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Federal Act on the restitution of National Socialist injustice in the Kriegsopferversorgung for authorised abroad (BWKAusl) BWKAusl Ausfertigung date: 25.06.1958 full quotation: "Federal Act on the restitution of National Socialist injustice in the Kriegsopferversorgung for authorised abroad where in the Federal Law Gazette Part III, outline number 832-3, adjusted version published recently by article 13 of the law of December 22, 1981 (BGBl. I p. 1497) has been changed" stand: last amended by art. 13 G v. 22.12.1981 I in 1497 for details on the stand number you see in the menu see remarks footnote (+++ text detection) Valid from: 1.1.1982 +++) heading: the law applies in the Saarland pursuant Article IV G BC have been 25.6.1958 823-2 persons § 1 (1) compensation under this Act receive people who pursued within the meaning of the Federal Act for the compensation of victims of National Socialist persecution (federal compensation law - BEG) and thus in their on damage within the meaning of §§ 1 and 82 of the Bundesversorgungsgesetzes-based supply damaged (victims) and have their domicile or permanent residence abroad. Also the living abroad aggrieved of injured party, which are not themselves victims within the meaning of sentence 1 receive reparation in fulfilment of the other requirements.
(2) a person who had acquired German citizenship on the basis of the incorporation of Austria into the German Reich, receives compensation only if he again acquired German nationality after April 26, 1945.
(3) the entitlement of restitution does not preclude that victims or their survivors are not German according to article 116 of the basic law.
§ 2 there is redress if the injured party before the May 23, 1949, tracking reasons is migrated, deported 1 or is been shown and emigrated after the State by December 31, 1937, or in the area who had free city of Danzig or displaced persons in the sense of § 1 of the law on the issues of displaced persons and refugees (displaced persons Act) and from the areas of expulsion for tracking reasons his last residence or permanent residence in the German Reich that is been deported or expelled, and 2. the beneficiary at the time of the decision on the compensation has his domicile or permanent stay in the States, the Federal Republic of Germany maintains diplomatic relations with their Governments. the Federal Government can determine, which States that the Federal Republic of Germany has no diplomatic relations with their Governments, are treated as if diplomatic relations would be with them.
§ 3 of the compensation is excluded, who has been a member of the Nazi party or one of its branches or abetted the National Socialist tyranny. the nominal membership in the Nazi party or one of its branches does not preclude entitlement to compensation if the beneficiary using freedom, life or limb has fought the Nazis for reasons that comply with the tracking grounds of section 1 of the federal compensation law, and therefore has been traced.
Amount of restitution § 4 (1) authorized supply received under this act according to the regulations of the Bundesversorgungsgesetzes for Germans residing in States with which the Federal Republic of Germany maintains diplomatic relations, as far as is not otherwise specified in the following provisions.
(2) unless in individual cases special hardship arising from the provisions of this Act, is section 89 of the Bundesversorgungsgesetzes according to to apply.
§ 5 (1) compensatory pensions and pensions of parents (sections 32, 33, 41, 47 and 49 to 51 of the Bundesversorgungsgesetzes) are granted in full, unless that apparently is living in some other way or means is not available.
(2) the proven necessary and reasonable costs of a treatment carried out because of the consequences of damage even with the exception of the supply sick pay be refunded in full.
(3) section 6 - section 7 (1) authorized under this Act have also entitled to compensation for the period prior to 1 April 1950 (2) the compensation is to grant, on the victims of the pensions to be granted after previous care law or not to free have received or have been prevented from making claims of from the time.
(3) the compensation is to determine according to the rules that were valid for the period from the withdrawal of pension payments to March 31, 1950; Times in which the referred to in § 2 No. 1 relevant last residence or domicile a Kriegsopferversorgung not has been granted, is retiring. Insofar as these provisions were tiered pensions to place classes, when the compensation is, if it is convenient for the owner, to take into account the place class, which underlay the last finding of the pensions prior to the transfer of residence abroad.
(4) § 5 para 2 for the reimbursement of applicable expenses are accrued to the owner of the date referred to in paragraph 2 until March 31, 1950, for a treatment because of the consequences of damage to self assisted, shall apply accordingly. As far as these expenses can no longer be detected, providing a confirmation of your representative meets the Federal Republic of Germany, stating that the claims of the injured party are credible.
(5) compensation for the time before the currency conversion are calculated in reichsmarks and converted at the ratio of 10:2 in Deutsche mark; bare expenses within the meaning of paragraph 4 to be in a ratio of 1:1 into Deutsche mark.
§ 8 (1) that according to this law to granted services you count because of the consequences of damage within the meaning of the Bundesversorgungsgesetzes to other supply legislation for the same time granted services. As far as these are caused in reichsmarks, § 7 para 5 shall apply accordingly for the conversion ratio.
(2) the principles of civil law concerning the crediting of an advantage obtained in connection with the damage shall apply mutatis mutandis.
Deadlines and procedures section 9 (1) compensation is granted only upon request. The request is to avoid the exclusion until June 30, 1959 at the Distributor for the place of residence of the Federal Republic of Germany, in the absence of such representation in the Foreign Office or the competent social security Office (§ 11 para 1) to make. What is legal is also the request made when a German official elsewhere. Survivors of victims have the prevention of exclusion within one year since the days following the anniversary of the death of the injured party to make the claim for redress; the period 1959 (2) ends at the earliest on 30 June deadline in paragraph 1 is failed, so this does not exclude the request for redress, if the person entitled proves that he is without his fault was prevented to submit the application on time. The application is in this case within six months after the removal of the obstacle to make.
(3) an application there is no need, if the owner already has logged its supply legal claim to compensation on the basis of the legal provisions applicable up to the entry into force of this Act or orders.
The jurisdiction and the administrative procedure determined § 10 - section 11 (1) after the first and tenth book of social law and the law on the administrative procedures of the Kriegsopferversorgung and of the regulation on the jurisdiction of the authorities of the Kriegsopferversorgung for Versorgungsberechtigte in abroad (Auslandszuständigkeits-VO).
(2) the social courts are courts over disputes. The law of social Court for matters of Kriegsopferversorgung are decisive for the preliminary proceedings and the proceedings before the courts of the social courts.
Footnote § 11 ABS. 1 italic: see earlier V v. 9.6.1964 833-3, V go up. by section 7 sentence 2 V v. 28.5.1991 I 1204 mWv 1.5.1991, cf. now AuslZustV this Law 833-5 § 12 - transitional and final provisions article 13 (1) with effect from October 1, 1950 into force.
(2) at the same time the restitution of National Socialist injustice, insofar as they relate to the Kriegsopferversorgung according to this law, override the legislation applicable in the territorial scope of this Act and orders.
Section 14 (1) authorized under this Act, that is after March 31, 1950 from abroad have returned and took their residence or permanent residence in the Federal territory, when the request for redress within six months after the promulgation of this law is provided, the supply under the provisions of Bundesversorgungsgesetzes of the month, in which fulfils the conditions for granting , at the earliest by April 1, 1950.
(2) paragraph 1 shall apply to legitimate in the sense of § 1, which after June 30, 1950 from abroad have returned and have taken their place of residence or permanent residence in the State of Berlin, with the proviso that the supply starts at the earliest on 1 July 1950.
(1) the supply of a beneficiary, which is returned from abroad in the area of application of this Act and once again emigrated to May 22, 1949, varies according to the rules that apply to German citizens abroad, and even then, if he not the German nationality or unless you possess a foreign nationality.
(2) section 7 applies corresponding with the proviso on beneficiaries who emigrate after 22 May 1949 and still not in the meaning of this provision have been compensated, that compensation until granted at the time, the on the preconditions for a supply according to the national regulations or the Federal were given.
16. this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.
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