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Federal law on the reparation of national-socialist injustice in the provision of war victims for persons entitled to war abroad

Original Language Title: Bundesgesetz zur Wiedergutmachung nationalsozialistischen Unrechts in der Kriegsopferversorgung für Berechtigte im Ausland

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Federal law on the reparation of national-socialist injustice in the provision of war victims for beneficiaries abroad (BWKAusl)

Unofficial table of contents

BWKAusl

Date of completion: 25.06.1958

Full quote:

" Bundesgesetz zur reparations of national socialist injustice in the provision of war victims for beneficiaries abroad in the revised version published in the Bundesgesetzblatt, Part III, outline number 832-3, as last amended by Article 13 of the German Federal Law on the Protection of War of the Law of 22 December 1981 (BGBl. I p. 1497).

Status: Last amended by Art. 13 G v. 22.12.1981 I 1497

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +)
Title: The law applies in the Saarland according to. Art. IV G v. 25.6.1958 823-2

Group of persons

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§ 1

(1) Resurrection pursuant to this Act shall be granted to persons who are persecuted in the sense of the Federal Law on Compensation for Victims of National Socialist Persecution (Bundesentschädigungsgesetz-BEG) and thereby in their damages in the sense of the § § 1 and 82 of the Federal Supply Act (Bundespensions Act) have been damaged (injured) and have their residence or permanent residence abroad. In the event of fulfilment of the other requirements, the surviving survivors who are not themselves victims in the sense of the first sentence are also granted compensation. (2) Those who are responsible for the integration of Austria into the German Reich has acquired German citizenship, receives reparation only if he has acquired German citizenship after 26 April 1945. (3) The right to redress does not prevent the claimant from being injured or her Survivors are not Germans under Article 116 of the Basic Law. Unofficial table of contents

§ 2

Entitlement to redress shall exist if:
1.
the injured person has been emigrated, deported or expelled before 23 May 1949 for reasons of persecution, and his last place of residence or permanent residence in the territory of the Reich as at 31 December 1937 or in the area of the Free City of Germany Gdansk has had or expelled displaced persons within the meaning of § 1 of the Law on the affairs of displaced persons and refugees (Federal Expellees Act) and for persecution reasons from the expulsion areas, deported or expelled , and
2.
the person entitled, at the time of the decision on reparation, has his residence or permanent residence in States with whose governments the Federal Republic of Germany has diplomatic relations; the Federal Government may determine: which States with whose governments the Federal Republic of Germany does not have diplomatic relations, are treated as if diplomatic relations were to be maintained with them.
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§ 3

Restitution excludes who has been a member of the NSDAP or any of its members or who has provided for the advancement of the National Socialist dictatorship; the nominal membership of the NSDAP or in one of its Breakdowns do not preclude the right to compensation if the beneficiary, using freedom, body or life, fights the National Socialism for reasons which correspond to the reasons for the persecution of § 1 of the Federal Compensation Act has been and has been followed.

Extent of redress

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§ 4

(1) Authorized persons under this Act shall receive care in accordance with the provisions of the Federal Supply Act for Germans residing in States with which the Federal Republic of Germany has diplomatic relations, insofar as it is not from the (2) If special hardships arise from the provisions of this law in individual cases, § 89 of the Federal Supply Act shall be applied accordingly. Unofficial table of contents

§ 5

(1) Compensation and parental pensions (§ § 32, 33, 41, 47 and 49 to 51 of the Federal Supply Act) shall be granted in full, unless it appears that the livelihood is guaranteed in another way or that it is not in need of the need. (2) The proven necessary and reasonable costs of a cure for the consequences of injury, with the exception of the health care benefit, will be fully reimbursed. (3) Unofficial table of contents

§ 6

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§ 7

(1) Authorized persons under this Act shall also be entitled to compensation for the period prior to 1 April 1950. (2) The compensation shall be granted from the date on which the injured parties to the victims are subject to the provisions of previous pension legislation. (3) The compensation shall be established in accordance with the provisions laid down for the period of time of withdrawal of the Pensions granted until 31 March 1950; periods in which, according to § 2 No. 1 the final residence or permanent residence of the victims of war has not been granted, a divorce is granted. To the extent that these rules provided for pensions which have been graduated according to the local classes, in the calculation of compensation, if it is more favourable for the beneficiary to take account of the location class, the latter shall be taken into account in the last statement of the pensions. before the transfer of residence to another country. (4) For the reimbursement of cash outlays for which the person entitled was self-employed from the date referred to in paragraph 2, until 31 March 1950 for a Healing treatment has grown, § 5 para. 2 applies accordingly. In so far as these outlays can no longer be proved, the submission of a confirmation by the competent representative of the Federal Republic of Germany is sufficient to show that the data of the injured party is credible. (5) Compensation benefits for the period prior to the currency conversion, the Reichsmark shall be calculated and converted into Deutsche Mark in a ratio of 10: 2; for the purposes of paragraph 4, cash outlays shall be converted to the German mark in a ratio of 1: 1. Unofficial table of contents

§ 8

(1) The benefits to be granted under this Act shall be credited to the benefits provided for the same period of time due to the consequences of injury within the meaning of the Federal Supply Act. Insofar as these have been effected in Reichsmark, the conversion ratio § 7 (5) applies accordingly. (2) The principles of the civil law relating to the settlement of a share obtained in connection with the damage shall apply in a sense.

Deadlines and procedures

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§ 9

(1) reparation shall be granted only on request. The application is to avoid the exclusion until 30 June 1959 in the representation of the Federal Republic of Germany responsible for the place of residence, in the absence of such a representation at the Federal Foreign Office or the relevant supply office (Section 11 (1)). . The application submitted to another German official body is also legally effective. Survivors of an injured party shall have the right to redress for the purpose of avoiding the exclusion within one year from the date following the death day of the injured party; the period shall end at the earliest on 30 June 1959. (2) Is the (1) shall not preclude the application for redress if the person entitled to do so makes it credible that he was unable to submit the application within the time limit laid down without his fault. In this case the application must be submitted within six months of the removal of the obstacle. (3) An application shall not be required if the person entitled to the right of supply is already entitled to restitution of the goods by reason of the date until the date of entry into force of this Laws or administrative arrangements in force. Unofficial table of contents

§ 10

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§ 11

(1) The competence and administrative procedure shall be determined in accordance with the First and Tenth Book of the Social Code and in accordance with the Law on the Administrative Procedures of the War Sacrifice Supply and of the Regulation on the competence of the Administrative authorities of the victims of war victims for persons entitled to supply abroad (Foreign Liability Ordinance). (2) The courts of social justice decide on disputes. The provisions of the Social Court Act concerning matters relating to the provision of war victims are decisive for the preliminary proceedings and the proceedings before the courts of the social justice system.

Footnote

Section 11 (1) italic printing: See earlier V v. 9.6.1964 833-3, V erh. by § 7 sentence 2 V v. 28.5.1991 I 1204 mWv 1.5.1991, cf. now AuslZustV 833-5 Unofficial table of contents

§ 12

-

Transitional and final provisions

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§ 13

(1) This Act shall enter into force with effect from 1. (2) At the same time, the legislation and administrative arrangements in force within the scope of this Act concerning the restitution of national-socialist injustice, as far as they are provided for the provision of war victims, shall be enforced. in accordance with this law. Unofficial table of contents

§ 14

(1) Authorised under this Act, who have returned from abroad after 31 March 1950 and have taken their residence or permanent residence in the territory of the Federal Republic of Germany, shall be entitled, if the application for redress has been made within six months of the date on which the request for redress has been made. (2) Paragraph 1 is to be found on the basis of the provisions of the Federal Law of Supply of the month in which the conditions for granting them are fulfilled. (2) Paragraph 1 in the sense of § 1, who returned from abroad after 30 June 1950 and who are resident in the country of residence or permanent residence in the Land of Berlin, subject to the condition that the supply begins at the earliest on 1 July 1950. Unofficial table of contents

§ 15

(1) The supply of a person entitled to return to the scope of this Act from abroad and who has emigrated again after 22 May 1949 shall be governed by the provisions applicable to German nationals abroad, (2) § 7 shall apply to persons entitled to emigrate who emigrate after 22 May 1949 and who have not yet been compensated for the purposes of this provision. , with the proviso that a compensation shall be granted up to the point in time , from which the conditions for a supply under national law or under the Federal Supply Act were met. Unofficial table of contents

§ 16

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.