Federal Act Of Redemption Of National Socialist Injustice In The Kriegsopferversorgung For Authorised Abroad

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

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Bundesgesetz zur reparations of national socialist injustice in the provision of war victims for beneficiaries abroad (BWKAusl)

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BWKAusl

Date of expend: 25.06.1958

Full quote:

" Bundesgesetz zur reparations of national-socialist injustice in the provision of war victims for rightholders abroad in the revised version published in the Bundesgesetzblatt, Part III, outline number 832-3, which is published in the most recently Article 13 of the Law of 22. December 1981 (BGBl. I p. 1497) "

:Last modified by Art. 13 G v. 22.12.1981 I 1497

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1982 + + +)
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The law applies in the Saarland in accordance with. Art. IV G v. 25.6.1958 823-2

persons circle

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§ 1

(1) Reparations under this Act are 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 § § 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 surviving victims who are not themselves victims in the sense of the sentence 1 will also receive reparation for the survivors.(2) Anyone who had acquired German citizenship on the basis of the integration of Austria into the German Reich, will only receive compensation if he/she is a German citizen after the 26. It was reacquired in April 1945.(3) The right to redress shall not preclude the fact that injured parties or their survivors are not Germans under Article 116 of the Basic Law. unofficial table of contents

§ 2

Claim is entitled to redress if
1.
the victim prior to the 23. It has been expelled, deported or expelled from persecution, and his last residence or permanent residence in the territory of the Reich is in accordance with the status of 31 May 1949. December 1937, or in the area of the Free City of Gdansk, or displaced persons within the meaning of § 1 of the Law on the affairs of the displaced persons and refugees (Bundesvertriebenengesetz) and for reasons of persecution from the Vertfriction areas emigrated, deported or expelled, and
2.
the beneficiary, at the time of the decision on reparation, his residence or permanent residence, The Federal Republic of Germany has diplomatic relations with the governments of the Federal Republic of Germany. The Federal Government can determine which states with whose governments the Federal Republic of Germany does not have diplomatic relations shall be treated as if diplomatic relations were to be maintained with them.
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§ 3

Of the Reparation is excluded 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 members does not preclude the right to compensation if the beneficiary, using freedom, body or life, has combated National Socialism for reasons which correspond to the reasons for the persecution of § 1 of the Federal Compensation Act; and

Scope of redress

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§ 4

(1) Authorised persons under this law receive care in accordance with the provisions of the Federal Law of Supply for Germans residing in States with which the Federal Republic of Germany has diplomatic relations, insofar as it does not consist of: the following provisions are to be found otherwise.(2) If special hardships arise from the provisions of this law in individual cases, § 89 of the Federal Supply Act shall be applied accordingly. Non-official table of contents

§ 5

(1) Compensatory and parental pensions (§ § 32, 33, 41, 47 and 49 to 51 of the Federal Supply Act) are to be found in the full amount, unless it appears that the livelihood is guaranteed in other ways or that it is not in need of need.(2) The proven necessary and reasonable costs of a treatment with the exception of the health care benefit, which are carried out on account of the consequences of injury, shall be fully reimbursed.(3) Non-official 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 the 1. April 1950.(2) The compensation shall be granted from the date on which the injured parties have not received, or have not been made available, the pensions to be granted in accordance with previous pension provisions, or on the grounds of the assertion of the benefits have been prevented from claims.(3) The compensation shall be established in accordance with the rules applicable to the period from the withdrawal of pensions to 31 December 2013. During the period of validity of the first place of residence or permanent residence of the victims of the war, the periods during which a supply of war victims were not granted on the basis of the last place of residence or permanent residence in accordance with section 2 (1) of this Directive have been To the extent that these rules provided for pensions which have been graduated according to the local classes, in the assessment of compensation, if it is more favourable for the person concerned, account shall be taken of the location class of the last determination of the pensions was based on the transfer of residence to foreign countries.(4) For the reimbursement of cash outlays, which shall be paid to the person concerned by the date referred to in paragraph 2, up to 31 December 2008. § 5 (2) shall apply in accordance with the provisions of Section 5 (2) of the Directive, which has been granted in March 1950 for a medicinal treatment which has been self 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 shall be sufficient to show that the data of the injured party is credible.(5) Compensation benefits for the period prior to the changeover are calculated in Reichsmark and converted into Deutsche Mark in a ratio of 10: 2; cash outlays within the meaning of paragraph 4 are converted to the German mark in a ratio of 1: 1. Non-official table of contents

§ 8

(1) The benefits to be granted under this Act shall be those due to the consequences of injury in the sense of the Federal Supply Act according to other supply-law provisions for the same period of benefits granted. Insofar as these have been effected in Reichsmark, the conversion ratio § 7 para. 5 shall apply accordingly.(2) The principles of civil law relating to the settlement of the damage obtained in connection with the damage shall apply mutatily.

Time limits and procedures

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§ 9

(1) Resurrection is granted only on request. The application is to avoid the exclusion up to 30 years. June 1959 at 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 on which the injured party has been on the death day of the injured party; the period shall end at the earliest on 30 November. June 1959.(2) Where the time limit referred to in paragraph 1 is missed, the application for redress shall not preclude the right of the beneficiary to be credited without having been unable to submit the application in due time. In this case, the application shall be submitted within six months of the removal of the obstacle.(3) There is no need for an application if the beneficiary has already registered his right of supply-right compensation on the basis of the legislation or administrative arrangements in force until the date of entry into force of this Act. Nonofficial table of contents

§ 10

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§ 11

(1) The competence and administrative procedure are determined by the First and Tenth Book of Social Code and under the Law on the Administrative Procedures of the War Sacrifice Supply and the Regulation on (2) The courts of social justice decide on disputes. (2) The courts of the Social Courts decide on disputes. For the pre-trial procedure and the proceedings before the courts of social justice, the provisions of the Social Courts Act are authoritative for matters relating to the provision of war victims.

Footnote

§ 11 para. 1 italic print: cf. earlier V v. 9.6.1964 833-3, V deed. by § 7 sentence 2 V v. 28.5.1991 I 1204 mWv 1.5.1991, cf. now AuslZustV 833-5 Non-official table of contents

§ 12

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Transition-and Final rules

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§ 13

(1) This law occurs with effect from 1. October 1950, in force.(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, insofar as they are the provision of the victims of war in accordance with this Act, shall be , shall be repeal of the law. Non-official table of contents

§ 14

(1) Calculated under this law, which is after the 31. If the application for redress is filed within six months of the date of the proclamation of the law, the supply of restitution shall be granted on the basis of the return of the country of residence or permanent residence in the territory of the Federal Republic of Germany. according to the provisions of the Federal Law of Supply of the month in which the conditions for granting them are fulfilled, at the earliest of 1. April 1950.(2) Paragraph 1 shall apply to beneficiaries within the meaning of § 1, which shall be referred to in paragraph 30. June 1950, have returned from abroad and have taken their place of residence or permanent residence in the Land of Berlin, subject to the condition that the supply is at the earliest on the first day of the year. July 1950 begins. Non-official table of contents

§ 15

(1) The provision of care for a person entitled to return to the scope of this Act from abroad and after the 22. In the case of German nationals who are not nationals of Germany, or if he/she has a foreign nationality, he/she shall be subject to the provisions which apply to German nationals abroad, even if he is not a German citizen.(2) § 7 shall apply to persons entitled under the 22. The Commission has not yet been compensated for within the meaning of this provision, with the proviso that a compensation shall be granted up to the date on which the conditions for the provision of supplies shall be granted in accordance with the conditions laid down in that Article. National legislation or under the German Federal Supply Act. Non-official 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.