off to full euro and round up from 0.50 euros to full. The average of the three years is to update the sum of the percentages of the average remuneration of the statutory pension insurance in the two calendar years prior to customization has changed. The comparison of income is each governed by the time of the pension adjustment. It is to determine by the Federal Ministry of labour and Social Affairs and to announce in the Federal Gazette; the amounts shall be rounded to full euro. Notwithstanding sentences 1 to 5 are the comparison income of tables 1 to 4 of the notice dated 14 May 1996 (BAnz. S. 6419) for the period from 1 July 1997 to 30 June 1998 by adjusting the published values with the percentage to determine, which is determined in article 56, paragraph 1, sentence 1. Set of 6 second half-sentence, shall apply mutatis mutandis.
(6) professional compensation pursuant to paragraph 3 last part of the sentence is the net amount of the comparison in earnings (paragraph 7) minus net income from current or former employment (paragraph 8), the compensation pension (articles 32, 33) and of the spousal surcharge (§ 33a). Paragraph 4 sentence 2 shall apply accordingly.
(7) the net amount of the income of the comparison is damaged, that are born, for the period up to the end of the month in which it even without the injury from the labour market would be eliminated, but no longer than until the end of the month in which the damaged years of age the 65th, lump sum determined, after June 30, 1927 by the comparison income 1 married damaged at 18 per cent , the part exceeding 716 euros to 36 per cent and the part exceeding 1 790 euros to 40 per cent, 2. when unmarried damaged at 18 per cent, reduced the part exceeding 460 euro to 40 per cent and the part exceeding 1 380 EUR to 49 per cent. The rest are 50 per cent of comparison income as its net.
(8) the net income from current or former employment is calculated flat rate from current gross income by 1 gross income from current employment to that in paragraph 7 set 1 and 2 mentioned percentages reduced 1 No., 2. pensions from the statutory pension insurance and pensions due to age, pensions due to reduced earning capacity and land tax pensions be reduced according to the law on the pension of farmers to the percentage , which applies for the calculation of the contribution of the social long-term care insurance (§ 55 of the eleventh book of the social code), and around half of the reduced of the general rate of contribution of health insurance funds (§ 241 of the fifth book of the social code). the contribution rates established January 1 apply as far as each July 1st of the current calendar year to 30 June of the following calendar year, 3. other cash benefits are taken into account by service providers (article 12 of the first book of the social code) with the net and 4 other gross income the percentages referred to in paragraph 2 and in addition to 19 per cent of the amount exceeding 562 euros is reduced; Number 2 last half sentence shall apply mutatis mutandis.
In the cases of paragraph 11 the amount of average income determined under paragraph 7 takes the place of net income within the meaning of sentence 1.
(9) professional compensation is paid set 3 only pursuant to paragraph 6 in the cases of a pension reduction within the meaning of paragraph 4 If the times of the working life, in which the income was not due to the damage reduced, are covered by a statutory or an equivalent system of old-age pension.
(10) the professional compensation is calculated solely pursuant to paragraph 6, if the application is submitted after December 21, 2007 for the first time. In addition meets the competent authority the Günstigkeitsfeststellung last date pursuant to sentence 1 pursuant to paragraph 3 and thus sets the type of calculation to be applied for the future.
(11) by subsequent damage to independent agents or events, in particular through the add a fault damage to independent health gross income from current activities expected to reduced permanently (for damage), the salary of grade of the Federal salary order is considered A, which would be placed in the or the damaged without the subsequent damage instead of that income; Unemployment or Burke retirement from working life does not apply in principle as to damage. Another injury-related income loss occurs after the subsequent damage, is to reduce this average income. The or the damaged leaves, however, due to the damage to employment, the professional compensation is calculated after the paragraphs 3 to 8.
(12) retirement-eligible damaged, result in a common household with their spouse or life partner, a relative or a step - or foster child or without cause the damage would be, get professional compensation an amount equal to half of the necessary due to the consequences of damage to additional expenses in the conduct of the common budget.
(13) the basic pension because of specific professional concerned being has been enhanced, the entitlement to professional compensation in the additional amount achieved by increasing the basic State pension according to section 31, paragraph 1, sentence 1 rests. The same applies if the basic State pension has been increased after section 31, paragraph 4, sentence 2.
(14) the Federal Government is empowered to determine by decree with the consent of the Bundesrat: a) what basis for comparison and in what way she attract is for determining the loss of income, b) as the loss of income when one before completion of the education or injury suffered before the start of vocational training is to determine, c)
how the professional compensation to determine is if the damaged without the damage in addition to a professional activity had exercised more professional activities or a joint budget in the sense of paragraph 12, d) what para. 2 sentence 2 and 3 applies as a current gross income or average income within the meaning of paragraph 11 and § 64 c and what kinds of income not taken into account in determining the loss of income , e) how in special cases, the net income by way of derogation to determine sentence 1 No. 3 and 4 is from paragraph 8.
(15) it was decided before July 1, 1989 already of the right to occupational compensation for the time after being eliminated from the labour market, so it remains with regard to the question whether paragraph 4 apply set 1 or 3 is at the decision.
(16) the Federal Ministry of labour and Social Affairs is authorized to establish the principles in agreement with the Ministry of defence, and with the consent of the Federal Council by regulation, which are relevant for the assessment of injury consequences and the degree of the injury consequences in the sense of paragraph 1, as well as relevant principles and criteria for the evaluation of helplessness and the levels of care allowance according to § 35 par. 1 to prepare for the recognition of a health disorder according to § 1 paragraph 3 and the Procedures for their discovery and development to regulate.
Article 31 (1) damaged will receive a monthly basic pension at a level of injury episodes by 30 of 132 euros, 40 of 181 euros, 50 of 243 euros, 60 of 307 euros, 70 of 426 euros, 80 of 515 euros, 90 619 EUR , 100 of 693 euros.
The basic State pension increase for designated, who have reached the age of 65 with a degree of injury consequences of 50 and 60 to 27 euros from 70 and 80 to 34 euros, of 90 to 41 euro.
(2) heavy damage occurs when a degree of injury consequences of at least 50 has been established.
(3) damaged, where blindness as a result of damage is recognized, receive always the pension after a degree of injury consequences of 100th damaged eligible for a nursing allowance always apply as designated. Get at least a supply according to a degree of the consequences of damage from 50th (4) damaged with a degree of injury consequences of 100 health exceptionally affected by the accepted consequences of injury, receive a monthly Schwerstbeschädigtenzulage, provided in the following steps: 80 euro, stage II stage I 165 euros, level III 246 euro, level IV 329 euros, level V 410 euro, level VI 494 euro.
The Federal Government is authorized, with the consent of the Federal Council Ordinance to VI to specify the Group of people which is exceptionally affected by its consequences of injury, as well as its classification in stages I.
Section 32 (1) designated receive a compensation pension if she have due to their State of health or old age or any other reason for which of them not them reasonable employment not or only to a limited extent or only with above-average effort can exert.
(2) the full compensation pension is monthly at a level of the consequences of damage by 50 or 60 426 euros, 70 or 80 515 euros, from 90 619 euro 100 693 euros.
Article 33 (1) that is full compensation pensions to reduce the income attributable to such items. This is based on the gross income, to determine gradually according to the legal regulation to be adopted pursuant to paragraph 6 that a) when earnings from current employment an amount of 1.5 per cent and the remaining income an amount equivalent of 0.65 per cent of the rated amount of 29 978 euro, rounded up to full euros, remains free (allowance) and b) is entitled to only in the damaged with a degree of injury consequences of 100 compensation pension , if its income from current employment are lower than an amount by one-twelfth or its other income are lower than an amount of one-twentieth of the amount of the assessment referred to in point a, rounded up to full euro (income); This income includes also the amounts of gross income, that share the same stage with the mentioned amounts.
(2) income from current occupation within the meaning of paragraph 1 are income from a) employment within the meaning of § 19 para 1 No. 1 of the income tax Act, b) agriculture and forestry, c) commercial operation, d) self-employment as well as supply sick, sick and injured money, provided that such benefits are not sufficient after a previously-related unemployment benefit or allowance under the third book of the social code. Supply sick, sick and injured money pretax underlying calculating this performance, if necessary, by the date of adjustment on the performance increases to the percentage to the rated amount most recently pursuant to § 56 para 1 sentence 2 has been adapted is considered income from current occupation. Also parents in the sense of the Federal parental benefits and parents time act in the amount each paid, which exceeds the applicable amount pursuant to § 10 of the Federal parental benefits and parents time act money income from current employment referred to in paragraph 1. Standing for a month and paid parental benefits is in the calendar month fully to offset, in which lies the beginning of the month.
(3) the income can be numerically not determined, it is considering the overall conditions set.
(4) a care allowance received at least half of the full compensation pension recipients of a care allowance of at least level III full compensation pension, even if the care allowance is not paid pursuant to § 35 par. 4 or pursuant to section 65, subsection 1 based.
(5) the Federal Government is authorized to determine, with the consent of the Federal Council Ordinance closer a) what counts as income and what kinds of income when determining the compensation pensions are not considered, b) how is the gross income to determine.
(6) the Federal Ministry of labour and Social Affairs is authorized, with the consent of the Federal Council referred to in paragraph 1 to adopt the Decree on the income attributable to such items. The amounts to be settled are to specify in a table that is structured for damaged with a degree of injury consequences from 100 to 200 steps; the determined values also apply to the other Beschädigtengruppen. Of the amount, up to the individual level, is to determine by the number of stages with the two hundredth part of to the allowance (paragraph 1 letter a) reduced amount referred to in paragraph 1 letter b multiplied and the allowance added to the product rounded to full euro is. The amount of income attributable to associated with each stage is to determine, by the respective number of stages with the two hundredth part of the amount of the full compensation pension for damaged with a degree of injury episodes by 100 multiplied and rounded off the product to full euro. Under the Ordinance can certainly also more information on the application of the table and the respective amounts to the compensation pension can be specified.
§ 33a (1) designated receive a supplement for the spouses or life partners of 77 euros each month. Awarded designated, which marriage or civil partnership has been dissolved or annulled if they provide in the home for a child within the meaning of § 33 para 1 sentence 1 and the provisions of paragraphs 2 to 4. Entitled to no compensation pension shall apply article 33 according to with the following conditions: a) is attributable to such items of income only to the extent taken into account, as it has not led to the Elimination of compensation pension.
b) section 33, subsection 1, sentence 2 point (b) shall not apply.
(2) all recipients of a care allowance will receive the full contract, even if the care allowance is not paid pursuant to § 35 paragraph 4 or article 65, paragraph 1 rests.
§ 33 b (1) designated receive a child benefit for each child. This does not apply if for the same child claim child benefit or services within the meaning of § 4 para 1 sentence 1 No. 1 of the federal child benefit Act or pursuant to the income tax Act, a child allowance is entitled to.
(2) children are also the "stepchildren" included in the budget of the damaged or children of the spouse. Children who are taken with the aim of adoption as a child in the care of, and for which the parental consent required to adopt is granted, are considered children of the acceptor and not more than children of biological parents.
(3) meet several damaged for the same child the requirements of paragraphs 1 and 2, the child benefit only once to grant. The one who primarily maintains the child is eligible. Maintains § 3 par. 2 of the federal child benefit Act none the damaged that child will predominantly, applied.
(4) the child benefit is granted up to the age of 18 years. He is to grant after completion of the 18th year of life for a child in the same way, the 1 still has not the age 21, is not in an employment relationship and is registered with an employment agency in Germany as a student, 2 still has not the age 27 and a.)
located in a school or vocational training, which mainly takes his labour and not the payment of emoluments, associated remuneration or other benefits in the appropriate amount, or b) between two training sections or between a training section and the completion of the statutory military or civilian service, is in a transition period of usually no more than seven months, a military or civilian service equal service or the completion of a voluntary service within the meaning of the letter d is , or c) a vocational training due to lack of training space can not begin or continue or d) a voluntary social year or a voluntary ecological year within the meaning of the Youth Act of willing to or a voluntary service within the meaning of decision No. 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the Community action programme "youth" (OJ OJ L 117 of the concerning, p. 1) or another service abroad within the meaning of § 14 b of the Civil Service Act or a development volunteers service "weltwärts" on the directive of the Federal Ministry for economic cooperation and development by August 1, 2007 (BAnz. 2008 S. 1297) or paragraph 1a of the seventh book of the social code provides a voluntary service of all generations according to § 2 or 3 because of physical, mental or psychological disability no later than at the age of 27 is unable , to maintain, as long as this condition takes over the age of 27, but only, if his spouse or life partner is unable to maintain it.
In the application of sentence 1, para 2 is set 2 and 3 of the federal child benefit act according to § 32 para 4 sentence 2 and 3 of the income tax act or § 2. Had a child who was physically, mentally or emotionally disabled at age of 27, after that date an employment exercised, so the child benefit is to renew, if and as long as it is unable again because of the same physical or mental illness, to entertain themselves. In case of interruption or delay of the school or vocational training by fulfillment of statutory military or civilian service duty of a child within the meaning of sentence 2, letter a is the child benefit for one time of this service to provide corresponding period over the 27 years. Set 5 is considered period, for the duration of the domestic statutory military service accordingly for on the basic military service attributable to military service, a soldier on the basis of voluntary commitment for a service period of not more than three years has made, as well as for the activity liberating of the military and civil service development aid within the meaning of § 1 para 1 of the Peace Corps Act for the duration of the service or activity , also considered for recognised conscientious objectors for the duration of the domestic legal civil service over the age of 21 or 27. Provided the legal basic military service or alternative civilian service in a Member State of the European Union or a State to which the agreement on the European economic area shall apply, the duration of that service is decisive. Section 2, paragraph 2, sentence 2 to 7 of the federal child benefit Act shall apply mutatis mutandis. The school or vocational training from a reason of the corrupted nor the child have to represent, delayed the child benefit according to the period of the proven delay is granted longer.
(5) the child benefit is to grant in the amount of the statutory childcare. The surcharge is children grants or similar services, which are paid for the child or to grant are to cut back. Entitled to no compensation pension and no extra charge according to § 33a, so § 33 shall apply mutatis mutandis subject to the following proviso: a) is attributable to such items of income only to the extent taken into account, as it not already has resulted in the Elimination of compensation pension and the surcharge according to § 33a.
b) section 33, subsection 1, sentence 2 point (b) shall not apply.
Be granted Kinderzuschläge for multiple children, that is according to set according to the relation to split income attributable to a 3 letter, in which are the sums of the individual Kinderzuschläge to each other.
(6) when a care allowance recipients, rests even if the care allowance pursuant to § 35 paragraph 4 is not paid, or according to article 65, paragraph 1, sentence 2 and 3 does not apply to paragraph 5. For each child, stands for the referred to in paragraph 1 no child benefit for them, they get a surcharge in the amount of the statutory childcare that is intended for the first child.
(7) the representation in the personal affairs of the child entitled to the undamaged, the legal representative of the child may request the payment of the Kinderzuschlags itself. The child is an adult, it may themselves request the payment.
Footnote § 33 paragraph 6 sentence 2 in conjunction with section 2: in accordance with the formula in the decision with the GG compatible gem. BVerfGE v. 28.6.1983 I 951-1 BvL 20/79 - article 34 (1) the compensation pension is for designated before the age of 14 up to 30 per cent before the age of 18 living up to 50 per cent of sentences of § 32 para 2; It is on the full set to increase when the designated must earn his living alone.
(2) compensation pension is only to the extent, as this is justified according to the economic conditions of the damaged and his dependent relatives. Apprentice compensation up to 77 Euro per month is ignored.
Care allowance section 35 (1) as long as damaged as a result of the injury are helpless, a care allowance is paid monthly from 293 euro (level I). Damaged are helpless in the sense of sentence 1, if they require constantly for a number of common and recurring transactions to ensure their personal existence in the end of each day of outside help. These conditions are also met, if the aid in the form of a monitoring or guide to the tasks referred to in sentence 2 is necessary or if the help needs to be done but not all the time, but a constant readiness to the assistance is required. The disorder is so hard that it requires continuous bedside or keep extraordinary care, the care allowance is depending on the position of the case, taking into account the scope of the necessary maintenance on 500, 711, 912, increase 1 185 or 1 457 euros (stages II, III, IV, V and VI). The principles established in the regulation to § 30 paragraph 17 are decisive for the determination of helplessness and the levels of care allowance. Blind will receive at least the care allowance after stage III. Hirnbeschädigte with a degree of injury consequences of 100 a care allowance at least to level I. (2) foreign aid in the sense of paragraph 1 by a third party on the basis of an employment contract and the for reasonable costs exceed the amount of the flat-rate allowance of care referred to in paragraph 1, the maintenance allowance to the exceeding amount is increased. Corrupted live with their spouses, life partners, or one parent in the household, the care allowance is to increase, that they have to pay only a quarter of them reasonable costs from the flat-rate allowance of care and left them at least half of the flat-rate allowance of care. In exceptional cases, the remainder can be increased up to the full amount of the flat-rate allowance of care if spouse, life partner or a parent care allowance recipients provide additional assistance at least the level of V in addition to the third party to an extraordinary extent. Costs temporarily for foreign aid, in particular as a result of disease of the caregiver, the care allowance for each no more than six weeks over sentence 2 is beyond that to increase, that the flat-rate care allowance at the same level as before the temporary emergence of costs remains the damaged. Sentences 2 and 3 do not apply if the spouse, life partner or parent does not only temporarily not care services; section 40a (3) sentence 3 shall apply.
(3) during a hospitalization the care allowance is paid the remaining recipients 1 and 2 receivers pursuant to paragraphs of nursing allowance according to the levels I and II until the end of the first of care allowance of up to the recording following the expiration of the twelfth calendar month.
(4) beyond the date specified in paragraph 3 the care allowance is paid only during a hospitalization until the end of the calendar month before the dismissal, as far as this is determined in the following sentences. Damaged one-quarter of the flat-rate allowance of care received pursuant to paragraph 1, if the spouse, life partner or the parent has detected at least a part of the maintenance until the beginning of the inpatient treatment. In addition further paid the care allowance in the amount of the costs resulting from a maintenance contract, unless the costs could have been avoided by a behavior zuzumutendes the damaged at all things considered, in particular through termination of the maintenance agreement of. A care allowance recipients receive at least to level III, as far as greater participation free of charge day care person is medically necessary up to the beginning of the inpatient treatment, exceptionally different from sentence 2 care allowance up to the full amount pursuant to paragraph 1, in cases of the set of 3 but not referred to in paragraph 2, sentence 2 of the flat-rate care allowance remaining amount also.
(5) occurs helplessness in the meaning of paragraph 1 sentence 1 simultaneously with the need for inpatient treatment or during a hospitalization, not entitled to maintenance allowance is for the period prior to the month of release. For this time, a care allowance is paid, unless it is determined in the following sentences. Damaged, who live with their spouses, life partners, or a parent in domestic community, receive an allowance equal to one quarter of the flat-rate allowance of care level I. As far as greater involvement of spouse, life partner or a parent or the participation of a person standing near the damaged, is medically necessary to care, a care allowance can in exceptional cases to be paid to the amount of the flat-rate care allowance after stage I.
(6) for damaged, requiring ongoing care in the sense of paragraph 1 as a result of the damage, the costs of not only temporary residential care, so far as they include accommodation, food and care including necessary care, applied if appropriate care otherwise cannot be ensured, taking into account on the pensions. However an amount of damaged tight round pension is to leave the damaged by their pensions to pay for the medical of needs of the other after a degree of injury consequences of 100 and the members an amount at least equivalent of the survivor's salary, which would be entitled to them if damaged would have died from the effects of the injury. In the calculation of the remuneration of members of the income of a damaged is taken into account, as far as it is not exceptionally to use for other purposes, in particular the fulfilment of other obligations of.
Funeral money § 36 (1) the death of a pensioner damaged will be granted a burial money. There is 1 674 euros, when death is the result of damage, otherwise 838 euro. Death always applies as a result of damage if a damaged disease dies, that as a result of damage to legally recognized and for at the time of the death pension was recognized to him.
(2) from the funeral money, initially disputed the cost of the funeral and paid to the, which has worried the burial. The same applies if the cost of burial from the public purse are disputed. Remains a surplus, so the spouse, life partner, children, parents, the stepparents, foster parents, grandchildren, grandparents, siblings and the siblings may reference one at a time if they have lived with the deceased at the time of the death in the same household. Absent such legitimate, so the surplus will not be paid out.
(3) a pension unauthorized damaged dies of damage, a burial allowance is to pay up to 1 674 euros, as far as the funeral costs are incurred.
(Power to grant 4) an on the basis of other legal regulations for the same purpose is to offset against the burial money.
(5) a damaged dies of damage outside the place of permanent residence, the necessary costs for the transfer of the body are to refund, which she has done. This does not apply if the death occurred during a stay abroad, however, aid may be granted.
(6) a damaged does not die during a stationary treatment carried out according to the provisions of this Act on the consequences of damage, the costs of the transfer of the corpse are after the former home of the deceased refund, which she has done.
Death money § 37 (1) on the death of a damaged is to pay a death benefit in the amount of three times of the pensions that were to him for the month of death according to the sections 30 to 33, 34 and 35. A maximum after level II. reductions of applicable pursuant to sentence 1 emoluments which are dictated by benefits within the meaning of § 60a, section 4, as well as increases this remuneration, based on reductions in income as a result of death, be disregarded care allowance.
(2) the spouse, life partner, children, parents, the stepparents, foster parents, grandchildren, grandparents, siblings and the siblings are the entitled in the following precedence if they have lived with the deceased at the time of the death in the household. Has lived the deceased with none of these persons in household, the death benefit in the above ranking is pay, which the deceased has entertained.
(3) beneficiary within the meaning of paragraph 2 does not exist, the death benefit may be paid where, who has borne the cost of the last illness or burial or maintained the deceased until his death.
Survivor's pension section 38 (1) a damaged died of the consequences of damage, so the survivors have the widow, life partner, the orphans, and the relatives in the ascending line are entitled to survivor's pension. Death always applies as a result of damage if a damaged disease dies, that as a result of damage to legally recognized and for at the time of the death pension was recognized to him.
(2) the widow or the surviving spouse are not entitled, if the marriage or partnership only after the damage has been closed and took at least a year, except that according to the particular circumstances of the case the assumption not justified is that it was the sole or predominant purpose of marriage or establishing the life partnership, the widow or the survivors to give life partner a supply.
(3) a surviving spouse is not entitled to supply, if a widow, who was married at the time of death with the damaged, is entitled to a widow's supply.
§ 39 - section 40 the widow or the surviving life partner receives a basic pension of 417 euros monthly.
section 40a (1) widows or survivors life partner, whose earning is less than half of the income that would have made the husband or the deceased partners without damage, get a compensation in the amount of 42.5 per cent of the established, rounded to full euro difference (paragraph 2) or, if this is favourable, a compensation pursuant to paragraph 4. A compensation is only be granted if the widow or the surviving meets the conditions of § 41 para 1 sentence 1 life partner. § 41 para 1 sentence 2 shall apply accordingly.
(2) for determining the compensation is from the widow or life partner scored the bereaved gross income plus the basic pension (§ 40), of care compensation (§ 40 b) and the compensation pensions (§ 41 or §§ 32 and 33) of half of the comparison income calculated according to § 30 para 5 of the salary of grade of the Federal salary regulation A, of the deceased without the damage likely would be assigned to after his life circumstances, knowledge and skills , to face.
(3) had the deceased at the time of his death are entitled to the basic pension of a damaged with a degree which so is injury consequences of 100 and a care allowance at least to level III not only temporary helplessness (§ 35) or corresponding services after previous supply regulations, if it is cheaper to use half of the comparison income calculated according to § 30 para 5 of the final basic salary of grade A 14 plus the family allowance after stage 1 of the federal salaries Act by way of derogation from paragraph 2. The same applies if the deceased could make only so not this claim, because he had his domicile or habitual residence in the field referred to in article 3 of the Unification Treaty before January 1, 1991. A period of more than six months is considered to be not only temporarily. A compensation calculated pursuant to sentence 1 is also paid if the conditions are fulfilled pursuant to paragraph 1 sentence 1 does not.
(4) of paragraph 1 sentence 1 last part of the sentence to paying compensation amounts to 30 per cent of the income of the comparison according to § 30 para 5 minus the net income of the widow or the surviving spouse, as well as the basic pension (§ 40), of care compensation (§ 40 b) and the compensation pensions (§ 41 or §§ 32 and 33). It determines the net incomes in corresponding application of § 30 paragraph 8, sentence 1.
(5) the compensation is calculated solely pursuant to paragraph 4, if the application is submitted after December 21, 2007 for the first time. The applicability of paragraph 3 remains unaffected. In addition meets the competent authority the Günstigkeitsfeststellung 1 set 1 last date pursuant to sentence 1 after paragraph and thus sets the type of calculation to future.
(6) § 30 paragraph 14 shall apply accordingly.
Footnote § 40a para 1: in accordance with the decision formula with GG incompatible gem. BVerfGE v. 9.11.2004, 2005 I 1047-1 BvR 684 / 98 - article 40 b
(1) the widow or the surviving spouse of a damaged, was helpless in the sense of § 35 par. 1, receives care compensation if she has more than 10 years maintained the damaged during their marriage or partnership. The calendar month in which the damaged during the marriage or partnership as a result of damage in at least one of the level II was helpless in the sense of § 35 par. 1 corresponding scope or the damaged as a result of damage was blind count as care time. Calendar months in which the wife or life partner free of charge has made the care, are not counted. This also applies to calendar months, in which more than just minor part of the care of third parties is provided, it is because these maintenance activities each no longer than three months took third. Such total nursing time is rounded up to full years.
(2) the maintenance compensation amounts for every year of beyond 10 years maintenance time 0.5 per cent of the amount of force in the beginning of the performance the care allowance level, after which the damaged each was entitled to maintenance allowance or that according to article 35, paragraph 1 would have been the extent of his helplessness. When changing the care allowance level one-twelfth of the amount used for each calendar month pursuant to sentence 1. The nursing compensation annually with the in section 56, subsection 1, sentence 1 pursuant to sentence 1 and 2, insofar as the year 2000 is concerned, with the in § 56 para 3 percentage specific adapted; While section 15 set 2 is second half-sentence, apply mutatis mutandis.
(3) paragraphs 1 and 2 shall apply mutatis mutandis to the parent within the meaning of article 35, paragraph 2.
(4) a care compensate for less than 10 euros results monthly, is increased to that amount.
(5) as from 1 January 1991 set 3 in accordance with the applicable in this area amount of maintenance allowance level is calculated in the area referred to in article 3 of the Unification Treaty care compensation according to the paragraphs 1 to 3 by way of derogation from the rule of paragraph 2, after the damaged each was entitled to maintenance allowance or that according to article 35, paragraph 1 would have been the extent of his helplessness; While section 15 set 2 is second half-sentence, apply mutatis mutandis. Once to apply in the area referred to in article 3 of the Unification Treaty article 56, sentence 1 is no longer to apply.
§ 41 (1) compensation pension receive widows or survivors life partner, the a) not only temporarily at least half their earning capacity lost due to illness or other infirmity or b) the age limit for the big widow's or widower's pension have achieved book social law after the sixth or c) for at least one child of the deceased within the meaning of § 33 para 2 or a child care , this is an orphan's pension under this Act or under laws which provide for an appropriate application of this law, or until the age of retirement or up to his marriage or a life partnership orphan after one of these laws or has obtained after previous supply legislation.
Compensation pension may also be granted if a widow or a surviving the exercise of gainful employment is not possible reasons compelling life partner from other. In the case of the set, 1(a) shall apply section 29 according to.
(2) the full compensation pension of the widow or the bereaved spouse is 459 euro monthly.
(3) the full compensation pension is to reduce the income attributable to such items. This is based on the gross income, to determine gradually according to the legal regulation to be adopted pursuant to sentence 4 in conjunction with article 33, paragraph 6 that 1 when earnings from current employment a an amount of 1,1583 per cent, as well as in the other income amount of 0,4325 per cent of the amount of tax (§ 33 para 1 letter a), rounded up to full euro , remains free (allowance) and 2nd when earnings from the level 10 at the amount up to which the individual level enough and the single spacing between the amounts of income attributable to match 0 according to § 33 par. 6 level with the corresponding values of the Legislative Decree.
At the meeting of income from current employment with other income the figures of two, separately calculated for each income group levels are added together and the sum from 1 April 1990 to 30 June 1990 to 8, from 1 July 1990 to 30 June 1991 to 6 and from 1 July 1991 to 30 June 1992 to 3, but not exceeding the lower of the two numbers of levels , diminished. § 33 para 2, 3, 5 and 6 shall apply mutatis mutandis.
Footnote § 41 para 1 sentence 1 lit. c in accordance with the decision formula with GG incompatible gem. BVerfGE v. 9.11.2004, 2005 I the former spouse is 1047-1 BvR 684/98 - section 42 (1) In the case of divorce or annulment of the marriage or the suspension of the partnership or spouse of the deceased of a widow or a bereaved alike, if the deceased had to make his death maintenance after marriage - or family law rules or for any other reason at the time or in the last year before his death has made life partner. A supply is only as long as the former spouse or life partner after the marriage - or family law provisions would have been entitled or would have otherwise received maintenance allowance. Has a maintenance obligation is not passed war - or military-related reasons, this is ignored. Is that divorced before in connection with health disorders of the deceased, was the result of damage in the sense of § 1, repealed or annulled or dissolved the partnership for the same reason has been, as the former spouse or life partner without the prerequisites of sentence 1 of a widow or a survivors is equal life partner.
(2) the same applies if the conjugal community was lifted at the death of the damaged.
Section 43 of the widower receives supplies such as a widow.
Section 44 (1) in the case of remarriage or a life partnership receives the widow, or in the case of marriage or a new life partnership the surviving life partner instead of entitlement to pension receives a severance payment in the amount of Fünfzigfachen the monthly basic pension. The compensation is also payable if at the time of remarriage or the grounds of the new partnership of life due to lack of application was not entitled to a pension.
(2) is the new marriage dissolved or annulled or repealed the new partnership or resolved, so the right to widow supply reappears.
(3), the marriage has been dissolved 50 months after remarriage or declared null and void or the partnership dissolved during this period or been lifted to one-fiftieth of the severance payment (paragraph 1) is on until the end of this period for each month to calculate the widow's pension.
(4) the widow supply begins with the month in which it is, but not before sought with on the day of the dissolution or annulment of the marriage or month following termination or dissolution of the partnership. This is the day on which the judgment or the administrative act has become final, divorce or annulment of the marriage or the suspension of the partnership.
(5) supply, pension or maintenance claims that derive from the new marriage or civil partnership, are attributable to the widow's pension (paragraph 2), insofar as they are to realize, have led not to the reduction of other wiederaufgelebter public services and are not redirected over the cost of the Kriegsopferversorgung. The imputation of a supply under this Act on an wiederaufgelebte performance, also based on this law, going on an other credits; the same applies if the supply or the performance of wiederaufgelebte based on a law that explains this law for according to applicable. The widow or the surviving waived life partner without understanding why a claim within the meaning of sentence 1, the charge shall be attributable to, the former spouse or life partner would have without the waiver.
(6) has taken no widow's pension a widow or the surviving spouse under this Act and the former spouse or life partner died of the consequences of injury (§ 1), so the paragraphs 2, 4 and 5 apply accordingly find, if she had a right to supply without the remarriage or justification of a new partnership.
§ 45 will receive (1) orphan's pension after the death of the damaged his children up to the age of 18.
(2) when children are also 1. stepchildren or children of the spouse, the deceased had included in its budget, 2 foster children within the meaning of § 2 para 1 sentence 1 No. 2 of the federal child benefit Act, as well as 3 (dropped out) (3) which is orphan after completion of the 18th year of life for an orphan to grant, the a) located in a school or vocational training that mostly take their labor and not with the payment of emoluments , Remuneration or other benefits in the corresponding amount is connected at the latest up to the age of 27, b)
between two training sections or between a training section and the completion of the statutory military or civilian service, is in a transition period of usually no more than seven months, the military or civilian service equal service or the completion of a voluntary service within the meaning of the letter c is, at the most until the age of 27 years, c) a voluntary social year or a voluntary ecological year within the meaning of the youth voluntary service act or a voluntary service within the meaning of decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the Community action programme "Youth" (OJ L 117 of the concerning, p. 1) or another service abroad within the meaning of § 14 b of the Civil Service Act or a development volunteers service "weltwärts" on the directive of the Federal Ministry for economic cooperation and development by August 1, 2007 (BAnz. 2008 S. 1297) or any voluntary service of all generations according to § 2 paragraph 1a of the seventh book of the social code provides maximum up to the age of 27 years , d) as a result of physical, mental or psychological disability no later than completion of the 27th year is unable to talk, as long as this condition takes over the age of 27, but only, if your spouse or life partner is unable to entertain them.
Irrelevant for times in which the training contract despite disease continues and are expected can the actual time required schooling and vocational training that the training will continue. This also applies to the duration of the protection periods under the maternity protection act. To be entitled to orphan's pension, it is harmless, if an orphan, which meets the requirements of section 1 of the Federal parents money Act, looking after a child in the time-frame of section 15 of the Federal parents money Act and educates while considering this school or vocational training is interrupted. Had an orphan who was physically or mentally frail at age of 27 years, exercised a gainful employment after that date, the orphan's pension is to provide, if and as long as she is unable again due to same physical, intellectual or mental disability, to entertain themselves. The orphan's pension is provided also again, if with orphans, which entitled to apply, because of the use of assets, this asset is exhausted an amount in the Skåne amount pursuant to Article 25f para 2. In cases of the set 1(a) increases the applicable age limit for interruption or delay the education or vocational training through statutory military service, civil service, or similar service around the time of this service at most for a period corresponding to the duration of statutory military service or civilian service. The completion of a voluntary social or ecological year or a voluntary service within the meaning of sentence 1 letter c is no equal service within the meaning of the sentence 7 delayed the school or vocational training for a reason that is not responsible the orphan, the orphan's pension corresponding to the period of the proven delay is granted longer.
(4) by adopting an orphan as a child entitled to orphan's pension, which occurred until the adoption is not affected.
(5) several orphan pensions come for same orphan after this Act or laws, which provide for an appropriate application of this law, consider, so only a pension is granted.
Section 46 the basic pension is monthly at orphans 117 euros, with orphans 220 euro.
Section 47 (1) the full compensation pension is monthly at orphans 206 euros, with orphans 287 euro.
(2) § 33 sentence shall apply with the exception of paragraph 1, 2 (b) and paragraph 4 according to.
Section 48 (1) a pension beneficiary is not dead damaged from the effects of the injury, so is the widow, the bereaved pay a widow and orphan aid life partner and orphans (article 45), when the damaged by the consequences of the damage was prevented from exercising appropriate gainful employment, and as a result the widow supply inferred from the marriage with the damaged at least to the following percentage is reduced : Height of the derived widow supply total in per cent a twelfth of the referred to in article 33, paragraph 1 letter a calculation amount reduction of at least 36 and more 15 per cent 34-36, 14 per cent 32 to 34 among 13 per cent 30 to under 32 12 per cent 28-30 11 per cent below 28 10 per cent
The amount of the widow's supply and the amount of the reduction are to determine, taking into account the pension insurance relating to the deduction of own income of the widow or the surviving spouse. The applicable according to the table percentage of reduction is to refer, which itself would be without the reduction within the meaning of sentence 1 and without the deduction of own income of the widow to widow supply. No widow's pension is paid, is to calculate a fictitious widow's pension and then determine the extent of the reduction. The prerequisites of sentence 1 shall be deemed, if the damaged at the time of his death was entitled to a nursing allowance entitlement to the basic State pension of a damaged with a degree of injury consequences of 100 or because of not only temporary helplessness; section 40a (3) sentence 3 shall apply. The prerequisites of sentence 1 are also considered satisfied if the damaged at least five years was entitled to professional compensation due to a loss of income within the meaning of § 30 paragraph 4 or on professional compensation according to § 30 para 6.
(2) the widow and orphan aid are amounting to two-thirds, for widows, surviving spouse and orphans from damaged with entitlement to the basic State pension of a damaged with a degree of injury consequences of 100 or to a care allowance in the full amount of the corresponding widow's or orphan's pension (articles 40, 40a, 41, 46 and 47) paid. Exceeds the monthly gross income of the bereaved from damaged, which had at the time of death entitled to pension after a degree of injury episodes from 30 to 90, the widow or the bereaved life partner one twelfth, in the orphan a twenty at the orphaned a Achtzehntel of in article 33, paragraph 1 letter a above rated amount, is the aid to be granted to trim the excess. no payment amount, calculated the claim attributable to supply.
(3) in the case of remarriage or a life partnership of the widow, or in the case of marriage or a new life partnership of the bereaved spouse applies section 44 according to. As a compensation of fifty times monthly amount of the basic pension for a widow is granted if widow aid is involved in the amount of the full pension, otherwise two thirds of this amount will be granted.
(4) paragraphs 1 to 3 shall apply to widowers.
(5) the provisions apply for the removal of the orphan aid to the orphan's pension.
(6) paragraphs 1 to 5 shall apply mutatis mutandis if the damaged could make only so not the claim, because he had his domicile or habitual residence in the field referred to in article 3 of the Unification Treaty before January 1, 1991.
§ 48a par. 1, article 43 and article 48 par. 4 of from 1 January 1986 to amended apply only when the damaged died after 31 December 1985 (1), section 42.
(2) apply § 42 para 1, § 43 and section 48 paragraph 4 in the version applicable up to 31 December 1985 with regard to the conditions of eligibility for the survivor's pension, if the damaged died before January 1, 1986.
Section 49 (1) of the corrupted is died from the effects of an injury, so the parents parent pension, get at the earliest however by the month in which the damaged would have reached age 18.
(2) 1. adoptive parents, 2 step - and foster parents, 3. grandparents provided equal the parents if they have taken the dead before the injury as a child if they have have the deceased before the damage free of charge, if the deceased has made them keep or would have.
§ 50 parents pension receives, who is fully incapacitated for work or incapacity for work within the meaning of the sixth book of the social code or for other compelling reasons cannot exercise a reasonable employment or completed the 60th year of life.
Article 51 (1) the full parents pension is monthly with a pair of parents 564 euros at a parent 393 euro.
(2) are several children died from the effects of an injury, the amounts referred to in paragraph 1 for each additional child increased monthly in one pair of parents to 103 euro, for a parent to 77 euros.
(The increase is also granted for children, the a) died as a result of damage in the meaning of laws, which provide for an appropriate application of this law, or b) as a result of damage in the meaning of this Act or laws, which provide for an appropriate application of this law, are lost.
(3) is the only or the last child or all or at least three children died from the effects of damage, so the amounts referred to in paragraph 1 each month in one pair of parents to 320 euros, for a parent to 232 euro increase, if it's cheaper.
Paragraph 2 sentence 2 shall apply accordingly.
(4) section 41 paragraph 3 shall apply mutatis mutandis with the proviso that such income is always to determine, as if the income was not a part of the income from current activities (§ 33 para 2); It is on the increase according to paragraph 2 or 3 only to the extent to be, as it not already has led to the disappearance of the parents pension.
(5) only is a partner of a married couple or a partnership entitled, the parent pension for a pair of parents is to reduce the attributable to earnings of both partners; the pension but must not exceed the full pension for a parent including the increases referred to in paragraph 2 and 3.
(6) pensions of less than 3 euros arise every month, so it will be increased to this amount.
(7) in the sense of paragraphs 2 and 3 also stepchildren and foster children are considered children. Whether the child died from the effects of damage is the only or the last child, depends on the circumstances at the time of the loss of the child.
(8) several pensions of parents come for a couple of parents or a parent to this Act or laws, which provide for an appropriate application of this Act, in consideration, so only the more favourable pension is granted.
(9) a spouse dies in recipients of parent pension for a couple or partner, is to continue to pay for the month of death related to parents pension for one parent instead of the pension for a parent for the following three months the surviving spouse or life partner, if this is more favourable. Reductions in the applicable pursuant to sentence 1 pension for a couple, which are dictated by benefits within the meaning of § 60a 4, as well as increases this remuneration, based on reductions in income as a result of death, be disregarded.
Article 52 (1) is a person, supply would be entitled to survivors, lost so this supply even before the Declaration of death is granted when the life of the missing likely to accept. It turns out that the missing still alive, so services apply pursuant to sentence 1, as well as to meet its legal obligation to pay maintenance grants; He is from the time obliged to replace according to the regulations on conducting business without order, from which he has not fulfilled his statutory maintenance obligations out of him for reasons beyond its control. Further claims shall remain unaffected.
(2) a child is not entitled to pension, the mother's husband was lost during the period of conception.
Funeral money at the death of surviving article 53 with the death of pensioner families is granted a funeral allowance in accordance with the provisions of section 36. It is the death of a widow or the survivors spouse, at least a waisenrenten - or orphan aid legitimate child leave, 1 674 euros, in all other cases 838 euro.
§ 53a (1) pensioner damaged and bereaved families, who have a claim for medical or hospital treatment and who are insured with a private insurance company or for a maintenance fund pursuant to section 20 para 3 of the eleventh book of the social code contributions to the long-term care insurance will be refunded the contribution to the long-term care insurance.
(2) the amount of the refund may not exceed the amount referred to in paragraph 1, arising on the basis of the contribution rate according to § 55 paragraph 1 of the eleventh book the social law at damaged the compensation pension, the spousal surcharge and the professional compensation, to survivors of all pension benefits under this Act.
(3) paragraph 6 and 7 of the eleventh book of the social code shall apply mutatis mutandis paragraph 61.
Event of overlapping section 54 (1) is an accident within the meaning of the statutory accident insurance damage in the meaning of article 1 at the same time, so only claim under this Act. This does not apply where the harmful event occurred before January 1, 1942 or after May 8, 1945.
(2) persons, where an injury within the meaning of paragraph 1 as a result of recourse to forced labour in the period from 8 May 1945 to October 5, 1955 in the acceding territory has been created, as well as their surviving dependants have no claim under this Act. You are entitled to benefits of the statutory accident insurance; pursuant to sentence 1, the activity is considered insured activity. Sentences 1 and 2 shall not apply to persons who have taken their habitual residence prior to May 19, 1990 in the former area of application of this Act.
Section 55 (1) come together under this Act a) is a Beschädigtenrente with a widow's or orphan's pension, to grant more favourable compensation pension, in addition to the basic pensions b) a professional compensation with a compensation is taken into account, the professional compensation in determining the compensation as income c) compensation pensions, the spousal surcharge, the professional compensation and the compensation in determining the parents pension income are taken into account a Beschädigten - or widow's pension with a right to parent pension,.
1(a) is the widow's compensation pension rate to grant, the compensation pensions only with the amount that is payable without meeting together as Beschädigtenausgleichsrente, to the current gross income counts when determining the professional compensation. The same applies when services meet pursuant to sentences 1 and 2 with corresponding benefits under other laws, which provide for an appropriate application of this law.
(2) paragraph 1 applies to widows or orphan aid accordingly.
Adjustment of pensions article 56 (1) services for the blind (§ 14), the standard amount as a replacement for clothes and lingerie wear (section 15), basic pensions and the Schwerstbeschädigtenzulage (§ 31 para. 1 and 5, paragraphs 40 and 46), the compensation and pensions of parents (§§ 32, 41, 47 and 51), the spouse supplement (§ 33a), the care allowance (section 35) and the burial money (articles 36, 53) be adjusted respectively according to the percentage to change the pensions of the statutory pension insurance. The tax amount is at the same time (§ 33 par. 1) according to the percentage adjusted to the gross wages and salaries per employee in the calendar year preceding the adjustment compared with the previous year; changed you will consider relevant data for determining the current value of pension in the statutory pension insurance.
(2) the Federal Government has the Ordinance with the consent of the Federal Council in sections 14, 15, 31 paragraph 1 and 4, 32, 33 ABS 1, 33a, 35, 36, 40, 41, 46, 47, 51 and 53 specific amounts according to paragraph 1 each at the same time to the pensions of the statutory pension insurance are adapted to change. This section 15, the mentioned amounts by multiplying the lowest and the highest score with the multiplier are to identify. That pursuant to sentence 1 and 2 resulting amounts are rounded up to 0.49 euros to full and to rounded EUR 0.50 to EUR full. The multiplier is exception from this rule in article 15 to 3 decimal places after the comma to round.
(3) & (4) (dropped out) (dropped out) start sections 57 to 59, change and cessation of supply are section 60 (1) starting Beschädigtenversorgung with the month in which their requirements met, at the earliest with the month of application. The supply is also for periods preceding the application if the application is submitted within one year after the occurrence of damage. The damaged without his fault was prevented on the submission of this period is extended by the period of prevention. No supply is for periods preceding the month of the release from captivity or from foreign custody.
(2) paragraph 1 sentence 1 shall apply accordingly if a higher power is sought; the damaged was prevented on the submission, but through no fault of his higher performance begins with the month after the prevention is demonstrated, if the request is made within six months after removal of impediment arose. The performance begins with the month in which the requirements are met, if the application is submitted the notification of the change within six months after the occurrence of the change or receipt but due to a reduction of income or because of an increase in the damage-related expenses regardless of the month of application. The time of access shall be demonstrated by the applicant. Entitled to professional compensation (§ 30 para 3 or 6) due to an increase of the comparison income within the meaning of § 30 para 5, to sentence 2 shall apply accordingly, if the request is made within six months.
(3) the performance is determined by virtue, begin with the month in which the claim a service center of the Kriegsopferversorgung facts are known. Is the higher performance through a change of in marital status, which requires to consider children or reaching a certain age, it begins with the month in which the event occurred; the same applies if a higher professional compensation (§ 30 para 3 or 6) is based on a modification of the comparison income within the meaning of § 30 para 5.
(4) a reduction or removal of the services occurs at the end of the month in which the conditions for granting have disappeared. A reduction due to improvement of health status or removal of the services occurs at the end of the month following the announcement of the ruling, speaking from the change. The reduction or withdrawal of benefits, the amount of which depends on the income, based on an increase of that income, so the reduction or removal of the month occurs, in which the income has increased.
§ 60a (1) which is compensation pension (articles 32, 33, 41 and 47) to determine definitively at monthly fixed income. In the remaining cases is provisionally set the compensation pension according to the income circumstances known at the time of permit issuance and to determine each subsequently permanently.
(2) monthly fixed income is income, where a certain monthly amount arising from law, collective, labour or other contract.
(3) the provisionally paid compensation pension is higher than the final identified, considered only the 3 euro monthly excess amount overpaid.
(4) extra services, such as Christmas bonuses, 13th month salaries and success fees, are to consider income in the months in which they are paid.
(5) paragraphs 1 to 4 shall apply mutatis mutandis for the assessment of all ongoing pension payments, the amount of which depends on the income, unless otherwise provided by this law. Paragraph 3 is at the meeting of several provisionally paid benefits so to apply, that the totals to face each other are.
§ 60 with the following provisions according to § 61 for the survivor applies: a) provided the initial application before the expiry of one year after the death, the supply starts runs with the month following the month of death.
(b) in the place of the professional compensation according to § 30 para 3 or 6, the compensation occurs in widows after § 40a.
(c) the death of the father or the mother is located at orphans the change of in marital status.
Section 62 (1) an of the income is influenced performance to determine, not new as long as gross income since determining last this performance overall by less than 5 euros per month increased or diminished the comparison income within the meaning of § 30 para 5 total to less than $5 per month, unless, of course, that a revision of one of these services on the other occasion is necessary.
(2) the degree of the injury consequences of pension-entitled damaged must not be set lower before two years after notification of the assessment decision. A significant and sustainable improvement of the injury-related health condition has been achieved through treatment so reduction may be earlier, at the earliest after expiry of one year after this treatment.
(3) if beneficiaries have reached the 55 age, the degree of the damage effects due to improvement of the injury-related health condition or a change in the regulation according to § 30 paragraph 17 as a result of new medical scientific evidence not to lower down, if he has remained unchanged in the last ten years since finding under this Act. The same applies for the Schwerstbeschädigtenzulage, if the level has remained unchanged in the last ten years since finding. Changes for other than medical reasons shall be disregarded in calculating the period.
(4) is the common budget is resolved which a designated or a Schwerbeschädigter has held with the persons referred to in section 30, paragraph 12, sentence 1, § 30 par. 2 and the professional compensation shall degree of the injury consequences according to § 30 para 16 officio only new to determine if her or him to expect the inclusion of other professions would be without the consequences of injury or after discontinuation of the professional compensation according to § 30 para 16 an occupational compensation entitled to according to § 30 para 3 to 11.
Special rules for section 63 (dropped out) supply as legitimate within the territorial scope of this Act authorized outside the scope of this law article 64 legitimate domiciled or habitually resident abroad, as far as the sections 64a determine otherwise to 64f. The services can be with the approval of the Federal Ministry of labour and Social Affairs fully or partially failed or withdrawn if 1 the purpose of performance cannot be achieved, in particular the foreign State wholly or partially credits pension pursuant to this Act on their own pensions, or an important reason for which, in particular against the Federal Republic of Germany a 2nd in the person of the focused action of the person entitled , exists.
§ 64a (1) damaged perform the treatment because of the accepted consequences of damage to itself, insofar as it is not granted within the territorial scope of this Act. You will receive the proven medically necessary and reasonable costs reimbursed; double sum of costs of an appropriate treatment in the area of application of this Act in particularly justified cases also the additional amount be paid partially or completely. The cost of medicines and dressings, and remedies can be replaced in full. The treatment due to injury consequences can perform also in the territorial scope of this Act after prior approval by the competent administrative authority, if medical or cost reasons so require.
(2) supply benefits and aid under article 17 are excluded. Sentence 1 and § 11 paragraph 4 in level of benefits in the State of residence shall reimburse the services medical and health treatment according to § 10 paragraph 2, 4, 5 and 6; Paragraph 6 shall remain unaffected. If an investigation of the medical expenses in the country of residence is not possible, a grant can be provided up to the simple level of the usual services, that would get the Versorgungsberechtigte in Germany.
(3) for hygiene measures, only be reimbursed and benefits given only if the competent administrative authority has previously approved the measure. Exercises for disabled persons services outside the scope of this law are excluded.
(4) rights which the beneficiary against statutory or private insurance or similar bodies, count on the services of the health and health care according to this law, if they are to carry out.
(5) for the reimbursement of travel costs and the replacement of lost work earnings is to apply article 24 accordingly.
(6) the competent administrative authority can according to the paragraphs 1 to 3 take contributions for insurance of the beneficiaries in the State of residence instead of services, if there is a particular hardship, or provide services in cooperation with a foreign health insurance, with which it has signed a contract.
section 64B (1) authorized according to § 64 help in need 1 health according to § 26 b, 2. help care according to sec. 26 c paragraph 8, 3. complementary assistance to the living according to § 27a.
The same applies for the members living with authorized pursuant to sentence 1 in a household, as well as for widows, widowers, surviving if damaged mostly earn the living of family member, life partner, survivor's life and orphans.
(2) services are provided only to the extent, as damaged or survivors will receive no other benefits for the same purpose of performance.
(3) type, shape and dimension of the services and the use of income and wealth are set to the special conditions of the stay, taking into account the necessary local life needs. The winners of the war victim assistance decide discretion about the provision.
(4) in determining a performance of medical assistance pursuant to section 26 b and in determining the level of care that paragraph 8 is required for services under section 26 c, the testimony of an officially ordered physician or the medical officer of the competent German representation can be consulted. Such doctors not be available, the testimony of other doctors on the spot can be consulted.
(5) provided that in individual cases the application of the provisions of paragraph 1 sentence 1 results from a special hardness, more can be achieved with the approval of the competent Federal Ministry in the §§ 26 to 27 d called services.
§ 64c (1) in determining the pension payments are considered foreign income such as comparable domestic income.
(2) § 30 paragraph 3 up to 15 applies for the establishment of the professional compensation the damaged refers to mainly foreign income, takes the place of his actual income from current or former occupation (§ 30 para 4 sentence 1) the average income of the basic salary of grades the Federal salary regulation A, the damaged domestically would be mapped. The condition of the set of 2 is omitted and the damaged moved his domicile or habitual residence abroad after June 30, 1984, the average income of the salary of grade of Federal salary order A, would have been assigned the damaged before moving takes the place of his achieved income. In cases of sentences 2 and 3, section 30, paragraph 11, sentence 2 shall apply accordingly.
(3) § 40a applies for the fixing of the compensation.
(4) sections 60 to 62 and 66 shall apply insofar as not characteristics of the supply of war victims outside the Federal territory require a deviation. A deviation can be made only in consultation with the Federal Ministry of labour and Social Affairs; in consultation with the Supreme authority of the country, it can also set how the pensions payable are.
(5) lump sum benefits are not granted.
(6) funeral money provided second alternative, at the death of survivors up to the amount of the amount in section 53 sentence 2 second alternative at the death by damaged up to the amount in section 36, paragraph 1, sentence 2.
§ 64 d (1) the payment of pensions depends on the foreign-exchange regulations. Revenue from States with fluctuating money value and significant changes associated is to proceed according to the rules in section 60a paragraph 1 sentence 2. In these cases is, if the price changes in the course of the calendar year in a consistent framework, after the end of the previous calendar year when determining the income-related benefits based on the average rate of this year to lay. In cases where the courses during the calendar year are subject to greater fluctuations, the average rate can be determined for a greater period of time each.
(2) can to the services pursuant to this Act not carried to the person entitled, compensation may be granted with the consent of the Federal Ministry of labour and Social Affairs. There is no entitlement to subsequent granting of the difference to full power.
Article 64e (dropped out) § 64f (1) each applicable procedural rules apply if not features of the care of war victims outside the Federal territory require a simplified scheme. A simplified scheme requires approval by the Federal Ministry of labour and Social Affairs. This applies particularly to the justification of assessments and the consultation of third parties to the proceedings.
(2) a need exists, a special representative can be ordered without prejudice to sections 13 to 15 of the tenth book of the social code, if this and the applicant or Versorgungsberechtigte agree. The consent of the applicant or pensioner can be assumed when the existence of special reasons. Article 15 par. 3 of the tenth book of the social code shall apply mutatis mutandis.
(3) § 60 shall apply with the proviso that in the cases of paragraph 4 a reduction or withdrawal occurs end of the month the performance only at the end of the third month after where the notification or communication has been is announced.
(4) the holder of the Kriegsopferversorgung and the care of war victims cooperate immediately with the German services abroad.
Rest of the right to supply section 65 (1) entitlement to pensions resting, if both claims are based on the same cause 1 in the amount of remuneration of the statutory accident insurance, 2. the difference between a supply to bibliographical terms and from the bibliographical accident compensation.
Benefits to the injured pension under the statutory accident insurance disregarded the amount payable would child support or appropriate services in its height without the allowance of other service providers.
(2) the entitlement to the basic State pension (§ 31) rests in the amount of the benefits granted in addition to reimbursement of the bibliographical accident compensation, if both claims are based on the same cause.
(3) the entitlement to medical treatment (§ 10 para 1) and rests on the standard amount as a replacement for clothes and lingerie wear (§ 15) in so far as 1 from the same cause, claims for appropriate services consist of statutory accident insurance or after the bibliographical rules on the accident compensation;
2. claims to corresponding benefits under the provisions of the medical care for members of the federal police and soldiers (§ 69 para 2, § 70 para. 2 federal salaries Act and § 1 para 1 military pay Act) and according to the national regulations for police officers of the countries.
(4) in the area referred to in article 3 of the Unification Treaty, other claims based on the same cause will lead to a suspension of entitlement to pensions. This applies the war pension, the care allowance, the blind money and the special care allowance and the survivor pension derived from a war pension to the Pension Harmonisation Act of 28 June 1990 (Coll. I no. 38 p. 495) for the amount that will be paid by the institution of the pension insurance alone due to war damage.
(5) the rest is effective at the time in which his conditions have occurred. The payment of a pension is set at the end of the month or reduced, in which the suspension is effective, and resumed or increased at the beginning of the month, at which the suspension ends.
Payment section 66 (1) pensions are awarded in monthly amounts, rounded to full euros and paid monthly in advance. Supply benefits and aid under article 17 are allocated by the day and paid at the end of each week.
(2) all cash benefits transferred free of charge on an account of the person or one with this living in same household third parties, that the beneficiaries has stated. If it requires the beneficiaries, they are free to be paid by money order by Deutsche Postbank AG to his domicile or habitual residence. In special cases, they can be paid cash at the competent administrative service. Article 118 par. 3-4a of the sixth book of the social code shall apply mutatis mutandis.
§ 66a (dropped out) - § 66 b (dropped out) - section 66 c (dropped out) - section 66 d conversion to euro in the area referred to in article 3 of the Unification Treaty in annex I Chapter VIII subject K section III, point 1 to 21 of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. 1990 II S. 885, 1067) these requirements are to apply from 1 January 2002, subject to the proviso , that takes the place of the words "Deutsche Mark" each the word "Euro".
paragraphs 67 to 70 (dropped out) supply at accommodation section 71 for accommodation of beneficiaries (paragraph 49 of the first book of the social code) to the execution of a custodial sentence or a detention order of improvement and assurance of income that are mitigated by the accommodation are in calculating the pensions based to the amount related to the accommodation; they are at the time of the adjustment of pensions (article 56) to the percentage of the current pension benefits be adjusted to increase. The execution of a custodial sentence or a detention order immediately closes the improvement and assurance on a pre-trial detention, set is to use 1 with the proviso, that the pre-trial detention are to apply reduced income in the amount related to the start of the pre-trial detention.
section 71a (fallen away) transmission power law § 71 b the competent administrative authority pensions did, apply, if the Versorgungsberechtigte claims against a carrier of social security or a public fund, sections 104 and 106 to 114 of the tenth book of the social code and if the has Versorgungsberechtigte claims against a public employer, § 115 of the tenth book social law with the proviso that the claims are entitled to the cost of the Kriegsopferversorgung. The same applies if the cost of Kriegsopferversorgung has to carry these services.
A pension receive lump-sum payment section 72 (1) damaged, may be granted for the acquisition or the economic strengthening of own real estate a lump-sum payment.
(2) a lump-sum payment may be granted also 1 to acquire or to the strengthening of a property under the condominium Act, 2. to own estate financing home ownership within the meaning of § 17 para 2 of the Housing Promotion Act, if the speedy transfer of ownership on the damaged is ensured, 3. to purchase of a Dauerwohnrechts under the condominium Act, if the duration wohnberechtigte economically is equivalent to a homeowners and the persistence of the Dauerwohnrechts in the case of the forced sale is agreed according to § 39 of the condominium Act , 4. to finance an own via ownership savings contract with a building society or the officials home work for the purposes of paragraph 1 and the numbers 1 to 3 (3) the ownership of a plot of land the ground lease, the property is equivalent to the flat ground lease.
Article 73 (1) a lump-sum payment can be granted only if 1 the damaged at the time of the submission of the year still not completed the 55th, 2. the pension rights is recognized, not to expect 3. is that during the compensation period, the pension will fall away, 4 for a useful use of the money is guaranteed.
(2) a lump-sum payment may be, but not granted exceptionally after the 55th year of life if the application is only made after completion of the 65th year of life.
(1) the lump-sum payment may include an amount up to the amount of the basic pension (§ 31 para 1 sentence 1). A reduction of reduction of earning capacity is within the settlement period to be expected, so only the pension can be based the lump-sum payment, which corresponds to the degree of the injury consequences to be expected.
(2) the compensation is limited to the basic pension standing for a period of ten years. Nine times of the annual amount of underlying the lump-sum payment is paid as a settlement. The void on the covers, the severance takes their place, for a period of ten years at the end of the month, following the month of payout.
(3) by way of derogation from paragraph 2 the indemnity for a period of five years basic pension related to limited to, if the application is made only after the completion of the sixtieth year of life. The Siebenundfünfzigfache of the underlying of the lump-sum payment month amount is paid as a settlement. The void on the covers, the severance takes their place, for a period of five years at the end of the month, following the month of payout.
Section 75 (1) the intended use of capital is through the form of payment, and usually through measures to prevent alsbaldiger sale of the land, ground lease, home ownership, to secure apartment ground lease or Dauerwohnrechts. For this purpose can be arranged in particular, that the sale and strain of acquired with the lump-sum payment or economically strengthened land, ground lease, property or apartment ground lease may be up to five years only with the permission of the competent authority within a period. This arrangement will be effective upon the entry in the land register. The registration is carried out at the request of the competent administrative authority.
(2) in addition, the settlement of which may be subject that a backup mortgage to secure registration is granted the claim for the reimbursement of the lump-sum payment after the §§ 76 and 77.
Section 76 (1) which is settlement requiring far to repay, as she intended is not used within a period determined by the competent authority.
(2) the compensation can be reclaimed when the intended use is been frustrated during the severance period.
(3 the extinct by the lump-sum payment covers against reimbursement of the compensation sum can be granted before the end of the termination period at the request of again) found out, if there are important reasons.
Section 77 (1) limited the obligation to repay (section 76) in the case of termination pursuant to section 74 paragraph 2 after the end of first year 91 per cent of the compensation sum, second year to 82 per cent of the compensation sum, third year to 72 per cent of the compensation sum, fourth year to 62 per cent of the compensation sum, fifth year to 52 per cent of the compensation sum, sixth year to 42 per cent of the compensation sum , seventh year to 32 per cent of the compensation sum, eighth year on 22 per cent of the compensation sum, ninth year to 11 per cent of the compensation amount.
The obligation to repay limited in the event of termination pursuant to section 74 paragraph 3 at the end of the first year to 81 per cent of the compensation sum second year to 62 per cent of the compensation sum, third year to 42 per cent of the compensation sum, fourth year to 21 per cent of the compensation amount.
The times account from the first of the second month following the payment of the settlement until the end of the month in which the settlement has been paid back.
(2) the settlement not to the end of the year will be paid back, so are in addition to the Vomhundertsätzen for a full years to take into account nor the percentages, which accounts for the months of month elapsed until the redemption date. The same applies if the settlement before the end of the first year will be repaid.
(3) after the repayment of the amount of compensation, the underlying the severance pay with the first of the month following the repayment revived.
Section 78 within the period provided for in § 76 para 1 a compliant equivalent of the disbursed settlement amount of money, securities and assets seizure is not subject to.
Article 78a (1) a lump-sum payment can also widows will be accorded with entitlement to pension or widow benefit (section 48) and spouses of lost (§ 52 para 1). The provisions of §§ 72 to 80 shall apply mutatis mutandis.
(2) includes a widow found out again a marriage, is to repay the severance sum in that regard after the marriage exceeds the total amount of pensions to their remarriage has gone out before. The compensation is to be on the amount to be paid back according to § 44. It turns out that the missing still alive, the compensation is so to repay in so far as it exceeds the sum of the extinct pensions that pay would be to return the lost according to this Act and the Act on the living allowance for dependants of prisoners of war.
(3) paragraphs 1 and 2 apply for survivor's life partner according to.
Article 79 (dropped out) section 80 lump sum, which has been granted until May 9, 1945, cause no reduction of pensions established under this Act.
Damages, reimbursement article 81 meet persons that stipulate conditions of § 1 or corresponding provisions of other laws, the appropriate implementation of this law so they have due to injury against the Covenant only claims based on this law; However, the rules of the bibliographical accident compensation find version, and article 82 of the officials supply Act adjusted the law about the advanced approval of claims for damages from service accidents in the in the Federal Law Gazette Part III, outline number 2030-2-19, application.
section 81a (1) unless the beneficiaries a statutory right to compensation of damage against third parties is them due to the damage, passes this claim to the extent of the obligations established by this Act for the provision of services on the Federal. This does not apply to claims which are resulting from pregnancy and childbirth. The transition of the claim can not be relied upon to the detriment of the entitled party.
(2) paragraph 1 shall apply accordingly, insofar as to claims according to this law, which are not based on injury.
(3) the health insurance fund shares with the managing authority facts, which is, that a third party has caused the damage. On request, she makes the Managing Authority details on how much she has provided healing or treatment; This does not apply for non-stationary medical care and supply of medicines and Association resources.
(4) article 116 paragraph 8 of the tenth book of the social code shall apply mutatis mutandis.
Article 81 b has a managing authority or another institution of Kriegsopferversorgung benefits granted and subsequently proves, that instead of their public service anywhere else, that is not a service provider within the meaning of § 12 of the first book of the social code, committed to the performance would have been, has to reimburse the expenses to the extent as they were if you under the applicable legislation the authority committed to the performance.
section 81c be under this Act services provided, the amount of which is influenced by the amount of a claim against a third party that is not a service provider, the managing authority can transfer the claims to be taken into account up to the amount of their performance by written notification to the cost objects of Kriegsopferversorgung.
Expansion of the category of persons is article 82 (1) this law apply mutatis mutandis to 1 persons, benefits were granted to those for damage to life and limb a) on the basis of article 18 of the law on the compensation of personal injury caused by the war (war injury Act) as amended by the notice of December 22, 1927 (RGBl. I S. 515, 533) or b) on the basis of § 1 No. 2 of the law on the replacement of the occupation of German Reich territory caused by injury (crew personal injury law) amended the notice of April 12, 1927 (RGBl. I S. 103);
2. Germans within the meaning of article 116 of the basic law, that have fought and thereby suffered health damage through accident or exposure to explosive ordnance in the period from July 18, 1936 to 31st March 1939 in Spain on the Republican side, as well as their surviving dependants.
(2) supply may be granted under this Act to displaced persons in the sense of § 1 of the Federal Refugees Act, who are Germans or German people Member, if they have suffered damage within the meaning of § 1 para 1 after 8 May 1945 in fulfilling their statutory compulsory of military service according to the regulations in the area of displacement; This does not apply if they are entitled to supply against the country that has requested the service obligation, and realize this claim from the same cause. Sentence 1 applies also to ethnic Germans within the meaning of section 4 of the Federal Refugees Act.
Exclusion of the deduction of a pension to pay section 83
These references not to the detriment of the workers may be taken into account when determining the pay of workers who receive pensions according to this law, in particular it is not permitted to calculate the pensions entirely or partially on the charge. This also applies to services, with regard to a previous activity on the formerly employed or his survivors to the fulfilment of a legal claim or be provided voluntarily.
Transitional provisions article 84 (1) before stay granted widows and orphan aid from the change in force on 1 July 1985 under section 48 unaffected July 1, 1985.
(2) beneficiaries residing or ordinarily resident abroad have in the month of June 1988 entitled to professional compensation or compensation on the basis of foreign comparison income, section 64 applies c in the version applicable up to 30 June 1988, as long as this is cheaper. While that is the current income for the month of July 1988 to face authoritative foreign comparison income; This comparison income is in the following years each July 1, to the same extent as the amount of tax (§ 33 par. 1) changed.
§ 84 a subject according to annex I Chapter VIII subject K section III, point 1 (a) in conjunction with article 3 of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885, 1067) is no longer applicable from 1 July 2011.
Section 85 as far as after October 1, 1950 supply legal regulations has been decided on the question of the causal link of a health disorder of damage within the meaning of § 1 the decision is legally binding even after this law. Sentence 1 shall not apply for a decision negated the causal link which is taken after May 8, 1945, in the area referred to in article 3 of the Unification Treaty.
§ 86 living allowance for relatives of POWs and political prisoners who on December 20, 2007 entitled on living allowance according to the law on maintenance assistance for relatives of prisoners of war in the version of the notice of 18 March 1964 (Federal Law Gazette I p. 218) or according to § 8 of the inmate aid Act, get the same benefits, the survivor is entitled to under this Act.
Section 87 (1) the professional compensation was applied for before 1 July 2011, is determined the respective comparison income to June 30, 2011 and then with the in article 56, paragraph 1, sentence 1 certain percentage adjusted annually. This is to apply article 15 set 3 according to. Sentences 1 and 2 also apply to applications for the adaptation of the professional compensation according to § 30 paragraph 16 as amended by force until June 30, 2011.
(2) the compensation requested before July 1, 2011, to June 30, 2011, the amount of the respective comparison income found according to § 30 paragraph 5 and then with the in article 56, paragraph 1, sentence 1 certain percentage adjusted annually. This is to apply article 15 set 3 according to. Was for the deceased before 1 July 2011 a higher than that is 1 resulting comparison income set pursuant to sentence been, this occurs at the point of comparing income determined in accordance with article 30, paragraph 5.
(3) according to § 64a, § 10 paragraph 7 with the proviso that services are excluded, if beneficiaries or those individuals for which treatment is sought, have announced a statutory or comparable insurance common in the State after February 2, 2011 or were freed at the request of compulsory insurance applies for services.
(4) subject to annex I Chapter VIII subject K section III, point 1(a) of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885, 1067) for the calculation of benefits to not to apply paragraphs 1 and 2.
§ 88 (dropped out) hardship compensation section 89 (1) provided that in some cases special hardship arising from the provisions of this Act, compensation may be granted with the consent of the Federal Ministry of labour and Social Affairs.
(2) the Federal Ministry of labour and Social Affairs may agree to the granting of General hardness ascertained.
(3) payments for periods before the month in which the decision of the administrative authority is binding, not come usually consider, when they mostly resulted in the fulfillment of refund claims of other performers.
A modification of the Bundesversorgungsgesetzes leads final provisions article 90 (1), a regulation on the basis of the Bundesversorgungsgesetzes or a law that referenced the Federal changes continually granted pensions, sickness care and transition funds, officio to be set. Only the independent income benefits according to sections 14, 15, 31 para. 1 and 4, to adapt article 35, paragraph 1 and paragraphs 40 and 46 (article 56), may be waived by a formal decision granting.
(2) new claims which result from such a change in law, be determined only on request in addition. The application within one year after entry into force of the change in law is made the payment with the be of the corresponding change, in which or on which the conditions are fulfilled at the earliest begin the year, month or day. It starts with at the same time, when the new claims can be determined only on the basis of a decree to be issued and the application within one year after the promulgation of the decree is made.
(3) paragraphs 1 and 2 shall apply mutatis mutandis if supply as Kannleistung or in the way of hardness compensation is granted.
Section 91 that is Federal Ministry of labour and Social Affairs authorised to disclose the wording of the Act and the regulations adopted pursuant to this Act in amended with new date and new paragraph following. It can eliminate inconsistencies of the wording here.
section 92 (dropped out)-
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