Law on burden-sharing (burden-equalisation law-LAG)

Unofficial table of contents

LAG

Date of completion: 14.08.1952

Full quote:

" Burden-balancing act, as amended by the Notice of 2 June 1993 (BGBl. 845; 1995 I p. 248), which was last amended by Article 21 (3) of the Law of 29 June 2015 (BGBl I). 1042).

Status:	New by Bek. v. 2.6.1993 I 845; 1995 I 248;
	Last amended by Art. 21 sec. 3 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1988 + + +) 
(+ + + measures due to EinigVtr cf.  LAG Annex EV + + +) 

  

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Content Summary

First part: Principles and definitions
First section:	Principles .......................	§ § 1-7
Second section:	Definitions .............	§ § 8-15a
Part two: compensation charges (not published)		§ § 16-227
Eighth section:		§ 227a
Part Three: Compensation
First section:	General provisions ..........	§ § 228-234
Second section:	Detection of damage
First Title:	Principles .......................	§ § 235-237
Second title:	Claim Calculation ...............	§ § 238-242
Third section:	Main damage ...............	§ § 243-252
Fourth section:	Integration loans
First Title:	(dropped) ....................	§ § 253-257
Second title:	Integration loans to individual victims (built-up loans) ....	§ 258
Third title:	(dropped) ....................	§ § 259, 260
Fifth section:	War damage
First Title:	General provisions ..........	§ § 261-266
Second title:	Maintenance assistance ..................	§ § 267-278a
Third title:	Compensation pension ..............	§ § 279-285a
Fourth title:	Common Rules ..........	§ § 286-292
Fifth Title:	Rules for the payment of the war-related pension after 31 December 2005	§ § 292a-292c
Sixth section:	Household rattress .............	§ § 293-297
Seventh section:	Housing Aid ....................	§ § 298-300
Eighth section:	Tougher benefits ..................	§ § 301-301b
Ninth section:	Other support measures .....	§ § 302, 303
Tenth section:	Currency compensation for savings of displaced persons ....................	§ 304
Eleventh section:	Organization and jurisdiction ...	§ § 305-317
Twelfth section:	Management of the means for balancing the load....	§ § 318-324
Thirteenth section:	Procedure
First Title:	General provisions ..........	§ § 325-334a
Second title:	Procedures for main compensation, war charges and household allowance...	§ § 335-344
Third title:	Procedures in the event of fulfilment of claims on principal compensation and household compensation, as well as in the case of integration loans, hardship benefits and on the basis of other support measures ...	§ § 345, 346
Fourth title:	Procedures for housing assistance ..	§ § 347, 348
Fourteenth section:	Recovery from damage compensation	§ § 349, 349a
Fifteenth section:	Other rules and leeway regulations ....................	§ § 350-358
Fourth part: Common final rules		§ § 359-375

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Preamble

In recognition of the claim of the population, particularly affected by the war and its consequences, to a compensation of the burden and to the compensation of burdens, taking into account the principles of social justice and the economic possibilities of the the assistance needed to integrate the injured parties;
Subject to the express reservation that the granting and acceptance of benefits does not constitute a waiver of claims and restitution of the assets left by the displaced,
, and subject to the further express reservation that the granting and acceptance of benefits for damages in the sense of the proof-of-evidence and the law on the provision of evidence do not affect the property rights of the injured party, nor do they waive the right to restoration of unrestricted assets or replacement performance,
the Bundestag, with the consent of the Bundesrat, has adopted the following law:

Part one
Principles and definitions

First section
Principles

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§ 1 Objective of the balancing of the burden

The distraction of damage and losses resulting from the expulsions and destruction of the war and post-war period or by damage in the area of damage within the meaning of Section 3 (1) of the Evidence Warrant and Arrest Warrant, as well as the alleviation of hardship which has occurred as a result of the reorganisation of the monetary system within the scope of the Basic Law, including Berlin (West), is determined by this law; the necessary funds shall be determined in accordance with this Act applied (load balancing). Unofficial table of contents

§ 2 Implementation of the burden-sharing

In order to compensate for the burden, compensation is levied and compensatory payments are granted. Unofficial table of contents

§ 3 Countervailing charges

The amount of compensation shall be as follows:

1.

a one-off asset levy (asset tax)-§ § 16 to 90-,

2.

a special levy on profits from debt for which fundamental rights have been ordered (mortgage profit-making)-§ § 91 to 160-,

3.

A special levy on debtor profits of industrial companies (credit profit transfer)-§ § 161 to 197-.

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§ 4 Compensation

Compensatory allowances shall be granted:

1.

Main damage-§ § 243 to 252-,

2.

Integration loans-§ § 253 to 260-,

3.

§ § 261 to 292c-,

4.

Hausratentschädigung-§ § 293 bis 297-,

5.

Housing aid-§ § 298 to 300-,

6.

Hardcover benefits-§ § 301, 301a-,

7.

Benefits due to other support measures-§ § 302, 303-,

8.

Compensation in the currency compensation for savings in displaced persons-§ 304-,

9.

Compensation in accordance with the Altsparergesetz,

10.

Loans granted under Section 46 (2) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) in the years 1953 to 1957 for the increased promotion of the refugee settlement.

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§ 5 Budget settlement

Rights and obligations of the previous special assets compensation fund shall be applied to the federal government. Revenue under this Act and other values previously allocated to the compensation fund by law or otherwise, shall be supplied to the federal budget. Unofficial table of contents

§ 6 Contribution of countries to burden-sharing

The federal states, with the exception of the Länder of Brandenburg, Mecklenburg-Western Pomerania, Thuringia, Saxony and Saxony-Anhalt, provide an annual subsidy of one third of the annual cost of maintenance aid, but not more than 30 million. Euro. The countries shall pay the grant in accordance with the ratio of their tax revenue in the preceding financial year. Unofficial table of contents

§ 7 Credit

Interest and redemption benefits for loans which have been received by the compensation fund in accordance with § 7 of this Act in the version in force until 1 January 2005 shall be borne by the Federal Government.

Second section
Definitions

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§ 8 Designation of rules

(1) This law refers to:

1.

the Law for the alleviation of urgent social emergencies (Emergency Aid Law) of 8 August 1949 (Law Gazette of the United Economic Area p. 205) as amended by the amending laws of 8 August 1950 (Federal Law Gazette). 355) and of 29 March 1951 (Bundesgesetzbl. 224) as an emergency aid law,

2.

the Implementing Regulation to the First Part of the Emergency Aid Law of 8 August 1949 (Official Journal of the United Economic Area, p. 214) as the First Implementing Regulation to the First Part of the Emergency Aid Act,

3.

the Second Implementing Regulation to the First Part of the Emergency Aid Law of 29 December 1950 (Bundesgesetzbl. 51), as the Second Implementing Regulation, on the First Part of the Emergency Aid Act,

4.

the Implementing Regulation to the Second and Third Parts of the Emergency Aid Act of 8 August 1949 (Official Journal of the United Economic Area, p. 225), as amended by the Regulation supplementing the Implementing Regulation and a third part of the Emergency Relief Act of 22 December 1950 (Bundesgesetzbl. 51) as emergency aid implementing regulation,

5.

The Act of 2 September 1948 (Law and Ordinance of the Economic Council of the United Economic Area, p. 87), as amended by the Law on Change of 10 August 1949 (Law Gazer of the Economic Council of the United States of America) Administration of the United Economic Area (United Economic Area) p. 232) as a mortgage security law,

6.

The Regulation implementing the Law on the Protection of Claims for Burden-Sharing of 7 September 1948 (Law and Regulation sheet of the Economic Council of the United Economic Area p. 88) as the first implementing regulation on the Mortgage security law,

7.

the Second Regulation implementing the Law for the Protection of Claims for the Balance of Load of 8 August 1949 (Official Journal of the Administration of the United Economic Area p. 233) as the second implementing regulation on the Mortgage security law,

8.

The Law on the Promotion of the Integration of Displaced Persons in Agriculture (Refugee Settlement Act) of 10 August 1949 (Law Gazer of the Administration of the United Economic Area p. 231) as a Refugee Settlement Act,

9.

The Third Law on the New Order of Money (conversion law) of 20 June 1948 (Law and Regulation sheet of the Economic Council of the United Economic Area 1948 Supplement 5 p. 13), taking into account the amending laws passed on to that effect as a conversion law,

10.

the valuation law of 16. October 1934 (Reichsgesetzbl. 1035), taking into account the amendments made by the Introductory Act to the Real Tax Law of 1 December 1936 (Reichsgesetzbl. 961) and the Law on the valuation of assets for the calendar years 1949 to 1951 (main assessment 1949) of 16 January 1952 (Federal Law Gazly I p. 22) as an evaluation law,

11.

The law on the opening balance sheet in the German mark and the resettlement of capital (D-market balance law) of 21 August 1949 (legal sheet of the administration of the United Economic Area p. 279) as amended by the law amending and supplementing the law The D-market balance law (D-market balance sheet law) of 28 December 1950 (Bundesgesetzbl. 811) as a D-market balance law,

12.

The Act amending and supplementing the D-market balance law (D-market balance sheet law) of 28 December 1950 (Bundesgesetzbl. 811) as a D-market supplement law,

13.

the First Housing Act in the version of the Notice dated 25 August 1953 (Bundesgesetzbl. 1047) and the Second Housing Act of 27 June 1956 (Bundesgesetzbl. 523) with the scope of application of § 50a as well as the Second Housing Act (Housing and Family Home Act) of 27 June 1956 (Bundesgesetzbl. 523), with the scope of application of Article 126 as applicable to the applicable housing law,

14.

the Federal Budget Order of August 19, 1969 (Federal Law Gazette). 1284) as a federal budget,

15.

The accounting regulations for the German Reich of 3 July 1929 (Reichsministerial Gazan p. 439) as the accounting regulations,

16.

the law on the detection of damage caused by the law of the war and the damage to the war (the law of the law) of 21 April 1952 (Federal Law Gazette). 237) in the version produced by the present Act as the Law of Arrest,

17.

The law to mitigate the hardship of the currency reform (Altsparergesetz) of 14 July 1953 (Bundesgesetzbl. 495) as an old-saving law,

18.

the law on the affairs of the displaced persons and refugees of 19 May 1953 (Federal Law Gazette). 201) as Federal Expellees Act,

19.

The Law on the Stundung of Emergency Aid and the Inflation Surcharges of 4 December 1951 (Bundesgesetzbl. 934) as an emergency aid adjustment act,

20.

The Law on the Supply of Victims of War (Federal Supply Act) of 20 December 1950 (Bundesgesetzbl. 791), taking into account the laws of change as a federal pension law,

21.

the Law on a Currency Compensation for Savings Credits of 27 March 1952 (Bundesgesetzbl. 213), taking into account the laws of amendment thereto, as the monetary compensatory act,

22.

the Federal Evacuated Law Act of 14 July 1953 (Federal Law Gazette). 586) as the Federal Evacuated Act,

23.

the law on the securing of evidence and the determination of property damage in the Soviet occupation zone of Germany and in the Soviet sector of Berlin (Evidence Warrant and Arrest Act-BFG) of 22 May 1965 (Bundesgesetzbl. 425), taking into account the laws of amendment thereto, as a law on the protection of evidence and the provision of evidence,

24.

the law on relief measures for Germans from the Soviet occupation zone of Germany and the Soviet-occupied sector of Berlin of 15 July 1965 (Federal Law Gazette). 612), taking into account the laws of amendment thereto as a refugee aid law,

25.

the law for the compensation of reparations, restitution, destruction and restitution damages (RepG) of 12 February 1969 (Federal Law Gazette). 105) as a reparation damage law.

(2) Where there are provisions in the countries of the French Occupation Zone and in the Bavarian counties of Lindau and in Berlin (West) which comply with the provisions referred to in paragraph 1, the reference to the provisions referred to in paragraph 1 shall include: Regulations also apply in the countries of the French occupation zone and in the Bavarian county of Lindau as well as in Berlin (West). Unofficial table of contents

§ 9 seat in Berlin (West)

The seat in Berlin (West) within the meaning of this law is a registered office in Berlin. However, a company which has its registered office in Berlin, but has its management in Germany outside the scope of the Basic Law including Berlin (West), does not apply as a company based in Berlin (West) within the meaning of this Act. Unofficial table of contents

§ 10 Deutsche Mark and Euro

(1) For the purposes of this Act, the Deutsche Mark is the Deutsche Mark of the Deutsche Bundesbank. (2) Euro within the meaning of the Act is the German mark provided for in Article 2 of Council Regulation (EC) No 974/98 of 3 May 1998 (OJ 1998 L 73, p. 1). EC No 1) in the Federal Republic of Germany. Unofficial table of contents

§ 11 Distribution

(1) The distributor is who, as a German national or a German national, is resident in the German eastern territories currently under foreign administration, or in the territories outside the borders of the German Reich, according to the It had lost its territory on 31 December 1937 in connection with the events of the Second World War as a result of expulsion, in particular by expulsion or flight. In the case of multiple domials, the place of residence must have been lost, which has been the determining factor for the personal circumstances of the person concerned. In particular, the place of residence in which the family members have resided is to be regarded as the determining place of residence within the meaning of the second sentence. (2) The person who is a German national or a German national is also a person who is a German national.

1.

after 30 January 1933, leave the territories referred to in paragraph 1 and took its place of residence outside the German Reich, because for reasons of political opposition to the National Socialism or for reasons of race, faith or Ideology of National Socialist violence against him has been perpetrated or threatened to be

2.

on the basis of the intergovernmental contracts concluded during the Second World War from outside Germany or during the same period on the basis of measures taken by German services from the territories occupied by the German Wehrmacht has been resettled (resettler),

3.

at the end of the general government action before 1 July 1990 or thereafter, by way of inclusion in accordance with the provisions of the First Title of the Third Section of the Bundesvertriebenengesetz (Bundesvertriebenengesetz), which are currently under foreign administration Germany's eastern territories, Gdansk, Estonia, Latvia, Lithuania, the Soviet Union, Poland, Czechoslovakia, Hungary, Romania, Bulgaria, Yugoslavia, Albania or China left or left, unless they have been expelled from these territories, and until 31 March 1952, to be returned there, after 8 May 1945, a residence in has justified these areas (Aussiedler),

4.

without having had a domiciate, having exercised his or her trade or profession in the territories referred to in paragraph 1, and having had to give up this activity as a result of expulsion,

5.

had lost his residence in the territories referred to in paragraph 1 in accordance with Section 10 of the Civil Code by marriage, but had retained his permanent residence there and had to give up the same as a result of expulsion,

6.

in the territories referred to in paragraph 1, as a child of a wife falling under the age of 5, in accordance with Article 11 of the Civil Code, he or she had no residence but had a permanent residence and had to abandon it as a result of an expulsion.

(3) Persons who, without being a German national or a German national, are the spouse of a displaced person or in the cases referred to in paragraph 2 (5) as the spouse of a German national, shall also be considered as displaced persons. (4) Those who have taken a stay in the territories referred to in paragraph 1 as a result of the effects of the war shall, however, be displaced only if they are not the circumstances of the war in these areas, even after the war, I wanted to settle. Unofficial table of contents

§ 12 Vertfriction damages

(1) The damage caused by the expultions within the meaning of this Act is, under the conditions set out in paragraph 2, damage to an expellete in connection with the persons of German nationality or nationality. In the case of the German eastern territories under foreign administration or in the territories outside the borders of the German Reich, according to the territory of December 31, 1937, the measures to be taken against the law were to be taken into account.

1.

in the case of economic goods belonging to agricultural and forestry assets, to the basic assets or to the operating assets as defined in the valuation law,

2.

in the following economic goods, where they are not covered by point 1:

a)

to objects required for the exercise of the profession or for scientific research,

b)

to house councils,

c)

of Reichsmarksavings deposits,

d)

in other private-legal monetary claims as Reichsmarkspareinlagen, if their evaluation according to § 4, § 5 (1) and § 8 of the valuation law was permissible,

e)

in shares in capital companies as well as on business assets in the case of acquisitions and economic cooperatives,

f)

in the case of industrial authorities within the meaning of the valuation law,

g)

literary and artistic copyrights, intellectual property rights and unprotected inventions, as well as licenses for such rights and inventions,

3.

as a loss of housing,

4.

as a loss of professional or other livelihood.

(2) The damage referred to in paragraph 1 shall be subject to a risk of expelation only if:

1.

in the cases referred to in paragraph 1 (1) and (2) (a), (b) and (f), the economic good in the displaced territory of the displaced person;

2.

in the cases referred to in paragraph 1 (2) (c) and (d) of the debtor and the creditor, the place of residence or registered office (in the case of financial institutions: the principal or branch office) in the same area of displacement or the property in which a claim is made in the territory of the creditor ' s area of the creditor ' s contract of use;

3.

in the cases referred to in paragraph 1 (2) (e), both the company or the cooperative and the shareholder had the registered office or place of residence in the same area of the transfer;

4.

in the cases referred to in paragraph 1 (2) (g), the copyrights, property rights, inventions and licences have been recovered following the removal of the displaced persons in the territory of the displaced persons;

5.

in the cases referred to in paragraph 1 (3) and (4) of the displaced persons, the housing or the professional or other means of existence in its territory.

The territory of the State from which the displaced person has been expelled shall be the territory of the State from which the displaced person has been expelled; the whole of the territories referred to in paragraph 1, which shall become the German Reich or the Austro-Hungarian Empire on 1 January 1914. Monarchy or, at a later stage, Poland, Estonia, Latvia or Lithuania, is considered to be a single area of reference. By means of a legislative decree, it can be determined that areas of other States, between which, in particular because of the geographical situation, the economic interdependence or the historical development, have had special relationships, it may be determined that: (3) losses in ships registered in a register of ships in the voyage (second sentence of paragraph 2) are considered to have been incurred in this area. (4) The damage caused by the war is also subject to war damage (§ 3). 13) to a displaced person in the area of the abortion (second sentence of paragraph 2) (5) In the case of a person who is considered to be a displaced person for political persecution (Section 11 (2) (1)), the damage to the expulsion is only one of the losses incurred in connection with the expulsion measures (paragraph 1) or a damage caused by a person who has been expelled from the country of the expulsion. (6) In the case of a resettler (Section 11 (2) (2)), the loss of the assets which has been assigned to him as a substitute for the assets left in the country of origin shall not be considered to be a damage to the transfer of property. (6a) Damage to the expo is also a damage to a settler (Section 11 (2) (3)) before 1 January 1992. in connection with the settlement. (7) Damage in connection with the assets of a German national or a German national who died after the beginning of the general transfer measures in the field of expelation. the measures to be carried out or as a result of the war shall be deemed to have been incurred

1.

as long as he had already occurred at the time of death, as the late death of the deceased,

2.

in accordance with the conditions laid down in the inheritance, as a result of the displacement of the heirs who have been expelled from the territory of the deceased after the death of the deceased.

It is a condition for the deceased to have had his permanent residence since the beginning of the general recovery measures in the territory of the Vertfriction, or to have returned there after his expulsion until 31 March 1952. In the event of death before 1 April 1952, it is presumed that the damage was caused to the deceased, in so far as the deceased did not exercise the actual power of disposal over his property until his death. (8) The damage also applies to the damage caused by the death of the person. Damage to a German national or to a German national in the uniform distribution area referred to in the second sentence of paragraph 2, second sentence, outside the German eastern territories currently under foreign administration in the the relationship with the expletion measures or as a matter of war damage has arisen; provided that he moved his residence from that territory to the territory of the German Reich (territorial status of 31 December 1937) after 31 December 1937 and before the beginning of the general government measures. (9) As a monetary inlay at a financial institution (2) A cash contribution shall also apply to a major or branch office of a financial institution located in the area of a municipality crossed by the Oder-Neisse line. (10) As a percentage of an institution of a financial institution, the institution shall also be entitled to a financial contribution. The company or cooperative established in the territory of the Vertfriction (paragraph 2 (3)) shall also apply to: Share of a capital company or of an acquisition and economic cooperative which had its head office in the territory of the German Reich after the territory of 31 December 1937 to the west of the Oder-Neisse line, its management and all its operating facilities but they were in the area of the Vertfriction. (11) The damage caused by the expletion is considered to have occurred

1.

at the time when they have left the German eastern territories under foreign administration or the territory of the State from which they have been expelled, at the time when they have been expelled,

2.

in the cases referred to in paragraph 7, point 1, at the time of death,

3.

in the cases referred to in paragraph 8, section 11 (2) (1) and (2), and in the case of persons who have not been able to return to their place of residence in the territory of the Vertfriction, on 8 May 1945, the date of that date shall be replaced by persons who have died on 8 May 1945, the date of death, if at that time the return to the territory of the Vertfriction was no longer possible due to the action of the expletion.

(12) If other economic goods are left in a settlement area (Section 11 (2) no. 3) in the right of disposal as a household councor after 31 March 1952, the damage to these economic goods shall not be deemed to be a damage to the property. any loss of entitlement to benefits which are normally agreed upon in the course of the transfer of assets by way of the anticipated inheritance in favour of the lender; shall be incurred in the person of the person of the Any person or his heir shall be deemed to have been subject to a risk of expletion, these benefits shall (13) War on an economic good within the meaning of paragraph 1 (1) and (2) (a) and (2) (a) and (c) to (g) resulted in a damage to the property, an East damage or a damage within the meaning of Article 2 (1) (1) of the Reparation Damage Act, the to a subsequent acquirer of that estate or its heirs or other heirs, unless it is a swap, only to take account of the damage caused by the expletion

1.

an actual purchase price, which is not in the assumption of liabilities, as a damage to a private-sector monetary value,

2.

the increase in the value of the acquired economic asset as a result of the use of its own resources as a damage to the economic good.

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Section 13 War damage

(1) War damage in the sense of this law is a damage caused directly by acts of war in the period from 26 August 1939 to 31 July 1945

1.

in the case of economic goods belonging to agricultural and forestry assets, to the basic assets or to the operating assets as defined in the valuation law,

2.

in the following economic goods, where they are not covered by point 1:

a)

to objects required for the exercise of the profession or for scientific research,

b)

to house councils,

3.

as a loss of housing,

4.

as a loss of professional or other livelihood.

(2) War acts within the meaning of paragraph 1 shall be

1.

the action of weapons or other means of combat or the military measures directly related thereto,

2.

the damage, the removal or the looting of property, which is linked to warrior events, in the areas directly threatened or occupied by the opponent,

3.

the deprivation of possession of a ship by hostile acts and its self-reduction when it has taken place, in order to escape the hostile application.

(3) The damage caused by the war shall also be caused by damage, destruction or removal of property on the basis of official measures taken in connection with the events of the war. Unofficial table of contents

Section 14 East damage

(1) A damage to the East within the meaning of this Act is a damage to the German eastern territories currently under foreign administration in connection with the events of the Second World War by property confiscation or as war property damage (§ 13) in the case of economic goods of the kind referred to in § 12 (1) (1), (2) (a) to (f) and (4), provided that this is not a damage caused by a spate of property. The damage to the East is caused by the fact that, in the case of deaths which occurred before 1 January 1969, the heirs to the heirs in the German eastern territories under foreign administration are affected by the inheritance of the economic assets of those in the first sentence of 1 January 1969. shall be refused or denied in so far as the deceased has not been taken away. However, in the case of the second sentence, there is no prejudice to the extent to which, on the basis of subsequent legal declarations, the proportion of the earths has been transferred to a co-heir; the transferred economic goods shall be transferred to the co-heir or to his heirs , there is a damage in the person's person. In the event of damage to the kind referred to in § 12 (1) (2) (c) and (d), the debtor must, in the event of damage to the type referred to in § 12 (1) (2) (e), the capital company or the acquisition and economic cooperative at the beginning of the In the case of financial institutions, general terms and conditions of implementation of the general terms and conditions of application (in the case of financial institutions: the principal or branch office) have been in the German eastern territories currently under foreign administration; in the case of claims secured in rem, § 12 para. 2 no. 2, in the case of money deposits at a financial institution § 12 para. 9 and in the case of shares in a company or Cooperative § 12 (10). § 12 (12) and (13) shall apply accordingly. (2) Losses of ships registered in a register of ships in the Eastern Territories shall be deemed to have been incurred in the Eastern Territories. (3) The damage to the East shall be deemed to have occurred on 8 May 1945, in the cases referred to in paragraph 1 Sentence 2 as occurred at the time of death of the deceased. Unofficial table of contents

Section 15 Savings and savings

(1) A savings bank is the reduction of the nominal value of savings, which has occurred in that the savings investments in the reorganization of the monetary system within the scope of the Basic Law including Berlin (West) in the ratio of 10 to 1 or in (2) Spares within the meaning of paragraph 1 are not converted to Deutsche Mark (German mark) or (2) are not converted to Deutsche Mark.

1.

Savings deposits within the meaning of § 22 of the Law on the Credit Esen of 25 September 1939 (Reichsgesetzbl. 1955), including the postal savings deposits, in so far as the savings deposits have not only been justified after the date of the introduction of the Deutsche Mark by credit on the basis of cash deposits, and also including the savings in building savings,

2.

Pfandbriefe, pension letters, municipal bonds and other debt securities issued by basic credit institutions, municipal credit institutions, ship's lending banks and redeeming institutions, regardless of whether or not in the The entry into a debtor's book has been replaced by the issue of the issue of a debtor's prescription,

3.

debt securities and interest-bearing Treasury notes of the Reich and of the Länder, the Reichsbahn and the Reichspost, the municipalities and the municipal associations, including the debtor claims and the claims on preferential pension,

4.

Industrial and similar debt securities,

5.

claims arising from life insurance contracts,

6.

Private-law claims secured by the appointment of fundamental rights, in so far as these are not claims arising from current account.

The savings deposits referred to in paragraph 1 shall be subject to deposits of funds for which a notice of termination or investment has been agreed, provided that they have been issued for storage or equivalent documents, into the deposits of deposits and deposits, and Payments were only allowed to be made by the financial institution. (3) A savings bank will be charged with the cessation of the payment of Reichssubsidies to small pensioners as well as the cessation of pension payments, which are made up of Reichsremedies to compensate for the first World War II was granted to liquidations and violence, (4) By means of a legal regulation, other investments may be equated with the savings schemes referred to in paragraph 2, provided that they have served the capital investment or the supply. Unofficial table of contents

§ 15a Zone damage

(1) A zone damage within the meaning of this Act is a property damage incurred in the damage area (Section 3 (1) of the Evidence Warrant and Arrest Warrant)

1.

as damage within the meaning of Section 3 (1) (1) of the Evidence Warrant and Arrest Warrant,

2.

as damage which could be taken into account in accordance with the provisions of the Reparation Damage Act, if the territorial restrictions of Section 12 of the Law on Rereparation of the Reparation Damage Act are not contrary to the law,

3.

as the damage caused by the war within the meaning of § 13, which could be determined in accordance with the provisions of the Law on the Law of Arrest, if it had occurred within the scope of this Act,

4.

as the damage of a persecuted person by deprivation due to measures taken by the National Socialist tyrannity.

(2) A damage must have occurred

1.

in the case of economic goods belonging to agricultural and forestry assets, to the basic assets or to the operating assets as defined in the valuation law,

2.

in the following economic goods, where they are not covered by point 1:

a)

Articles which are necessary for the exercise of the profession or for scientific research, as well as to these pursuant to Section 15 (2) of the Law on Arrest and the Thirteenth Ordination on the Implementation of the Law on the Arrest of 8 November 1960 (Bundesgesetzbl. 838) of their own products,

b)

on private-law monetary claims, provided that their valuation was permissible in accordance with § § 4, 5 (1) and § 8 of the valuation law,

c)

in shares in capital companies or in the business assets of members of cooperatives,

d)

in the case of industrial authorities within the meaning of the valuation law,

e)

literary and artistic copyrights, industrial property rights and unprotected inventions, as well as licenses for such rights and inventions, insofar as they have been used in the field of damage after the loss of the damage.

(3) In the event of damage to an economic item within the meaning of paragraph 2, a later acquirer of that asset or its heirs or other heirs shall be deemed to be the only person to be subject to an exchange of damage. take into account

1.

an actual purchase price, which is not in the assumption of liabilities, as a damage to a private-sector monetary value,

2.

the increase in the value of the economic asset acquired as a result of the use of its own resources as a damage to the economic good.

(4) A damage caused to the property of a deceased person in the area of damage shall be deemed to have been

1.

insofar as it had already occurred at the time of death, as zone damage to the deceased,

2.

in addition, in accordance with the inheritance, as zone damage of the heirs.

Part two
Countervailing charges

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§ § 16 to 227 ----

Eighth section

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Section 227a Application of the second part for the period after 31 December 2001

For the calculation of the countervailing charges under this Act, the Deutsche Mark shall continue to be calculated as the calculation size after 31 December 2001. The result is the re-establishment of compensatory charges with the irrevocably fixed conversion rate laid down in Council Regulation (EC) No 2866/98 of 31 December 1998 (OJ L 327, 31.12.1998, p. EC No 1) on the conversion rates between the euro and the Member States which adopt the euro in euro.

Part Three
Compensation

First section
General provisions

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Section 228 Claims for damages

(1) Compensation benefits under the third part of this Act shall be granted on the basis of:

1.

Damage to terms of damage (§ 12),

2.

Damage to the war (§ 13),

3.

East damage (§ 14),

4.

Savings damages (§ 15),

5.

Zone damage (§ 15a).

(2) Compensation services due to damage caused by the war are only granted if they have been created within the scope of the Basic Law or in Berlin (West); in the event of war damage caused by the shipping, § 39 para. 1 no. 1 shall apply. The damage caused by war events to domestic councils, which has been transferred from these territories for war-related reasons, shall also be regarded as the damage to the war caused by war events, as long as the damage to the war has been caused by war events, provided that the The owner has retained his/her permanent residence within the scope of the Basic Law or in Berlin (West), or has returned there as an evacuate until the Federal Evacuated Law Act (Bundesevakuiertengesetz) has become effective, or in accordance with the provisions of the Federal evacuating law returns. (3) compensatory benefits can be used to mitigate hardship shall also be granted in accordance with § § 301, 301a. Unofficial table of contents

Section 229 Injured

(1) Compensation shall be granted in accordance with the provisions of this Act to injured parties, to the heirs of injured parties or to victims of the victims. The injured party shall be deemed to be the directly injured person and, if he died before 1 April 1952, those persons who were his heirs or other heirs on 1 April 1952; is in the cases of § 12 (7) (1) or (15a) (4) (1) the injured person died after 31 March 1952 and before 1 January 1993, his heirs were deemed to be the injured person. If the immediately injured person is a heir to a deceased person who died before the date of entry, and if the post-succession occurred before 1 April 1952, the damage to the assets under the succession shall be deemed to be the victim of the damage suffered by the Legacy and, if it died before 1 April 1952, those persons who were his heirs or other heirs on 1 April 1952. With regard to the damage to the war damage caused by land and forestry assets, basic assets or operating assets, and with regard to the damage caused to operational assets, damage to the East and to the damage to the zone, the succession shall be subject to the following: Acquisition of such assets in the lifetime of the immediately injured person (2) In the event of damage to property, the person who owns or is the owner of the property at the time of the loss of the damage is directly injured. In the cases referred to in Article 14 (1) sentence 2, the following shall be deemed to be directly applicable: The victim of the inheritance or the one who would have become heir without a legacy of the inheritance. If the destroyed, damaged or lost assets are or would be attributable to the assets of another person when applying Article 39 (2) of the Tax Code, that person shall be directly injured. (3) The claimant may only be a victim of a person's property. natural person. Unofficial table of contents

§ 230 Date of reference

(1) The injured party can only claim damages if he/she has had his permanent residence within the scope of the Basic Law or in Berlin (West) on 31 December 1952. The person who has had his permanent residence in the scope of the Basic Law, including Berlin (West), on 31 December 1950, or who has been staying in this area since the end of the damage and before 31 December 1950, has been treated as an equivalent. He had moved from there to a state which did not belong to the areas of settlement (§ 11 para. 2 no. 3). In addition, anyone who has failed to comply with the principles of humanity or the rule of law from the Soviet occupation zone of Germany or from the Soviet sector of Berlin without being in breach of the principles of humanity or the rule of law shall be treated in the same way as He or she has had his permanent residence within the scope of the Basic Law (Grundgesetz) or in Berlin (West) on 31 December 1961 or 31 December 1964, or has been granted a similar procedure. The condition set out in the first sentence shall be deemed to have been fulfilled even if the injured party

1.

had his permanent residence abroad on 31 December 1952, and

2.

It has been shown that, in good time before that date, he tried to take his permanent residence within the scope of the Basic Law or in Berlin (West), but was prevented from taking the actual stay by the fact that he or she was prevented from staying in the territory of the West. the necessary documents have not been handed out in good time; and

3.

after handing out these documents, has immediately taken his permanent residence within the scope of the Basic Law or in Berlin (West).

(2) If the conditions set out in paragraph 1 are not met, an injured person may only claim a damage to the property if, after 31 December 1952 and before 1 January 1993, he/she is permanently resident within the scope of the Basic Law or in Berlin (West) has taken

1.

no later than six months after the date on which he has left the German eastern territories under foreign administration or the territory of the State from which he or she has been displaced or resettled, or

2.

before 28 December 1991 as a home turf in accordance with the provisions of the Heimreversing Act of 19 June 1950 (BGBl. 221), as amended, or

3.

as a Soviet-zone refugee (§ 3 of the Federal Law on Displaced Persons) or as a returned evacuate within the meaning of the Federal Evacuated Act (Bundesevakuiertengesetz), or

4.

by way of family reunification with a person falling within the number 1, 2 or 3 or in paragraph 1. Reunification shall be considered as a family reunification

a)

of spouses,

b)

of underage children to their parents,

c)

of parents in need of assistance to children, taking into account children in the age of children, even if the only or last child is deceased or has disappeared,

d)

of needy grandparents to grandchildren,

e)

children from full-age or in education to their parents,

f)

of underage children to the grandparents, if the parents no longer live or can't take on their own,

g)

of underage children to relatives of the sidelines to the third degree, if the relative ascending line no longer lives or can not assume their own,

h)

Those who are in need of assistance to relatives of the sidelines to the third degree, if closer relatives are no longer able to live or take on their own.

Who's the 65. It is always considered to be in need of assistance, provided that he has not received sufficient care in the previous residential area and has not been able to receive it. Family reunification must be carried out by 31 December 1961 at the latest when foreign countries are in the process of being brought to the country.

In the case of the period referred to in point 1, such periods shall not be included in which a displaced person, after leaving one of the States referred to in Article 11 (2) (3) from which he has been expelled or resettled, shall be present in another of the States referred to in Article 11 (2) (3). Member States shall not, nor shall they have any such periods in which he or a member of his family who has been relocated with him has been sick and consequently unable to continue the journey as a result of the resettlement, as well as periods during which he or she was not in a position to continue the journey. or a family member with him in the Soviet occupation zone Germany, or in the Soviet sector of Berlin for reasons not to be represented, has been forcibly detained; the period referred to in point 1 shall also be deemed to have been respected if a displaced person after the expulsion or resettlement has taken place in the Soviet occupation zone of Germany or in the Soviet sector of Berlin or in a State whose services for damage within the meaning of this Act the Federal Republic of Germany does not receive any financial expenses due to special contracts contributes, has stopped and demonstrably tried to keep up with the time of the expiry of the deadline to take a stay within the scope of this Act, but was prevented from being handed over to the documents required for further travel in good time and, after being handed out, he shall immediately be handed over to his/her permanent documents. (3) Without regard to the date referred to in paragraph 1, an injured person may claim a damage to the property if he or she is a member of the public service before 31 December. 1952 his permanent residence within the scope of the Basic Law or in Berlin (4) If the injured party is a prisoner of war or a prisoner within the meaning of the "Heimkehrergesetz" or as a prisoner of war in a forced employment relationship following the imprisonment of war , his heirs may claim the damage to the material to the extent that they meet the conditions set out in paragraphs 1 to 3 in their person before 28 December 1991. If an injured person with permanent residence in the Soviet occupation zone of Germany or in the Soviet sector has died from Berlin before 1 January 1965, his heirs or other heirs may be present on 31 December 1964. (5) In the event of damage to the East, paragraphs 1 to 4, in the event of damage to the zone, shall be referred to in paragraphs 1 to 3 and 4, sentence 1. (6) In the case of savings in debt securities and interest-bearing The Treasury notes of the Reich, the Reichsbahn, the Reichspost and the Land of Prussia, including the debtor claims and the claims for preferential pension (§ 15 para. 2 no. 3) as well as savings damages within the meaning of section 15 (3), are to be found in paragraphs 1 to 3. 3 appropriate use. Unofficial table of contents

§ 230a Special personal requirements

(1) Damage outside the scope of this Act must have been incurred by a person who, at the time of the injury,

1.

German nationals

2.

as a German national, he or she had no nationality or only that of a State in whose territory the person referred to was subject to displacement or equalisation measures against that person on account of their German nationality.

(2) Persons under the laws governing matters of nationality of 22 February 1955 (Bundesgesetzbl. 65), as last amended by the Law of 28 December 1959 (Bundesgesetzbl. 829), and 17 May 1956 (Bundesgesetzbl. 431) shall not be considered to be German nationals within the meaning of paragraph 1 (1) if they have knocked out German nationality in accordance with those laws or have not regained them retroactively, unless they have been German citizenship on 1 January 1967 for other reasons. If an immediate claimant belongs to the group of persons falling under the laws referred to above, before the date of entry into force or before the expiry of the period of declaration which it shall determine, the heirs of the person concerned shall be subject to the (3) Damage outside the scope of this Act shall remain in force at the time of the inheritance, or have been repurchased by declaration, or have been possessed on 1 January 1967 for other reasons. shall not be taken into account if the person directly injured after the date of injury and before Fulfilment of the requirements of § 230 has acquired a foreign nationality; if the immediately injured person is deceased without having fulfilled the requirements of § 230 and without having acquired a foreign nationality, his damages shall remain shall not be taken into account in the case of heirs who, for their part, have a foreign nationality or have acquired them before fulfilling the conditions laid down in § 230. The first sentence shall not apply where the State of which the person directly injured or possessed or acquired the heir has acquired or acquired neither the provision of benefits or any other means of reducing the damage to the person or the person who has acquired or acquired the heritage of the person directly injured or has acquired the property , and the Federal Republic of Germany does not contribute to the granting of benefits for the purposes of this Act by any financial expenses incurred in connection with special contracts. Sentence 1 shall also not be applied in the event of damage caused to the persecuted economic goods (Section 359 (2)). (4) Article 4 of the Act of 27 November 1961 between the Federal Republic of Germany and the Republic of Germany Austria for the settlement of damage to the displaced persons, resettlers and persecuted persons, further financial questions and questions arising from the social sector (financial and compensation contract) of 21 August 1962 (Bundesgesetzbl. II p. 1041) shall remain unaffected. Unofficial table of contents

Section 231 Legal nature of compensation

Granted

1.

Compensation with legal claim,

2.

Compensation without legal claim.

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Section 232 Compensation benefits with legal claim

(1) Compensation benefits with legal entitlement shall be granted

1.

Main damage (§ § 243 to 252),

2.

War damage pension (§ § 261 to 292c),

3.

Household rattles (§ § 293 to 297),

4.

Compensation in the currency compensation for resellers ' savings (§ 304),

5.

Compensation in accordance with the Altsparergesetz.

(2) The legal claim shall be deemed to have been established on 1 April 1952 in the person of the injured party (§ 229); in the cases referred to in paragraph 1 (4) and (5), the corresponding provisions of the Monetary Equalization Act and the Altsparergesetz shall apply in this respect. Unofficial table of contents

Section 233 Compensation without legal claim

(1) As compensation without any legal entitlement shall be granted on the basis of the available funds

1.

Integration loans (§ § 253 to 260),

2.

Housing assistance (§ § § 298 to 300),

3.

Hardcover services (§ § 301, 301a),

4.

Services provided on the basis of other support measures (§ § 302, 303).

(2) Compensation without any legal claim can also be granted to heirs of injured parties. Unofficial table of contents

§ 233a statute of limitations

(1) Claims for the fulfilment or payment of compensation shall be granted in four years. The claims shall be extinguishable by the limitation period. (2) For one-off services, the limitation period shall begin at the end of the calendar year in which the decision on which the claim is based has become indisputable; shall be entitled to a number of partial amounts , this shall apply to each partial amount. In the case of death grants, the end of the calendar year in which the death occurred is decisive. The limitation period of a claim for principal compensation to which a building loan or an ongoing benefit is to be counted shall begin at the end of the calendar year in which the notice of payment has become indisputable or final. (3) In the case of the period of limitation shall commencing with the end of the calendar year in which the current payment has become due; for repayments, the second sentence of paragraph 2 shall apply. (4) For the purpose of the suspension and the interruption of the limitation period, the following shall apply: The provisions of the Civil Code shall apply mutatily. (5) Until 31 July 1996 in place of paragraphs 1 to 4, the provisions of the Civil Code on the statute of limitations. Unofficial table of contents

Section 234 Request

(1) Compensation shall be granted only upon application. (2) If the injured party is in a prisoner of war or is imprisoned outside the scope of the Basic Law or in Berlin (West) or after the war captivity The following shall be entitled, until 31 December 1970, to apply for principal compensation and household allowance for him or her in a forced employment relationship or to apply for a household allowance for him or her

1.

the spouse,

2.

if a spouse does not exist, any descendant,

3.

if neither a spouse nor the offspring are present, any parent.

The application may be made only if the applicant fulfils the conditions laid down in § 230, if the damage caused by the damage, damage to the east or the damage to the zone is claimed. Section 230 (4) remains unaffected. If, after the submission of the application, the conditions set out in § 230 (4) are fulfilled, the rights arising from the application shall be applied to the heirs. However, in so far as it has been paid in advance to the applicant, it will have to be paid in advance. (3) Applications for principal compensation and compensation for domestic payments can only be made up to the end of two years after the end of the application for the application for the application. Determination of the damage according to § 28 (2) of the German Arrest Warrant and in accordance with Section 30 (3) of the Evidence Warrant and Arrest Warrant are to be set in each case by the relevant deadline. In the case of applicants for which damage is first established after 31 December 1971 or damage under the Evidence Warrant and Arrest Warrant for the first time after 31 December 1973, the time limit for the claimant shall expire. Application for main indemnification at the earliest one year after the end of the month in which the decision on the determination of the claim becomes indisputable or becomes final. (4) Applications for compensation can be made subject to § 264 (2) sentence 2 no. 2 and the third sentence of section 265 (4), sentence 3, shall be made only until 31 December 1995, However, three years after the entrance of the application. The second sentence of paragraph 3 and the provisions of this Act, in which the expiry of application periods shall be determined before the date on which the first sentence is set, shall remain unaffected.

Second section
Detection of damage

First Title
Principles

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Section 235 Claims determination as a condition of compensation

Compensation to which a legal claim exists under this Act shall be granted only if the damage has been established. Unofficial table of contents

§ 236 Claim of the Claim according to the Law of Arrest and the Evidence Warrant and Arrest Warrant

In the event of damage within the meaning of § § 3 to 5 of the Law on the Arrest of Evidence and in the case of damage within the meaning of the Second Section of the Evidence Warrant and Arrest Warrant, the determination of the damage shall be a condition for the granting of Compensation with legal claim. This claim determination is binding. Unofficial table of contents

Section 237 Failure to determine claims outside the law on the determination of claims

(1) The determination in accordance with the special provisions of this law shall be subject to

1.

Damage to property, damage to the war and damage to the East caused by loss of professional or other livelihood (§ 12 (1) No. 4, § 13 (1) (4), § 14),

2.

Savings damages (§ 15).

(2) Savings damage, the amount of which does not exceed 500 Reichsmarks, shall not be established. (3) Insofar as the damage referred to in paragraph 1 is subject to the condition for the granting of compensation, the request for grant shall be deemed to have been granted. such compensation at the same time as a request for the determination of the damage. A separate request for a determination of the damage shall be excluded in these cases.

Second Title
Claim calculation

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Section 238 Claims calculation in accordance with the law on the determination of evidence and the law on the protection of evidence and the determination of the law

The provisions of these laws apply to the calculation of damages, which are to be determined in accordance with the law on the determination of the evidence or the law on the proof of proof and the law of the determination of the evidence. Unofficial table of contents

Section 239 Claims calculation in case of loss of professional or other livelihood

(1) In the event of the loss of professional or other livelihood (Section 12 (1) No. 4, Section 13 (1) No. 4, § 14) of the damage caused to an expelled, war-affected or East-damaged person by the loss of professional or other subsistence basis, the income , the immediate injured person and his/her spouse, on average in 1937, 1938 and 1939, have been lost due to the injury; in the event that the person directly injured and his spouse only acquired income after 1937 , in 1937, 1938 and 1939, the three years that follow the year in which they are have first acquired income. Where documents relating to the income determined in accordance with the first sentence are not available, the profession of the injured party shall be deemed to be at the time of injury. A non-professional use caused by the conditions of war or by measures taken by the National Socialist dictatorship is not taken into account in the calculation of the damage. On request, income shall be deemed to be on average in 1939 and 1940 or in 1940 and 1941, if the injured person has his professional or other basis of existence in the second sentence of Article 12 (2), second sentence. (2) The income referred to in paragraph 1 shall not apply to public service benefits. Losses lost due to the damage, which did not exceed 35 Reichsmarks per month, are not detected. In the case of displaced persons who have not been able to pay for their livelihood wholly or predominantly from public services, it is assumed that they have lost their professional or other livelihood as a result of the injury. (3) By Regulation on the calculation and proof of income as well as on the income guidelines for the individual occupational groups are laid down. Unofficial table of contents

§ 240 Claims calculation in the case of savings

(1) Savings shops shall be subject to the nominal value of the Reichsmark of the claim affected by the changeover, less the amount of the conversion. Savings damages against the Reich, the Reichsbahn and the Reichspost, as well as the Land Prussia, are to be applied with the full amount of the Reichsmarknominal. (2) By means of the legal regulation, the determination of the nominal value of the Reichsmarksnominal shall be approximated. A claim for which the nominal value of the Reichsmark is not fixed without further ado. Unofficial table of contents

Section 241

(dropped) Unofficial table of contents

Section 242 Summary of individual findings

For the purposes of the granting of compensation, the damage to be taken into account for the granting of compensation in each case shall be summarised as a result of the direct damage suffered.

Third Section
Main damage

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Section 243 Conditions

The main damage shall be granted for the repayment of

1.

Damage to property, damage to the war and damage to the East in respect of economic goods belonging to the agricultural and forestry assets, to the basic assets or to the operating assets as defined in the Evaluation Act, and to objects for the purposes of the are required to practise their profession or scientific research;

2.

Damage and damage to the East German Reichsmarksavings deposits, other private-sector monetary claims, industrial property rights in the sense of the valuation law as well as shares in corporations and business assets in the case of acquisitions and acquisitions Economic cooperatives, in so far as they are not Reichsmarksavers, from which compensation is granted in exchange for the exchange of savings for the savings of the displaced persons,

3.

Damage to literary and artistic copyrights, intellectual property rights and unprotected inventions, as well as to licences for such rights and inventions,

4.

Zone damage.

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§ 244 Transferability

Subject to § § 258, 278a, 283 and 283a, the right to principal compensation shall be hereditary and transferable, but shall not be subject to compulsory enforcement in the person of the injured party. If the injured person is the victim of a deceased person who died before the occurrence of damage or before 1 April 1952, the right to principal compensation shall, in so far as he is based on damage to the assets subject to a succession of succession, shall be subject to the admission of the injured person. Inheritance on the afterheirs or heirs thereof; the right to principal indemnification is based only in part on damage to the assets under a succession of succession, it shall be divided in proportion to the amounts of damage to each other according to § 245 for the damage caused to the various assets. The right to the Treasury as legal heir is only to the extent that it cannot be satisfied without its compliance with the obligations of the remission. Unofficial table of contents

§ 245 Damage amount

For the assessment of the main compensation, the damage detected by the directly injured person (§ 243), subject to § 249a, shall be combined to form a claim amount. The following shall apply:

1.

Damage to agricultural and forestry assets should be increased by a one-third increase.

2.

In the event of injury, damage to the East, and damage to the territory of the country and forestry, as well as to basic assets, the long-term liabilities identified at the time of the damage to this property in economic terms shall be were, or were in the position of, secured by their half-determined amount.

3.

Financial liabilities of land and forestry assets and of basic assets are liabilities that have been secured by basic rights to land of the damaged economic entity, or on their basic debt. or to discontinue pension liabilities with half of the amount by which the mortgage profit provided on the basis of these liabilities has been reduced in accordance with § 100.

4.

Damage to the property of the Reich and to other private-law monetary claims shall be subject to the amount by which it applies to the application of the provisions applicable to the scope of the Basic Law. Conversion regulations would have been converted to Deutsche Mark. By means of a legal regulation, deviating rights may be determined for claims in such currencies which were not subject to a currency default comparable to the conversion ratio of the Reichsmark until 31 March 1952; the same applies to claims in such currencies for which provision is made in accordance with Section 20 (2) (3) or (2) of the Arrest Act.

5.

Zoning damage to private-legal monetary claims must be applied,

a)

if they had been found to be in the Reichsmark, the amount by which they would have been converted to Deutsche Mark of the Deutsche Notenbank; for claims from purchase prices within the meaning of section 15a (3) no. 1, a conversion ratio of 100 to 10 on the basis of

b)

in addition to the amount determined.

If damage has been found in another German currency as a Reichsmark, it shall be regarded as unchanged as the Reichsmark for the summary of the amount of the damage after the application of points 1 to 5. Unofficial table of contents

Section 246 Damage groups and basic amounts

(1) As a result of the damage assessment, the directly injured person shall be classified in one of the subsequent claims groups. The main compensation is based on a basic amount corresponding to the damage group to which the directly injured party has been classified. (2) The following categories of damage are set up and the following basic amounts are fixed:
Claims group Damage amount in Reichsmark RM Basic amount in euro EURtherein-included amount EUR 1 2 34

1	to	5.000	the amount of the damage, set with the divisor 1,95583 in euros, at the most	2,454,20
2	to	5.500		2,633,15	-
3	to	6.200		2,837,67	-
4	to	7.200		3.118.88	-
5	to	8.500		3,630,17	153.39
6	to	10.000		4.115.90	230.08
7	to	12.000		4,652,76	281,21
8	to	14.000		5,240,74	357.90
9	to	16.000		5.752.03	460.16
10	to	18.000		6.212,20	562,42
11	to	20.000		6,672,36	664,68
12	to	23.000		7.055.83	690.24
13	to	26.000		7,490,43	715.81
14	to	29.000		7.873.89	715.81
15	to	32.000		8.257.36	766.94
16	to	36.000		8.666.40	818.07
17	to	40.000		9.024.30	818.07
18	to	44.000		9.331.08	818.07
19	to	48.000		9,637,85	869,20
20	to	53.000		9.919.06	920.33
21	to	58.000		10.225,84	971.45
22	to	63.000		10.532.61	1,022,58
23	to	68.000		10.839,39	1,073,71
24	to	74.000		11.171.73	1,124,84
25	to	80.000		11.529.63	1,175,97
26	to	86.000		11.887.54	1.227,10
27	to	93.000		12.271.01	1,278,23
28	to	100.000		12,680,04	1,329,36
29	to	110.000		13.165.77	1,380,49
30	to	2.000.000		13.165.77	1,431,62
			+ 10% of the amount of damage surpassed by the 110,000 RM, with the divisor 1,95583 in euros
31	over	2.000.000		109,799,93	1,431,62
			+ 6.5% of the amount of damage surpassed 2,000,000 RM, fixed with the divisor 1,95583 in euro

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Section 247 Division of the basic amount

The basic amount, which is attributable to the amount of damage calculated for the immediately injured person, shall be divided among the heirs (section 229, para. 1) according to the relationship of their inheritance, if the immediately injured person died before 1 April 1952. In the cases of Section 12 (7) (1) and (15a) (4) (1), this shall also apply if the immediately injured person has died after 31 March 1952; in the cases of § 230 (4), the first sentence shall also apply to the allocation of the basic amount to the The victim of the injured party. Unofficial table of contents

§ 248 supplement to the basic amount

The resulting basic amount for the injured party pursuant to § § 246, 247 shall be increased by 10 of the hundred for

1.

hometown workers within the meaning of § 2 of the Bundesvertriebenengesetz (Bundesvertriebenengesetz),

2.

Soviet refugees within the meaning of § 3 of the Federal Law on Displaced persons (Bundesvertriebenengesetz) and persons treated as such pursuant to § 4 of the Federal Law on Displaced persons (Bundesvertriebenengesetz); in the case of the application of Section 4 (2) in conjunction with Section 1 (2) (1) of the Federal Displaced Persons Act, the following shall apply: Requirements of a hazard within the meaning of Section 4 (1) of the German Federal Displaced Persons Act as fulfilled.

3.

Persons affected by the war who were not able to return to the city or district in which they lived at the time of the injury until 1 April 1952 and who do not have an adequate basis of life again until that date on their new residence can be found.

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Section 249 Reduction of the basic amount

(1) The basic amount shall be reduced to the extent that, by means of its allocation to the final assets, a sum exceeding 50% of the initial assets would be surrendered. The assets of the immediately injured person shall be deemed to be final assets on 21 June 1948, reduced by 40 of the hundred. The initial assets shall be the sum of the amount of the damage and the assets of the immediately injured person on 21 June 1948 plus the double amount of the increase in accordance with section 246 (2). The amount of the reduction referred to in the first sentence shall not be higher than 50 of the hundred of the Assets of the directly injured person on 21 June 1948. If damage was not incurred until after 20 June 1948, the property on 21 June 1948 would be replaced by the assets which would result on that date if the damage had been incurred in advance. (2) The basic amount shall also be the property of the To reduce compensation payments which have been granted for the damages taken into account in the amount of the damage under the provisions of the Ordinance on the Protection of the War, the Reich Performance Act or other domestic German provisions, unless a different arrangements for the treatment of compensation payments or for the treatment of compensation the compensation payments of the corresponding economic assets recovered by war events have been lost again. In this case, the Reichsmark payments are to be set at 10 of the hundred. The amount of the reduction shall not exceed the amount by which the basic amount (Section 246) would be reduced if the economic units or other economic assets for which compensation has been paid in the calculation of the amount of the basic amount (§ 246) (3) If damage contained in the claim amount (§ 245) has also been taken into account in the case of the asset tax in accordance with § § 39 to 47b, the basic amount must be deducted from the amount of the property

1.

the time value of the amount by which the asset levy has been reduced in accordance with § § 39 to 47;

2.

the three-and-three times the amount by which the initial quarter-year amount of the capital levy has been reduced in accordance with Section 47a; and

3.

Seventeen times the amount by which the quarter-year amount of the capital levy has been reduced in accordance with Section 47b.

If damage contained in the claim amount (§ 245) has also been taken into account in accordance with § 55a, the basic amount shall also be equal to thirteen times the amount of the quarter-year amount of the capital levy pursuant to section 55a (2). As a time value within the meaning of point 1, the reduction amount shall be set in accordance with § § 39 to 47 for a quarter-year rate

of 1	of the hundred with 50 of the hundred,
of 1.1	of the hundred with 54 of the hundred,
of 1.2	of the hundred with 58 of the hundred,
of 1.25	of the hundred with 60 of the hundred,
of 1.3	of the hundred with 62 of the hundred,
of 1.4	of the hundred with 66 of the hundred,
of 1.5	of the hundred with 71 of the hundreds,
of 1.6	of the hundred with 75 of the hundred,
of 1.7	of the hundred with 79 of the hundred.

(4) The reductions referred to in paragraphs 1 to 3 shall be made in the order in which these paragraphs are set. If the basic amount (§ 247) is apported and the surcharge for the basic amount (§ 248) is calculated, the basic amount, which is reduced in accordance with paragraphs 1 and 2, is to be assumed. (5) More details can be determined by means of a legal regulation

1.

the definition and evaluation of the assets to be taken into account in accordance with paragraph 1 for 21 June 1948 and the date on which the assets are to be determined in the event of the death of the person directly injured before that date;

2.

on which injured parties in cases of reduction or remission of the property pursuant to § 55a (2) are to be taken into account in cases of doubt by a reduction in the basic amount,

3.

the extent to which reductions in the basic amount referred to in paragraph 3 should be taken into account in the case of breakdown of the basic amount (section 247) and in the calculation of the surcharge on the basis of the basic amount (§ 248).

(6) For decisions taken after 31 December 2001, the reduction of the basic amount shall be:

1.

in accordance with the provisions of paragraph 1, the assets of the immediately injured person on 21 June 1948 and the amount of the damage,

2.

in accordance with paragraph 2, the compensation payments to be taken into account in the reduction and

3.

in accordance with paragraph 3, the amounts to be deducted from the basic amount

in each case with the divisor 1,95583 in euros. Unofficial table of contents

Section 249a Savings surcharge

(1) To the extent that the main compensation for the payment of losses is granted to claims which are savings investments within the meaning of the Altsparergesetz (Altsparergesetz), the damage in the calculation of the amount of damage according to § 245 shall not be taken into account. In addition, a basic amount (austerity surcharge) is granted on account of these claims. This is to be applied in case of damage caused by the damage and the damage to the east by the amount which is

1.

in the case of savings installations which would have been converted under the provisions in force within the scope of the Basic Law, by application of the conversion rate applicable in this case,

2.

in the case of savings investments in such currencies for which the legal regulation provided for in § 245 provides for a more favourable conversion than 100 to 10, by applying the set of hundreds specified in this Regulation

to the amount determined in accordance with the provisions of the law on employment; in the case of damage to the zone, the savings surcharge shall be applied to the amount resulting from the application of Section 245 (5). The sentences 1 to 3 also apply to losses of claims within the meaning of § 12 (13) No. 1, § 14 (1) sentence 5 and § 15a (3) No. 1; for these, for the application of sentence 3 No. 1, a conversion ratio of 100 to 10 must be used. (2) Damage to the savings and damage to the East is increased in the case of savings, in so far as the savings investments have been granted to the immediate injured party or to a legal guerrior (§ 3 of the Altsparergesetz) at the beginning of January 1, 1940, in order to save an old savings. This amounts to 10 of the hundred, in the case of savings plants which would have been converted in accordance with the conversion regulations in force in the scope of the Basic Law, 10 of the hundred, in the case of savings plants, which had to be converted in the ratio of 100 to 6.5 13.5 per cent of the nominal value of the savings bank on 1 January 1940; in the case of savings investments in such currencies for which a settlement is to be made in the legal regulation provided for in section 245, the old-savings surcharge shall be the one hundred of the Pursuant to Section 20 of the German Arrest Act, the nominal amount of the savings bank on 1 January In 1940, after deduction of the conversion rate determined in the regulation, the number 20 remains. Savings facilities existing at the beginning of 1 January 1940 shall be considered, unless the injured party has the proof of a higher amount,

1.	Savings deposits, postal savings deposits and building savings with	20 of the hundred,
2.	Pfandbriefe, Pensions, Ship Pfandbriefe, Municipal bonds and other debt securities and interest-bearing Treasury notes issued by legal persons under public law, including the Debtor claims with	80 of the hundred,
3.	Claims made from industrial bonds with	50 of the hundred,
4.	Claims arising from life insurance contracts with other private law	60 of the hundred,
5.	claims secured by mortgages, basic debt, or pension liabilities, with	100 of the hundred

the amount of the savings investment. (3) The savings surcharge shall be granted even if the damage has been ascertained, but a basic amount is not available. The savings surcharge shall be reduced in so far as it would exceed the basic amount resulting without the application of Section 245 (4) and (5) to the savings investments pursuant to section 246; in this case, for zone damage to savings investments, insofar as this is the case, the savings shall be exceeded. from the conversion of Reichsmark into Deutsche Mark of the German Federal Reserve, the amount of the Reichsmark, which is based on the claim that exists at the time of injury, has been set up. In the cases of § 247, it shall be divided in accordance with the ratio of the inheritance; § § 248 and 249 shall not apply to it. (4) The savings surcharge shall not be granted if a higher final basic amount is not applied without the application of paragraphs 1 to 3 (§ 250 (5) For decisions taken after 31 December 2001, the savings surcharge resulting from paragraphs 1 to 3 shall be applied to the divisor of EUR 1.95583 in euros for the loss of savings assets as defined in the Altsparergesetz (Altaustergesetz). Unofficial table of contents

Section 249b Special features of the calculation of the basic amount for the concurring of zone damage with damage in the sense of the reparation damage act

If both the damage to the zone and the damage caused by the reparation damage act have been caused to a directly injured person, the following shall apply:

1.

The amount of the damage pursuant to § 245 is to be added to the amount of the damage pursuant to § 32 (1) of the Law on the compensation of damages and to apply § 246 to the total amount of the damage.

2.

Section 249 (1) shall apply to the basic amount referred to in point 1. The remaining basic amount must be deducted from the application of § § 247, 248, 249 (2) and (3) as well as § § 249a and 250,

a)

if damage caused by the reparation damage act only meets zone damage, the basic amount resulting from the application of Section 35 (1) (1) of the reparation damage act,

b)

if damage is caused in the sense of the reparation damage law to both damage to the zone as well as damage to the damage caused by the war, damage to the war damage and to the damage to the east which, pursuant to section 35 (1) no. 1 and 2 in conjunction with § 36a of the Reparation damage law arising basic amount.

3.

§ 249a shall apply to all damages to savings investments and from the savings surcharge calculated in accordance with § 36 of the Savings Bank Act, calculated on the basis of the Savings Act and the Savings Bank Act. Repairing the Repair Damage Act.

Unofficial table of contents

Section 250 Recognition of the claim and interest rate surcharge

(1) The right to the principal compensation shall be awarded to the injured party with the resulting basic amount, indicating how the basic amount is calculated from the amount of the damage. In the cases of Section 12 (13), Section 14 (1) sentence 5 and Section 15a (3), the maximum amount of the basic amount that would result from the value of the acquired economic asset is granted. (2) The resulting amount according to § § 246 to 249b The basic amount will be rounded up to the next 5 dividable full euro amount (final base amount). Deducting from the final base amount

1.

compensation payments under federal laws for damages, which are taken into account in the event of damage or savings surcharge, provided that these payments are not already deducted from the damage or basic amount elsewhere,

2.

Redemption amounts according to the third part of the General War Consequences Act of 5 November 1957 (Federal Law Gazette). 1747) and compensation payments under the old savings act, which account for the replacement capital allocated to resettlers,

3.

Amounts arising from the fulfilment of claims under the Act for the liquidating of the assets under special administration of credit institutions, insurance undertakings and building societies of 21 March 1972 (Bundesgesetzbl. 465), in so far as it is not interest.

(3) An interest-rate surcharge of one of the hundred for each quarter of the end of each quarter shall be added to the recognised final basic amount; the interest surcharge shall be granted on 1 January 1953, unless a later date is obtained from paragraphs 4 to 6. (4) Subject to paragraph 6, to the extent that the final basic amount recognised is based on damage actually incurred after 31 December 1952, the interest rate surcharge shall be granted subject to paragraph 6,

1.

if the directly injured person has left the territory of the Vertfriction within the meaning of Section 12 (2) sentence 2 or the damage area within the meaning of Section 3 (1) of the Evidence Warrant and Arrest Warrant, for the part of the final basic amount, which shall be due to damage which until the date of the abandonation of those territories, or which have occurred in the immediate connection with the departure of those territories, from the beginning of the quarter to which the date of the abandonation of those territories ,

2.

if the directly injured party has died within the meaning of Section 12 (2) sentence 2 or in the claims area within the meaning of Section 3 (1) of the Evidence Warrant and Arrest Warrant (Section 12 (7) No. 1, Section 15a (4) No. 1), as well as in the the second sentence of Article 14 (1), from the beginning of the quarter to which the date of death falls,

3.

in addition, for the part of the final basic amount which is based on the damage which occurred before 1 January 1968, from 1 January 1967, and for the part of the final basic amount which is based on the damage which occurred after 31 December 1967, from the beginning of the final basic amount, Year in which the date of entry of the damage occurs.

In the case of damage to the zone, the date on which the damage occurs is the decisive factor which has been established in the notice of the determination of the damage in accordance with § 14 (1) of the Evidence Warrant and Arrest Warrant. (5) the final basic amount referred to in paragraphs 3 and 4 shall apply to a number of points in time, and subject to paragraph 6, the surcharge shall be granted

1.

from the earliest relevant date for that part of the recognised final basic amount which would have been the final basic amount for the damage to be taken into account at that time,

2.

as of the following relevant date for that part of the awarded final basic amount which would have been the final basic amount for the total amount of damage to be taken into account at that time and at the preceding dates, the basic amounts for which the interest-rate surcharge is to be granted from earlier points in time.

(6) The allocated final basic amount exceeds the final basic amount, which is based on the claims groups and the basic amounts listed in paragraph 6a without adding the double amount of the increase pursuant to section 246 (2) to the initial assets (§ 249 (1) (basic amount), the surcharge on the excess amount (excess amount) shall be granted on 1 January 1967, unless the surcharge referred to in paragraph 4 is to be granted from a later date. Where, in the cases referred to in paragraph 5, the surcharge of interest for parts of the final basic amount is to be paid after 1 January 1967, those dates shall also apply to the corresponding parts of the basic amount. (6a) The calculation referred to in paragraph 6 shall apply. the following damage groups and basic amounts shall be used:

Damage group damage amount in Reichsmark RM Basic amount in EUR EUR 1 2 3

1	to	5.000	the amount of the damage, set with the divisor 1,95583 in euros, at the most	2,454,20
2	to	5.500		2,633,15
3	to	6.200		2,837,67
4	to	7.200		3.118.88
5	to	8.500		3.476.78
6	to	10.000		3.885.82
7	to	12.000		4,371,55
8	to	14.000		4.882.84
9	to	16.000		5,291,87
10	to	18.000		5,649,78
11	to	20.000		6,007,68
12	to	23.000		6.365.58
13	to	26.000		6.774.62
14	to	29.000		7.158.09
15	to	32.000		7,490,43
16	to	36.000		7,848,33
17	to	40.000		8.206.23
18	to	44.000		8.513.01
19	to	48.000		8.768.66
20	to	53.000		8.998.74
21	to	58.000		9.254.38
22	to	63.000		9.510.03
23	to	68.000		9.765.67
24	to	74.000		10.046.89
25	to	80.000		10.353.66
26	to	86.000		10.660.44
27	to	93.000		10.992.78
28	to	100.000		11.350.68
29	to	110.000		11.785.28
30	to	120.000		12.271.01
31	to	130.000		12.756.73
32	to	140.000		13.216.90
33	to	150.000		13.677.06
34	to	160.000		14,111,66
35	to	170.000		14.546.25
36	to	180.000		14,955,29
37	to	190.000		15.364.32
38	to	200.000		15.747.79
39	to	1.000.000		15.747.79
			+ 7% of the amount of damage surpassed 200,000 RM, with the divisor of 1.95693 in euro
40	over	1.000.000		44.380.14
			+ 6.5% of the amount of damage surging 1,000,000 RM, fixed with the divisor 1,95583 in euros

(7) In so far as the interest rate surcharge is attributable to a basic amount based on zone damage, the amounts arising from the use of goods taken away (Section 14 (2) of the Evidence Warrant and Arrest Warrant) are to be calculated on the basis of which the interest surcharge is the person directly injured or his heir has, after the date of the award of the interest rate surcharge, has had a date. In the event of a combination of damage to the zone with other damage, the part of the basic amount (part of the basic zone), which is based on zone damage, shall be determined in such a way that the total amount shall be deducted from the amount of the basic amount which is to be paid for the total amount of the basic amount. (8) In the case of decisions taken after 31 December 2001, the withdrawal and settlement amounts referred to in the second sentence of paragraph 2 and the first sentence of the first paragraph of paragraph 7 shall be the same as the basic amount. Divisor 1,95583 in euros. Unofficial table of contents

§ 251 Fulfilment of the claim

(1) Subject to the provisions of Sections 278a, 283 and 283a, the right to principal compensation shall be fulfilled in the amount of the amount resulting from the receipt of the interest surcharge on the amount of the final basic amount awarded (payment amount). Subject to Section 278a (2) and the provisions adopted pursuant to Section 278a (7) and Section 283a (2), the amounts of replenitions are first of all credited to the interest rate surcharge included in the payment amount. If the interest surcharge increases by granting a further basic amount, this increase shall not be taken into account for the calculation of the amounts previously made. (2) Are construction loans according to § 258 as well as payments of war-related pension or in accordance with Articles 278a, 283 and 283a of the corresponding current aid with effect on a date prior to 1 January 1967 to the main compensation, the credit transfer to the basic amount shall take precedence over the calculation on the basis of the Basic amount (Section 250 (6)). This applies in accordance with Section 250 (4) and (5). (3) Anyone who has requested the award of the right to receive the main compensation pursuant to section 234 (2) for another can claim fulfilment for the other. (4) In the cases of Section 234 (2), if the conditions for the fulfilment of the right to the main compensation have not been fulfilled by 31 July 1996, the right to this claim shall be waived. Time, however, at the earliest four years after the end of the calendar year in which the communication on the granting of the claim has become indisputable. Unofficial table of contents

§ 252 Order and date of fulfillment

(1) The claims for principal compensation shall be fulfilled, subject to paragraphs 5 and 6 of 1 April 1957, on the basis of the means available. Preference is given to the claims of high-age victims and those claims, in which the main compensation serves to avoid or mitigate social emergency. In addition, such claims must be taken into account as a matter of urgency, in which the principal compensation for the subsequent payment of voluntary contributions to the statutory pension schemes serves or is demonstrably required to form agricultural and forestry services. The ability to contribute from basic assets or operating assets or to the creation or consolidation of economic self-employment. The claims can also be fulfilled in partial amounts. Micro-amounts can be disbursed prematurely. (2) The interest rate surcharge arising for periods after 31 December 1962 (§ 250 (3) to (7)) shall be paid out annually, subject to paragraphs 5 and 6. The details of the implementation and the date of payment shall be governed by the provisions of the Regulation, which may also provide for a six-monthly disbursement. (3) Services in respect of interest and repayment in respect of liabilities to be paid by the compensation fund, § 252 (3) and (4) of this Act in the version in force until 1 January 2005, the Federal Government (4) (omitted) (5) The majority of the basic amounts (Section 250 (6)) plus the interest-rate surcharges resulting from this shall be fulfilled on 1 January 1972. By means of a legal regulation, provided that funds are available for this purpose, it may be determined that such claims can be fulfilled even before that date. (6) Final basic amounts based on zone damage, or Zone-grading partial basic amounts (§ 250 (7), second sentence) plus the interest rate surcharges resulting from this shall not be fulfilled until 1 January 1970 by cash payment; for the order of fulfilment, the first sentence of paragraph 1 shall apply to the order of 5. Pursuant to the provisions of paragraphs 3 and 4, it is also possible to allow for compliance with the provisions of paragraphs 3 and 4. (7) Claims for principal compensation can be fulfilled in accordance with paragraphs 3 and 4 up to a total of six billion Deutsche Mark; Regulation by the reserved legal regulations shall take account of the respective macroeconomic conditions.

Fourth Section
Integration loans

First Title
General provisions

Unofficial table of contents

§ § 253 to 257 (omitted)

Second Title
Integration loans to individual victims (construction loans)

Unofficial table of contents

Section 258 Relationship with the main compensation

(1) Insofar as the recipient of a building loan is entitled to principal compensation, the loan amount shall be credited to the right to the principal compensation as follows:

1.

If the right to principal compensation is granted prior to the granting of the building loan, the payment of the right to the principal compensation in the amount of the payment amount (section 251 (1)) shall be replaced by the payment of the loan.

2.

If the right to principal compensation is granted after the granting of the loan, the right to the principal compensation shall be deemed to be in the amount of the loan amount deemed to have been fulfilled at the time of the loan. The loan obligation shall be deemed not to have been incurred in this respect. Amounts of interest and repayment of interest shall be awarded to the principal compensation with effect from the date on which the claim is granted.

3.

If the construction loan has been granted in accordance with Section 254 (3) for the construction of a rental apartment or a cooperative apartment, the credit transfer shall only apply upon request.

4.

The amount of the loan shall also be credited, on request with the consent of the principal compensation, to such claims on the principal compensation to be paid by the spouse or relatives or the second degree or the second degree to which the principal compensation has been paid. Borrowers or in his favour have been assigned to the Federal Government; in the case of pledging, the consent of the creditor is required.

(2) Paragraph 1 shall apply to loans granted on loans granted

1.

as hardship services (§ § 301, 301a),

2.

in accordance with Section 44 of the Emergency Aid Act,

3.

in accordance with the provisions of the Refugee Settlement Act,

4.

according to the Fourth and Fifth Section of the General War Consequences Act,

5.

According to § 10 of the Fourteenth Act amending the Act on Burden-Equalisation of 26 June 1961 (Bundesgesetzbl. 785),

6.

pursuant to Section IV of the Refugee Assistance Act,

7.

in accordance with Section 45 of the Reparation Damage Act.

(3) The offsetting referred to in paragraphs 1 and 2 shall not apply in so far as the decision to grant the right to the main compensation is subject to a reservation (§ 335a). (4) If the injured party is granted a loan before or after a loan has been granted (paragraphs 1 and 2). 1 and 2), the payment of the loan to the principal compensation referred to in paragraphs 1 and 2 shall not take place until after the calculation of the war damage pension to the principal compensation in accordance with § § 278a, 283 and 283a is. However, the settlement shall be carried out before the date fixed in the first sentence, if and to the extent that the right to principal compensation can be fulfilled in accordance with § 278a (4) and (7), § 283 (3) and § 283a (1) (3) and (2). (5) The performance of the The right to principal compensation does not preclude the granting of a building loan. (6) To the extent that a loan is to be applied to the compensation claim under the reparation damage law in accordance with Section 40 (2) of the reparation damage act, the following shall be taken into account in the following: in the cases referred to in paragraph 2 (4), (5) and (7), the calculation of the compensation in accordance with Reparation damage law, incidentally, the offsetting to the main compensation.

Third Title
Integration loans for the creation of permanent jobs (workplace loans)

Unofficial table of contents

§ § 259 and 260 (omitted)

Fifth Section
War damage

First Title
General provisions

Unofficial table of contents

Section 261 Conditions

(1) War-related pension shall be granted for the purpose of retaliation of damage caused by war, damage to the war, damage to the East and, where the provisions of this section do not provide otherwise, of savings in the case of savings, if:

1.

the injured person is in advanced age or is permanently incapacitated as a result of illness or infirmity; and

2.

it is not possible or reasonable to pay for the subsisting of the livelihood according to his/her income ratios, taking into account also due claims to benefits in money or money value if and to the extent that their realization is possible.

(2) War-related pension shall be granted only to the person directly injured or, if he has died, his spouse, provided that he has not been permanently separated from him at the time of the death of the injured party. If the directly injured person and his spouse are deceased, a war-related pension shall also be granted to a single daughter who, with her parents or a parent, has lived in the common household for at least one year until the death of his or her parents, and during that period, in place of his/her own activity, he has done domestic work for her family, provided that the rights to such an activity, which are existenceable and affected by the injury, or their pension provision, are secured to such work. has acquired or would have acquired death because of death. (3) For the loss of household goods, In so far as this loss is not responsible for the destruction of the livelihood of the injured party, for the loss of living space as well as on the basis of East damage within the meaning of § 14 (1) sentence 2, war damage pension is not granted. (4) Meeting the Conditions for the granting of a war pension under this Act or the reparation damage act or for the granting of ongoing aid in accordance with § § 301, 301a of this Act or pursuant to the Refugee Assistance Act in the person of a Eligible persons shall be the damages and the basic amounts within the meaning of these provisions The provisions of Section 1 (1), second sentence, of the latter Act shall not apply to this extent. The detailed information on the summary of the damage and the basic amounts and on the granting of benefits shall be governed by the provisions of the Regulation on the basis of which the calculation of a uniform service shall be provided for and the ratio of the main compensation to be paid to it. as well as for compensation in accordance with the reparation damage law, in accordance with the principles of § § 278a, 283 and 283a. In addition, it may be determined that the benefit is to be attributed to the damage on which the greater part of the basic amount is based. (5) War-related pension shall be granted only if the conditions for granting it are not met by 31 December 1999 at the latest. and the application has been submitted by 30 June 2000. Unofficial table of contents

§ 262 Transferability

The right to a war-related pension may not be transferred, not transferred and not pledged, unless otherwise specified in this section; this shall apply, subject to § § 290 and 350a, not for amounts which are for one in the The past period of time has been approved by a final decision. Unofficial table of contents

Section 263 Forms of war-related pension

(1) War-related pension shall be granted as

1.

Support for maintenance (§ § 267 to 278a),

2.

Compensation pension (§ § 279 to 285).

(2) The maintenance aid serves to secure the social basis of life. In accordance with the provisions of this section, the compensation pension shall be granted either on the basis of maintenance assistance or on its own. (3) As soon as the conditions for both the maintenance aid and the compensation pension are met, the The right to choose the form in which he wishes to obtain a war-related pension; the election may be exercised only once after 31 December 1992 and only until 30 June 2000. If the person entitled to compensation claims compensation pension, in addition to maintenance assistance or only compensation pension, he can either only claim financial damage or only the loss of the professional or other basis of existence. Unofficial table of contents

§ 264 Age of life

(1) Due to the advanced age of life, the war shall be granted only if the injured person has received the 65. (a woman aged 60) has completed her life. Further condition is, subject to § 273 (5) to (7), § 282 (4) and (5) and § 284 (2), that the injured party is born before 1 January 1890 (a woman before 1 January 1895). The condition of the second sentence is deleted if the injured party is entitled to an application pursuant to section 230 (2) (1) and at the time of the stay in the scope of this Act, but at the latest on 31 December 1971, the 65. (a woman aged 60) has completed her life. (2) The application for a war-related pension for advanced age can only be made until 31 December 1970. However, the application deadline shall expire subject to § 261 (5)

1.

in the case of persons who are entitled to a contract pursuant to § 230 (2), not earlier than two years after the end of the month in which the injured person has taken permanent residence within the scope of this Act,

2.

in the case of persons who are entitled to a contract pursuant to § 273 (5) to (7), § 282 (4) and (5) and § 284 (2) Sentence 2, at the earliest two years after the end of the month in which the injured party shall be entitled to the 65. (a woman aged 60) has completed her life.

Persons who could not be granted a war damage pension on the expiry of the period of application of the war-related pension pursuant to sentences 1 and 2 for receipt of income within the meaning of Section 267 (2) (3) may, subject to section 261 (5), be entitled to Two years after the end of the month in which such income for the first time no longer precludes the granting of war-related charges. Unofficial table of contents

Section 265 Incapacity

(1) In the case of incapacity for work, the war shall be granted only if the injured person is permanently unable to do so, by means of an activity which corresponds to his or her strength and abilities, and by taking into account his training and his/her training and his/her training and his/her training and his/ (2) an incapaciated person will be able to acquire half of what is to be acquired by physical and mental health of the same type with similar training in the same area. (2) all-in-one woman, regardless of her age, provided that she is To apply for at least three children who are part of their household on the date of entry into force of this law. Equality shall end if the single woman is no longer responsible for at least one child, unless at this point in time the child is 45. is completed or incapaciated within the meaning of paragraph 1. Children shall also be taken into account in the case of grandchildren living in the case of the injured person, as well as foster children and, if the parents are deceased or are unable to fulfil their obligation to pay, children,

1.

if she's the 16. have not been completed or have not been completed

2.

if they are in school or vocational training, or if they have a voluntary social year or a voluntary ecological year in the spirit of the Youth Voluntary Service Act and the 27. have not been completed or have not been completed

3.

if they are unable to entertain themselves because of physical, mental or mental disabilities.

In the cases of sentence 3 No. 1 is § 2 para. 4 of the Federal Child Money Act, in the cases of the sentence 3 Nos. 2 and 3 is to apply in accordance with § 2 para. 3 sentence 2 of the Federal Children's Money Act. (3) Full orphans are also considered as incapacitated under the The conditions laid down in the third sentence of the third sentence of paragraph 2 and 2; orphaned orphans are children whose parents are in war captivity or are held outside the scope of the Basic Law or Berlin (West) or unknown (4) Incapacity within the meaning of paragraph 1 must be incapaciated, subject to § 273 (5) to (7), § 282 (4) and (5) and § 284 (2), no later than one year after the entry into force of this Act, in the case of subsequent residency in the scope of this Act pursuant to § 230 para. 2 no. 1 at the time of the stay, but no later than 31. December 1971. Application for a war pension for incapacity for work within the meaning of paragraphs 1 to 3 may only be submitted until 31 December 1955. However, the application deadline shall expire subject to § 261 (5)

1.

in the case of persons who are entitled to a contract pursuant to Section 280 (2), at the earliest two years after the end of the month in which the injured party has taken permanent residence within the scope of this Act,

2.

in the case of persons entitled to apply for a contract pursuant to § 273 (5) to (7), § 282 (4) and (5) and § 284 (2) sentence 2, no earlier than two years after the end of the month in which invalidity occurred, but not before 31 December 1968.

(5) If there is any doubt as to whether the injured person is incapable of work, an opinion of the health office responsible for his permanent residence shall be obtained. In case of need, a top report is to be obtained. University clinics are required to produce such a review. The Obergutachten are remunerated under the Justice and Compensation Act. The same shall apply where, in order to draw up opinions from the health authorities, the opinions of other bodies which are not obliged to participate free of charge are required. Unofficial table of contents

Section 266 Determination of the damage and the basic amount

(1) To the extent that the determination of a claim amount is necessary for the purposes of the war damage pension, the reported damage of the directly injured person (§ 261) shall be combined to form a claim amount; § 245 No. 1 to 4 shall apply accordingly. Damages and damage to the East German Reichsmarksavings deposits and other private-legal monetary claims, insofar as they are savings assets within the meaning of Article 15 (2) and (4), shall be subject to the exception of Section 245 (4) with the following (2) In the case of property damage, the calculation of the war damage pension shall be determined by the amount of the amount, minus the amount credited to Deutsche Mark or credited pursuant to section 3 (1) of the monetary compensatory act. shall be deemed to be the basic amount, which shall be based on the corresponding application of § § 246, 248, 249 and 250 (2). The basic amounts of not permanently separated spouses shall be included, even if one of the spouses has died after the injury; the surviving spouse may, for the purposes of the war-related pension, also establish the Apply for damage to the deceased spouse. If, in the cases of Section 261 (2), second sentence, the single daughter himself is directly injured, the basic amount shall be combined with that of her parents, unless she requests that the basic amounts not be combined; this request shall be (3) Damage caused by loss of professional or other livelihood shall be determined for the purposes of the application of Section 269a and Section 273 (5) and for the purposes of the compensation pension to the reason and the amount, whereas, moreover, for the purposes of maintenance aid, it is only established that it has been identified; the amount of the damage shall be the income not permanently separated from living spouses, even if one of the spouses has died after the injury. (4) In the case of the application of paragraphs 1 and 2, the amounts of the claims and the basic amounts shall, subject to the provisions of Article 261 (4), remain beyond the scope of the application as they are based on zone damage (Article 250 (7)). Sentence 2).

Second Title
Maintenance assistance

Unofficial table of contents

Section 267 Income ceiling

(1) Assistance for maintenance is granted if the income of the person concerned (Section 261) is a total of 745 Deutsche Mark *) do not exceed monthly. This amount shall be increased

1.

for the spouse not permanently separated from the person concerned by 497 Deutsche Mark *) monthly,

2.

for each child within the meaning of Section 265 (2), provided that it is predominantly entertained by the rightholder, by 252 Deutsche Mark *) monthly,

3.

in order to supplement the self-employment surcharge in accordance with § 269a

4.

to the social surcharge according to § 269b.

The maximum amount of the income shall also be increased by a care allowance of EUR 26 per month for the home of EUR 11 per month, if the single person concerned or the spouse who is not permanently separated is the two spouses at the latest at the time of the Decision on the care allowance as a result of physical or mental infirmary are so helpless that they cannot pass without external maintenance and care. The same shall apply where a spouse is not able to take over the maintenance and care of the helpless other spouse at the latest in the date referred to in the third sentence. The condition for the care allowance is that a care person is available for constant maintenance and care. The care allowance of 26 euros per month is increased if the care allowance, care allowance or a nursing care allowance is not granted under other regulations, to 291 Deutsche Mark *) monthly. The care allowance of 26 euros, when home accommodation of 11 euros per month is not to be granted, if nursing care allowance or a nursing care allowance according to the regulations of the Eleventh Book of Social Code or in the cases of § 276 para. 3a (2) All remuneration in the form of money or money shall be deemed to be income which shall be paid to the person entitled and to his/her spouse, who is not permanently resident, and to his children in the sense of the Paragraph 1 (2) shall, after deduction of expenditure, remain in accordance with the principles laid down in Income tax law must be considered as an advertising cost, but the following exceptions shall apply:

1.

Legal and voluntary maintenance of relatives as well as charitable benefits are not to be considered as income. The same shall apply to honorary members of the Federal President and the Prime Ministers of the Länder, as well as to other honorary members who are from public funds as a reward for salvation from danger, as a loyalty bonus, on the occasion of marriage or age anniversaries, or be granted by sponsorships or similar events. Non-income-related benefits are also not considered to be benefits for children's education, which are granted by a institution of the statutory pension insurance as a service of its own kind.

2.

Special services of a single or current nature, such as care allowances, care allowances, care benefits, replacement of the exceptional costs for increased wear and clotheswear, maintenance allowances for a guide dog, remain unaccounted for. In addition, the following persons shall be granted free amounts, on account of the expenses directly incurred by them by their particular circumstances, namely:

a)

Persons who receive pensions in accordance with the Federal Pension Act or under the Criminal Law Rehabilitation Act or under the Administrative Law Rehabilitation Act in appropriate application of the Federal Pension Act, allowances in the amount of their basic pension as well as their severely damaged supplement, persons, the care allowance according to the Federal Law of Supply Act or under the Criminal Law Rehabilitation Act or under the administrative law rehabilitation law in appropriate Application of the Federal Supply Act, however, at least one free amount of EUR 39 per month;

b)

Persons who are limited as a result of accidents, the following allowances:

-

from 30 to 60% = 45 euros per month,

-

more than 60 to 80% = 48 euros per month,

-

more than 80% = 53 euros per month;

c)

Persons who are so helpless as a result of physical or mental infirmary that they cannot pass without external maintenance and care, a free amount of € 39 per month, unless they receive care allowance or a carer's benefit in accordance with the the provisions of the Eleventh Book of Social Law or comparable services by a private insurance undertaking;

d)

Parents or parents who have a parent's pension under the Federal Pension Act or under the Criminal Law Rehabilitation Act or under the Administrative Law Rehabilitation Act, in appropriate application of the Federal Pension Act, in accordance with the laws for the restitution of national-socialist injustice or on the occasion of the death of children caused by an accident, an allowance of 30 per cent of the sentence of the parental pension pursuant to section 51 (1) of the Federal Supply Act, as amended on 1 January 1972; this amount shall be increased the amounts by which the parental pension is increased in accordance with the Federal Supply Act in the version in force on 1 January 1972 because of the loss of several children, of all or at least three children, of the sole or last child. The amount of the allowance shall not exceed the amount of the parent's pension;

e)

Persons who are limited as a result of damages which they have suffered as persecuted persons in the sense of legal or non-statutory regulations of the Federation and of the Länder for the reparation of national socialist injustice to the body or health for their pensions or current aid up to the level of the comparable basic pension under the Federal Supply Act, but at least the allowances under (b).

3.

Income from agriculture, forestry, business, self-employment, and a current employment relationship are halved. This does not apply in the case of income up to the rates of maintenance aid in accordance with § § 269, 269a; in these cases, a free amount is granted in the amount of half of these rates. Income which has been achieved under sustained damage to health by the date on which the award of the maintenance aid is granted shall not be considered.

4.

Government gratials not disregarded in accordance with the second sentence of point 1, as well as voluntary benefits, with regard to an earlier service or employment relationship or an earlier independent professional activity or as an additional The supply of a professional organisation shall apply only if it exceeds half the rates of maintenance aid in accordance with § § 269, 269a, with 50 of the hundred of the additional amount as income; this shall also apply if: on the basis of operational exercise or for a longer period of time, after the Jurisprudence is assumed to be a legal claim.

5.

Allowances for children, in particular child benefits, child surcharge and child allowance, shall not be considered as income in so far as they exceed the surcharge provided for in paragraph 1 (2) plus the amount of the surcharge for social surcharge in accordance with Article 269b (2) (2).

6.

Pensions from the statutory pension insurance are to be used as income with the amounts reduced by the following allowances:

-

in the case of insurance rents 45 euros per month,

-

in respect of survivors ' pensions which are not orphaned, 33 euros per month,

-

with respect to orphans ' pensions, 16 euros per month.

In the case of comparable other pensions, corresponding allowances shall be granted unless the provisions of point 2 (a), (b) and (d) or (4) already contain a scheme.

7.

A free amount of EUR 26 per month, but not more than the amount of these income, will be granted for income from leasing and leasing.

8.

A free amount of EUR 21 per month shall be granted for income from capital assets, but not more than the amount of these income. The interest-rate surcharges disbursed pursuant to section 252 (2) shall not be considered as income.

The allowances and benefits referred to in paragraph 2 (a) to (e), (3), (4), (6) to (8), with the exception of allowances for basic and heavy-duty allowances, in accordance with the Federal Law on Supply and the Criminal Law Rehabilitation Act, or in accordance with the Administrative Law Rehabilitation Act, in accordance with the provisions of the Federal Pension Act and the free amounts granted under (e) for pensions or current state aid in accordance with the statutory or non-statutory regulations of the Federal Government and the Federal Government Countries for the reparation of national socialist injustice Body or health, shall be granted only to the extent that they exceed the social supplement according to § 269b. (3) By means of a legal regulation, it is possible to determine more about the delimitation and calculation of the income and allowances. With effect from 1 January 1983, the reduction of the income shall be regulated by the deduction of contributions to statutory health insurance as well as to an appropriate extent to private health insurance. Unofficial table of contents

Section 268

(dropped) Unofficial table of contents

Section 269 Amount of assistance

(1) The maintenance assistance shall be 745 Deutsche Mark per month for the beneficiary. *). (2) The maintenance assistance increases by 497 Deutsche Mark per month. *) for the non-permanently separated spouses and for 252 Deutsche Mark monthly *) for each child within the meaning of Section 265 (2), provided that it is predominantly entertained by the rightholder; in the case of § 267 (1) sentence 3 to 6, the maintenance allowance shall be increased. Unofficial table of contents

Section 269a Self-employment surcharge

(1) In the sense of Section 273 (5) (1) and (2), the maintenance aid resulting from § 269 is increased by a self-employment surcharge. The surcharge referred to in paragraph 2, level 1, shall also be awarded on application to beneficiaries under Section 273 (6) (2), who, as future heirs of an agricultural or commercial establishment, do not work in a self-employed capacity only at the time of injury. (2) The self-employment surcharge has not been reached. (2) The amount of the self-employed surcharge is
in Stufebei one final basic amount of the main compensation (§ 273 (5) No. 2 sentence 1 and 2) at average annual income from self-employment pursuant to § 239 (§ 273 (5) no. 2 sentence 3) monthly

1	-	up to 4,000 RM	170 DM *)
2	to 2.351,94 EUR	up to 5,200 RM	215 DM *)
3	to 2.863,23 EUR	up to 6,500 RM	258 DM *)
4	to 3.885.82 EUR	up to 9,000 RM	286 DM *)
5	until 4.908,40 EUR	up to 12,000 RM	315 DM *)
6	More than 4.908,40 EUR	over 12,000 RM	345 DM. *)

(3) The self-employment surcharge increases for the non-permanently separated spouse
in aggregate monthly

1	90 DM *)
2	103 DM *)
3	115 DM *)
4	DM 129 *)
5	148 DM *)
6	175 DM. *)

(4) Compelling the beneficiaries and their dependants (Section 269 (2)) Pension benefits as defined in Section 267 (2) No. 6, increases the self-employment surcharge

1.

in the case of insurance tenants and comparable other pensions, EUR 31 per month,

2.

in the case of survivors 'pensions which are not orphans' pensions, and comparable other pensions of EUR 23 per month,

3.

in the case of orphans ' pensions and comparable other pensions, EUR 11 per month,

at the most, however, by the amount by which the pension benefit in the case of point 1 is EUR 14 per month, EUR 10 per month in the case of point 2 and EUR 5 per month in the case of the number 3. The granting of free amounts pursuant to section 267 (2) no. 6 shall be waited in so far as the allowances do not exceed the self-employment surcharge. Unofficial table of contents

Section 269b Social surcharge

(1) The maintenance aid resulting from § § 269, 269a increases by a social surcharge. (2) The social surcharge for the beneficiary is 103 Deutsche Mark. *) monthly. It increases

1.

for the spouse not permanently separated from the beneficiary by 129 Deutsche Mark *) monthly,

2.

for each child within the meaning of Section 265 (2), provided that it is predominantly entertained by the beneficiary and the seventh year of life has been completed, by 162 Deutsche Mark *) monthly.

(3) The social surcharge shall be granted only to the extent that it exceeds the self-employment surcharge in accordance with § 269a. Unofficial table of contents

Section 270 Invoice of income

(1) Pension benefits and other income shall be credited to the maintenance aid in so far as they are deemed to be income in accordance with Section 267 (2). The amount of the credit will be rounded down to the full euro. If the amount of the allowance is reduced in accordance with Article 267 (2) (2) (d) because the parental pension has been reduced as a result of the granting or increase of other income, the income to be calculated shall be reduced by that amount to which the sum of the income shall be paid in accordance with paragraph 2 and the maintenance aid, due to the fall in the amount of the free amount, would be left behind the previous overall income; the reduction in the income to be calculated shall be waited as soon as and to the extent that an increase in the total income occurs. (2) If the total income in accordance with section 267 (2) is to be deducted from those amounts which: in accordance with Section 267 (2), second sentence, No. 3, 4, 6, 7 and 8, shall be exempted from the offsetting, together with the maintenance assistance resulting from § § 269 to 269b and in accordance with paragraph 1 above, more than double the amount of the income ceiling pursuant to section 267 (1), the maintenance aid shall be reduced by the amount equal to twice the maximum amount of the income. (3) Pension benefits which are granted for the past months shall be retrofitted to the maintenance aid granted for these months. (4) Undertaking assistance shall not be granted where, in accordance with paragraphs 1 to 3, there is a Payment of less than 3 euros per month would be the result. Unofficial table of contents

§ 271 Duration of the maintenance aid

The maintenance aid is granted on a lifetime or on a temporary basis. Unofficial table of contents

Section 272 Lifesaing aid for life

(1) Assistance for maintenance of life shall be granted where the injury has been caused by the injury to the duration of the existence of the person entitled to a living. This condition shall always be deemed to be the case if the damage is determined as a loss of professional or other means of existence and this loss still has an impact. In the case of property damage, the permanent destruction of the livelihood of the beneficiary is presumed if the authorized person is a displaced person; in the case of war-affected persons, East-damaged persons and savers, the existence of these conditions is always then if the basic amount resulting in accordance with § 266 has been reached 2,863,23 Euro. (2) In the event of the death of the person entitled, the payment shall end with the last day of the month following the date of the death. From the beginning of the next month following the date of death, the person entitled to do so shall be replaced without a new application by his/her spouse, who is not permanently separated from him. The prerequisite for this is that:

1.

the marriage has existed for at least one year or already at the time when it has been granted in accordance with that law; and

2.

the surviving spouse at the time of the death of the person who has previously been entitled to the 65. (the wife of the age of 45) has completed or is at that time working incapacitively within the meaning of § 265 (1); the incapacity to work shall be equal if and as long as a widow is responsible for at least one at the time of death of the spouse The household belongs to the child within the meaning of section 265 (2).

The sentences 2 and 3 shall apply in accordance with the conditions laid down in Article 261 (2), second sentence, for a single daughter; § 266 (2) sentence 3 and 3 sentence 2 shall apply with the proviso that the application, the basic amounts or the lost income shall be applied. not to be combined until the end of a year following the legal force of the decision to change the maintenance aid to the single daughter. (3) A recipient of assistance in the event of death at the time of his death Surcharges for children and they will be orphaned by the death of orphans, they will replace them of the deceased as long as the conditions set out in § 265 (2), third sentence, No. 1 and 2 are fulfilled; they shall receive the amounts set in § 275. The first sentence of paragraph 2 shall apply accordingly. Unofficial table of contents

Section 273 Unterhaltshilfe auf Zeit

(1) Assistance for maintenance on time is granted if the special conditions for the granting of a life-time according to § 272 are not available. (2) Assistance for maintenance on time is granted until the sum of the payments to be paid is the basic amount (§ § § § 272). 266 (2) has been reached;

1.

Benefits granted for the period up to 31 March 1952 under the Emergency Aid Act with the amounts granted under Section 38 of the Emergency Aid Act,

2.

for the period from 1 April 1952 to 31 March 1957 (maintenance aid under this Act and under the Emergency Aid Act, inflation surcharges under the Emergency Relief Adjustment Act) with 50 of the hundred,

3.

for the period from 1 April 1957 to 31 May 1961 (maintenance aid under this Act and under the Emergency Aid Act) with 40 of the hundred,

4.

for the period from 1 June 1961 to 31 May 1965 (maintenance of maintenance under this Act and under the Emergency Aid Act) with 20 of the hundred,

5.

For the period from 1 June 1965 onwards payments made at 10 of the hundred,

6.

Maintenance subsidy according to § 37 of the Emergency Aid Act always with the full amount.

In the case of § 272 (3) until the death of the spouse or the sole daughter, the maintenance aid shall be at least until the death of the person entitled or in the case of succession pursuant to § 272 (2) sentence 2 to 4 until the death of the full orphan, in the case of § 272 (3) until the death of the full orphan, at the latest. (3) recipients of maintenance grant pursuant to § 37 of the Emergency Aid Act, insofar as they do not receive maintenance assistance under this Act, continue to receive maintenance grants until the maintenance grant from Section 33 of the Emergency Aid Act (Emergency Aid Act) (4) persons who have been eligible for the following § 357 (1) of the Rules of the Law of the European Union for the Protection of Immediate Emergency Aid until 30 June 1953, but which do not meet the requirements for the granting of a war-related pension under this Act, will be subject to maintenance aid for 30 June In 1953, when the authorization was granted for the loss of household goods and the maximum amount of the benefits was not reached in accordance with Section 33 of the Emergency Aid Act on 30 June 1953. The maintenance aid shall continue to be granted from 1 July 1953, with full credit for the amount of the payment, including the inflation surcharges, until the part of the maximum amount not yet consumed on 30 June 1953, in accordance with Section 33 of the (5) If the injured party was born after 31 December 1889 (a woman after 31 December 1894) and before 1 January 1907 (a woman before 1 January 1912), the victim was born in the country of the , or at the latest on 31 December 1971, became incapaciated within the meaning of Section 265 (1), shall be subject to the following Conditions of maintenance aid granted on time:

1.

The existence of the person directly injured and his spouse to be taken into account in accordance with Article 266 (2), second sentence, must be based primarily on the date on which the claim was made

a)

in the exercise of self-employment or

b)

on claims and other counter-values arising from the transfer, other recovery or leasing of the assets of such activity, or

c)

on an old-age pension based on the proceeds of such an activity.

2.

For the damages of the person directly injured and his spouse to be taken into account in accordance with Article 266 (2), second sentence, a claim for principal compensation must have been awarded with a final basic amount of at least € 1,840,65; in this case subject to the provisions of Article 261 (4) of the basic amount or the partial basic amount of a zone based on zoning (Section 250 (7) sentence 2), except for the legal basis. If a number of claims for compensation have been incurred for such damage, the final basic amounts shall be charged together, even if, before 1 April 1952, a heir has been replaced by the imminent victim or his/her spouse. The award of a claim to principal compensation with a final basic amount of at least € 1,840,65 shall be equal if damage is caused by loss of the professional or other livelihood with average annual earnings self-employment of at least 2,000 Reichsmarks in accordance with § 239; this condition is also considered to be fulfilled if, in addition to self-employment, another paid activity is not or only to a limited extent , and the living is not or only insignificantly from other income has been disputed.

The maintenance of temporary assistance shall be granted until the sum of the payments to be calculated (paragraph 2) reaches the final basic amount of the main compensation (point 2). The maintenance aid shall be granted in the appropriate application of the provisions on maintenance aid for life, if the final basic amount of the main compensation (2, second sentence and 2) reaches 2,863,23 euros, or if it damages assets. on which the basis of existence (point 1) is based, or where the condition referred to in the third sentence of paragraph 2 is fulfilled. (6) Under the conditions of invalidity of paragraph 5, subsistence and incapacity for invalidity, maintenance assistance shall be provided in the appropriate Application of the rules on the maintenance of life-time assistance

1.

to persons who meet the requirements of § 284 (2) sentence 1,

2.

to persons whose livelihood lost as a result of the injury is based on the fact that they have lived in the household community before the injury to a family member who satisfies the conditions laid down in paragraph 5 (1) and (2), and of whom he/she is responsible for the purpose of: were economically dependent.

(7) If the injured party was born after 31 December 1906 (a woman after 31 December 1911) or became incapacitated after 31 December 1971 within the meaning of section 265 (1), the assistance provided for in paragraph 5 and paragraph 6 (2) shall be granted if: The existence of a livelihood within the meaning of these provisions after completion of the 16 period until the loss of this livelihood for a total of at least 10 years. In the event of loss of a livelihood within the meaning of paragraph 5 (1), periods of existence of a livelihood within the meaning of paragraph 6 (2) and loss of a livelihood within the meaning of paragraph 6 (2) shall also become periods of existence. of a livelihood within the meaning of paragraph 5 (1). Unofficial table of contents

Section 274 Special arrangements for the omission of public pensions

(1) It shall be based on the right of the person entitled to a savings account, which shall be based on the non-conversion of claims relating to or repayment of preferential pension or the cessation of the payment of liquidation rents of the first world war or of The income of the beneficiary (Section 15 (3)), and the income of the person entitled (Article 267 (2)) does not exceed the income ceiling according to § 279 (1) sentence 1 to 3, is granted maintenance assistance for life. The calculation of a claim amount and a basic amount shall be deleted. (2) The beneficiary shall receive assistance in the amount of the monthly payment and a surcharge in the amount of 891 *) of the hundred, but not more than the rates of maintenance aid in accordance with § 269; in this case, if the beneficiary has obtained a simple preferential pension, the monthly payment shall be 125 of the hundred, or, if at the currency date of the currency was over 65 years old, with 150 of the hundred attached. By using the maintenance aid, the debt redemption fault on the basis of the preferential pension shall be cancelled with the right to draw out the loan. In the case of small pensioners, an amount of 20 Reichsmarks per month for the single person and 30 Reichsmark for the married person is deemed to be a payment away. § 270 shall not apply; however, the total amount of the income, including the maintenance aid, shall not exceed the maximum income amount referred to in the first sentence of paragraph 1. The maintenance aid shall be rounded up to full euro; it shall not be granted if a payout amount of less than three euros per month would arise. (3) In the event of a savings account of the type referred to in paragraph 1, it would be possible to make another loss which would result in a reduction in the amount of the payment of the amount of the payment. If the right to maintenance is justified, the person entitled shall choose whether he or she shall, in accordance with the general rules or the damage referred to in paragraph 1, benefit from the special arrangements referred to in paragraphs 1 and 2 for his or her other damage. and to claim 2. Unofficial table of contents

Section 275 Unterhaltshilfe für Vollorphans

(1) Immediately damaged orphans within the meaning of section 265 (2) shall receive maintenance assistance on time in accordance with the provisions of this section. A rate of 410 Deutsche Mark per month shall be replaced by the amount of the amount specified in Section 267 (1) and Section 269 (1). *). § 269b is to be applied only to full orphans, the 15. As a social supplement, an amount of 60 Deutsche Mark (2) The granting of maintenance assistance shall end with the end of the month in which the conditions of Section 265 (2), third sentence, No. 1 and 2 shall be omitted, unless a previous date is obtained from § 273 (2). Unofficial table of contents

§ 276 Health care insurance, nursing care insurance

(1) recipients of maintenance assistance shall receive, as an additional benefit, a medical treatment equivalent to the type, form and measure of the treatment of the non-insured recipients of current living benefits in accordance with the Third Chapter of the Twelfth Book of Social Code; persons who have their permanent residence abroad receive health care only if they are granted social assistance according to the Twelfth Book of Social Code in the case of income and non-financial resources Would. The health care provided for in the first sentence also includes the relatives for which surcharges are granted pursuant to section 269 (2), in the case of § 274, the spouse who is not permanently separated. Health care is not required as long as hospital assistance is granted in accordance with the provisions of social insurance or other statutory provisions or if, according to the Federal Supply Act, with the exception of the rules on the provision of war victims the right to such benefits is claimed; if it is determined in the above-mentioned provisions that benefits act in accordance with other laws, this shall not apply in relation to the health care provided under this Act. If the recipient of the maintenance assistance has given up his voluntary health insurance after the first-time receipt of maintenance assistance under this law, the maintenance aid shall be discontinued or the right to be granted to the Assistance shall also be provided for the provision of health care, even after the maintenance aid has been set up or the right to receive assistance is extinguisher. (2) Insofar as the recipient of maintenance assistance with his relatives referred to in paragraph 1 is 1 January 2005 voluntarily with a statutory health insurance company, at a replacement payment or at For each person insured on that day, he receives a grant of 150 euros per month for the continuation of the health insurance. (3) The President of the The Federal Health Insurance Fund (Bundescompenssamtes) is responsible for the acquisition of the medical treatment provided for in the first sentence of the first sentence of paragraph 1. § 264 (4) and (6) of the Fifth Book of the Social Code shall apply mutas to the implementation of the medical treatment. If the health care is not required, in particular because the maintenance aid is discontinued or the rest is ordered, it is necessary to proceed according to § 264 (5) of the Fifth Book of Social Code. Section 264 (7) of the Fifth Book of the Social Code shall apply to the expenses and costs incurred by the health care provided for in paragraph 1, with the proviso that 75 of the hundreds shall be borne by the competent institutions of social assistance; the the remaining amount will be reimbursed to the sickness fund by the Federal Government. (3a) Recipient of maintenance assistance which is subject to insurance pursuant to § 20 (3) of the Eleventh Book of Social Code or pursuant to § 22 or § 23 of the Eleventh Book of Social Code in the case of a private Insurance companies are insured against the need for care, receive as part of the Maintenance assistance a grant to the expenses for the nursing care insurance. The monthly grant shall be paid in the amount of the contribution which the service provider has to pay as a care insurance contribution for beneficiaries who are insured under the social care insurance scheme. (3b) For recipients of maintenance assistance, According to Article 21 (2) of the Eleventh Book of the Social Insurance Code, the contribution surcharge for childless persons is borne by the Federal Government pursuant to Article 55 (3) of the Eleventh Book of the Social Code. (4) For the Examination of the entitlement to benefit in accordance with the first sentence of the first sentence of paragraph 1 shall apply to Section 132 (1) 2 of the twelfth book of the Book of Social Law, whereby the receipt of maintenance assistance is equivalent to the benefits according to § § 119 and 147b of the Federal Social Assistance Act before 1 January 2004. The implementation of health care is the responsibility of the local social assistance institutions, which also bear the costs. The federal government reimburse 25 of the hundred. The rules on social assistance applicable to social assistance and the reimbursement of costs between the institutions of social assistance shall apply. (5) The relationship between the beneficiary on the one hand and the sickness insurance fund on the other (paragraph 1). The Social Code and the Social Justice Act shall apply to the first sentence of the first sentence of 1) or to the local institution of social assistance (paragraph 1, first sentence, half-sentence 2). In the pre-and plea procedure, the sickness insurance fund or the local institution of social assistance is accordingly passively legitimised. (6) The amount of the development of contributions to the voluntary sector, as defined in paragraph 2, may be determined by means of a legal regulation. Health insurance is adjusted. Unofficial table of contents

§ 276a

(dropped) Unofficial table of contents

§ 277 Death-money

(1) recipients of maintenance assistance may request that, in the event of their spouse's death or death, a death grant of € 520 each be granted to them. For the costs incurred, the maintenance assistance recipient shall contribute 1 euro per month, his spouse 0,50 euro; these amounts shall be withheld from the current payments of war-related pension. Moreover, the costs of the covenant are borne. (2) If the rest of the maintenance aid is ordered, the death pension is maintained. The contributions due during the period of fame shall, in so far as they cannot be withheld from current payments to compensation pension, shall be made after resumption of payments from maintenance assistance or, if during the glory of the death (3) The death allowance shall be omitted if the assistance for maintenance ends permanently without the death of the death; contributions paid shall be refunded. This shall not apply if and as long as compensation pension or aid is paid in accordance with § 301b of the maintenance aid; in this case, the contributions due from the current payments to the compensation pension or the current payment To withhold aid. Sentences 1 and 2 shall also apply to cases in which, on 1 January 1993, maintenance assistance had already been permanently terminated and the death rate had not yet occurred. (4) The application referred to in paragraph 1 may only be applied until the end of one year after the end of the year. The legal force of the decision on the granting of maintenance assistance shall be made. From the persons referred to in Article 272 (2) sentences 2 to 4, the grant of death grants may be applied for until the end of a year under the legal force of the person with whom the maintenance aid is converted to them. (5) The death fee shall be applied to: the person who has declared that the receiving aid recipient has the right to receive, in doubt, those persons, institutions or institutions who have been shown to have borne the costs of the funeral. (6) The death allowance shall be comparable to that of the Benefits not to be expected. It is also not subject to any offsetting with too much paid other services. Unofficial table of contents

§ 277a

(dropped) Unofficial table of contents

Section 278 Relationship with the compensation pension

(1) The basic amount determined in accordance with § 266 (2) shall be deemed to be used by the granting of maintenance assistance for life-time in the following amount as a claim (blocking amount):
Completed life year in the time-point monthly payout amount of the maintenance assistance in the date determined in accordance with paragraph 2 up to 7,67 EUR to 15,34 EUR to 25,56 EUR to 51,13 EUR over 51,13 EUR

80	306.78	613,55	1,022,58	1,687,26	1,994,04
75	409,03	869,20	1,431,62	1,994,04	2,300,81
70	562,42	1,175,97	1,994,04	2,300,81	2,607,59
65	766.94	1,533,88	2,300,81	2,607,59	2,812,11
60	971.45	1,994,04	2,812,11	2,812,11	2,812,11
55	1.227,10	2,454,20	2,812,11	2,812,11	2,812,11
50	1,891,78	2,812,11	2,812,11	2,812,11	2,812,11
below 50	2,812,11	2,812,11	2,812,11	2,812,11	2,812,11

(2) The amount of the blocking amount shall be determined by

1.

the age of the person concerned at the time when, as from the date of his first assistance, he has been granted assistance under this law; and

2.

the payout amount of the maintenance aid

a)

in the case of beneficiaries who have received maintenance assistance from 1 January 1955 or from an earlier date, on average for the first three months of the calendar year 1955 or, if the assistance has been rested in one of these months the three months following the resumption of payments,

b)

in the case of beneficiaries who have been or will be admitted for the first time as from 1 January 1955 with effect from a date later than 1 January 1955, in the amount resulting from the initial designation.

Unofficial table of contents

Section 278a Relationship with the main compensation

(1) The basic amount of the main compensation shall be charged to the persons entitled to payment and to the payments made to the body of the person concerned as follows:

1.

Benefits granted for the period up to 31 March 1952 under the Emergency Aid Act with the amounts granted under Section 38 of the Emergency Aid Act,

2.

for the period from 1 April 1952 to 31 March 1957 (maintenance aid under this Act and under the Emergency Aid Act, inflation surcharges under the Emergency Relief Adjustment Act) with 50 of the hundred,

3.

for the period from 1 April 1957 to 31 May 1961 (maintenance aid under this Act and under the Emergency Aid Act) with 40 of the hundred,

4.

for the period from 1 June 1961 to 31 May 1965 (maintenance of maintenance under this Act and under the Emergency Aid Act) with 20 of the hundred,

5.

for payments made on 1 June 1965, including social surcharge (§ 269b), with 10 of the hundred,

6.

Maintenance grant pursuant to § 37 of the Emergency Aid Act always with the full amount,

7.

Aid for subsisting in accordance with § § 301, 301a and the Refugee Assistance Act (Refugee Assistance Act) with the percentage of the hundred, resulting from points 2 to 5,

8.

Maintenance aid under the Reparation Damage Act as well as maintenance aid under the General Act of War and Section 10 of the Fourteenth Act amending the Burden-Equalisation Act with the percentage of hundreds resulting from points 3 to 5, in so far as these benefits cannot be credited to the compensation under the reparation damage act.

In the case of decisions taken after 31 December 2001, the DM amounts to be calculated in accordance with points 1 to 8 shall be set in euro with the divisor of EUR 1.95583. The settlement shall be carried out if, taking into account other amounts of fulfilment, it leads to full compliance with the right to main compensation or if the maintenance assistance is terminated in advance or is terminated in accordance with Section 291 (2) or the person entitled to enable the right to be paid for the main compensation, waiving the maintenance of the assistance shall be waived. Where, in the case of a life-time maintenance aid, the conditions for an invoice in accordance with the third sentence of 31 December 2000 have not been fulfilled, the calculation shall be carried out on 1 January 2001, with the right to be paid on 1 January 2001; The main compensation shall be deemed to have been met by a maintenance aid paid or dormant beyond that date, in the amount of the relevant amount referred to in the last sentence of paragraph 4. Changes in the situation after 31 December 2000 shall not be taken into account in the offsetting; however, the main compensation awarded after that date shall be set off. (2) The amount of the basic amounts shall be calculated in accordance with paragraph 1. Main damage, which have been granted

1.

for the damage caused by the directly injured person,

2.

for the damages of his spouse to be taken into account pursuant to section 266 (2) sentence 2;

3.

for the damages of a single daughter to be taken into account in accordance with § 266 (2) sentence 3, § 272 (2) sentence 4;

this shall also apply where the claims for principal compensation have been incurred in the person of heirs who, before 1 April 1952, have been replaced by the immediately injured party or his spouse. If a number of basic amounts of the main compensation are to be calculated in this respect, the calculation shall be based on the ratio of these basic amounts; if, after the calculation has been carried out, basic amounts of the main compensation are granted or changed, the (3) The surcharge of interest on the principal compensation pursuant to section 250 applicable to the amount accrued shall be applied by the grant of the maintenance assistance from the beginning of the a quarter of a calendar year following the date from which the (4) In the absence of any consideration as to whether assistance is paid, rests or is recruited, claims on the main compensation to be charged under paragraphs 1 to 3 shall be used for basic amounts

-

from 1,020 to 1,534 euros in the amount of 154 euros,

-

from 1,535 to 2,044 euros in the amount of 205 euros,

-

from 2,045 to 2,554 euros in the amount of 281 euros,

-

from 2.555 to 2.864 euros in the amount of 358 euros,

-

from 2,865 to 3,339 euros in the amount of the part of the basic amount, which exceeds EUR 2,505;

-

Of more than 3,339 euros in the amount of 25 of the hundred of the basic amount

(minimum amount); if, in accordance with paragraph 2, it is to be included in several basic amounts of the main compensation, the minimum amount shall be calculated from the sum of these basic amounts and shall be divided up in proportion to the basic amounts. In addition to the minimum amount of payment, the claims for principal compensation, as long as the maintenance aid is paid or rests, can only be fulfilled in so far as the average of the cases cannot be expected to overpay the main compensation. is. To the extent that the claims for principal compensation cannot be fulfilled before the calculation, they are provisionally taken up by the granting of maintenance assistance. (5) Unterhaltshilfe can no longer be awarded after the Claims for the main compensation to be applied in the event of recognition under paragraphs 1 to 3 are fulfilled; after partial fulfilment of these claims beyond the minimum amount of payment (paragraph 4), maintenance aid may only be granted to the extent to which the average of the cases is an overpayment of the However, it is not to be expected that the main compensation is to be granted. (6) However, maintenance assistance for life can also be granted on the basis of the following provisions after the fulfilment of claims on the main compensation:

1.

Are claims for principal compensation by cash payment, registration of debtor accounts receivings, handing out of debt securities, justification of savings deposits or offsetting have been fulfilled and are thereafter the conditions for the award of Maintenance assistance by extension of § 273 has been created, the fulfillment is reversed upon request, insofar as it is contrary to paragraph 5 of the grant of maintenance assistance for life time. The amount of the compensation shall be repaid to the compensation fund within one year of the application of the application, if it is reasonable. The maintenance aid may be granted at the earliest from the date of the month following the date of the application to reverse the fulfilment; the payment of the maintenance aid shall begin with the first of the month following the repayment of the The amount of the charge shall be followed. If the repayment of the amount of the payment is not reasonable within one year, maintenance assistance may be granted on a lifetime, with the proviso that the amount of the payment of the maintenance aid shall be reduced by the amount of the credit (paragraph 1) for so long, until the sum of the amounts of reduction reaches the amount of the amount of payment which is contrary to the granting of maintenance aid for life.

2.

If claims for principal compensation have been fulfilled by means of credit transfer within the meaning of § 291 (1), or if the amounts for a project within the meaning of § 291 (1) have been proven to have been used, the number 1 sentences 1 to 3 shall apply. If a repayment of the amount of the fulfilment, insofar as it precludes the granting of maintenance assistance for life time, is not reasonable and was based on a basis of existence within the meaning of section 273 (5) No. 1, maintenance aid may be granted in accordance with the fourth sentence of point 1. if the establishment or protection of the livelihood has not been achieved, because

a)

an agricultural lease has expired, or

b)

the recipient of the service has died or has been made prematurely impossible by serious physical or mental insecurity, either himself or with the help of his relatives, to continue the project.

3.

If claims for principal compensation have been fulfilled by means of credit transfer within the meaning of Section 291 (3), or if the amounts for a project within the meaning of Article 291 (3) have been proven to have been used, the first sentence of the first sentence and the second sentence of the second sentence shall apply. of the amount of the fulfilment insofar as it precludes the granting of maintenance assistance for life time, shall not be presumed to be valid, the following shall apply:

a)

Where a construction loan has been credited, the loan shall be restored to the extent of the amount not repaid, with effect from the date of the settlement.

b)

If a payment amount has been used for a project within the meaning of Section 291 (3), a loan relationship with effect from the date of the performance shall be reestablished in the amount of the non-repaid amount.

c)

The arrears of interest and repayment services resulting from the restoration or reestablishment of a loan relationship shall be offset by the maintenance aid from the date on which they are to be recognised.

The maintenance aid may be granted at the earliest from the date of the month following the date of the application to reverse the fulfilment; the payment of the maintenance aid shall begin with the first of the month following the repayment of the the amount of the repayment or the completion of the settlement of the amounts recovered (point (c)).

4.

Where the claims for principal compensation have been met by taking up loans for the promotion of a full-time agricultural job, the recipient of the loan had to be able to operate on the grounds of an advanced age or incapacity for work. In the event of an offspring or other injured party, and because of the economic situation of the holding, it is not possible to implement at that time the retirement provision associated with the provision of a host, the first sentence of paragraph 1 shall apply to 3. Where a repayment of the amount of the fulfilment is not reasonable, the fulfilment of the compliance of the trader shall be reversed upon request in such a way as to prevent the fulfilment of the payment of the maintenance aid for life time, in such a way that the payment of the payment is not possible. The loan shall be restored to the borrower with effect from the date on which the credit is credited, for which point 3, second sentence, point (c) and the third sentence of paragraph 3.

5.

If claims on the main compensation for damages of a deceased directly injured person have been fulfilled before the conditions of § 230 for the application for war-related pension pension were met with his surviving spouse, the performance shall be fulfilled. The application shall be reversed if, in accordance with paragraph 5, it precludes the granting of maintenance assistance for life-time and if it cannot be reversed in accordance with points 2 to 4. Point 1, sentence 2 to 4 shall apply.

(7) Further information on the calculation of maintenance assistance (paragraph 1), on the fulfilment of claims for principal compensation in addition to the continuation of maintenance assistance (paragraph 4) and on the granting of maintenance assistance after full or partial payment Compliance with the claims for the main compensation (paragraphs 5 and 6) shall be determined by means of a regulation. In the case of paragraphs 4 and 5, the amount of the payment of the maintenance aid and the average life expectancy of the person entitled to be paid shall be taken as a basis; in the case of spouses not permanently separated with a different average number of average Life expectancy is higher for three-fifths of the payout amount, and the lower average life expectancy for two-fifths is to be used. For the purposes of applying paragraph 6, account may also be taken, in particular, of the minimum amount of filling, the date of recognition and payment of maintenance aid, the amount of the reduction amount of the maintenance aid and the rate of return of the claim. to be settled on the main compensation for repayment of payment amounts.

Third Title
Compensation pension

Unofficial table of contents

§ 279 Income ceiling

(1) Compensation pension shall be granted if the income of the person entitled to compensation is 1.133 Deutsche Mark *) do not exceed monthly. This amount shall be increased

1.

for the spouse not permanently separated from the beneficiary by 701 Deutsche Mark *) monthly,

2.

for each child within the meaning of section 267 (1) (2) of 260 Deutsche Mark *) monthly,

3.

for persons in need of care within the meaning of § 267 (1) sentence 3 to 6, in order to provide care allowance,

4.

for former self-employed persons within the meaning of section 269a of the supplement to the self-employed surcharge.

In the case of directly damaged orphans within the meaning of section 265 (3), the maximum income amount is 475 Deutsche Mark. *) monthly. If the calculation of the compensation pension is based on the basic amount of the main compensation, the maximum income amount for the person entitled to compensation shall be increased to 1,363 Deutsche Mark *) monthly and for a full orphan to 590 Deutsche Mark *) monthly as well as the increased amount for the spouse to 756 Deutsche Mark *) monthly and for each child on 311 Deutsche Mark *) monthly. For children, who are the seventh and for orphans, who are the 15. (2) § 267 (2) and (3) shall apply for the calculation of the income. (2) The amount of the income in the sentences 2 to 4 shall be increased by the social supplement according to § 269b (2) (2) or (2) (2) (2). The last sentence of section 267 (2) (reduction of allowances for social surcharge) shall not apply. (3) The rates of the maximum income amount referred to in paragraph 1 shall be adjusted by means of a legal regulation in order to adjust the amounts of the rates of the maximum amount of the income. Change maintenance assistance, including social surcharge, by adjustment in accordance with § 277a. Unofficial table of contents

§ 280 Amount of the compensation pension

(1) The compensation pension amounts to four per annum of the basic amount pursuant to § 266 (2), in the cases of § 279 (1) sentence 4, § 282 (4) and (5) and § 283 (2) (b), No. 3 sentence 4 and No. 4 per year, four of the hundred of the The basic amount of the main compensation, subject to the legal regulation pursuant to Section 261 (4) of the basic amount or the partial basic amount of the zone (§ 250 (7) sentence 2), which is based on the damage to the zone, shall not be taken into account. If compensation pension is granted in addition to maintenance aid, it shall be four of the hundred of the basic amount, in so far as the basic amount exceeds the blocking amounts determined in section 278 (1); the basic amount is mainly based on savings, the increase in the amount of the basic amount. (2) The percentage of the compensation pension referred to in paragraph 1 shall be increased if the person entitled to compensation is higher than the 65 at the time he receives the compensation pension for the first time. The age of each year has been completed by one per hundred for each other year of life completed at that time. However, the percentage shall be at least

1.

if the basic amount is not mainly based on savings, 8 of the hundred,

2.

in the case of persons who fall under Article 267 (2) (2) (a) and (b) and which are 80 of the hundred or more persons in employment, 7 of the hundred,

3.

in the case of persons who receive care allowances, care allowances or care benefits in accordance with the Federal Law on the Supply of Care, the provisions of the Seventh or Eleventh Book of Social Code or comparable benefits from a private insurance undertaking or fall under Section 267 (2) (2) (c), eight of the hundred.

(3) In the case of the aggregation of the compensation pension with the other income (Section 267 (2)) of the beneficiary, including a maintenance aid related to him, a higher total amount than the maximum income amount according to § 279 shall be obtained, the compensation pension shall be reduced by the excess amount. (4) The total income pursuant to section 267 (2) shall be deducted from those amounts which, in accordance with section 267 (2) (2), second sentence, no. 3, 4, 6, 7 and 8, are to be exempted from the offsetting. , together with the resulting war damage, more than 150 of the hundred of the (5) Compensation pension shall not be granted if, in accordance with the provisions of paragraphs 1 to 4, the amount of the compensation pension shall be reduced by the amount of the maximum amount of the amount exceeded by the maximum amount of the income ceiling. (5) Payment of less than 3 euros per month would be the result. Unofficial table of contents

Section 281 Advance payments to the compensation pension

If the conditions for granting the compensation pension are met and if the person entitled to receive the compensation is credited with the result that he has suffered a loss of property of more than 20,000 Reichsmarks, the right to compensation pension may be fixed until the right to compensation has been fixed. Advance payments to the compensation pension in the amount of EUR 11 per month are granted. Unofficial table of contents

Section 282 Special requirements for the compensation pension

(1) In the event that the basic amount of the beneficiary exceeds the amount referred to in Article 280 (1) sentence 2, the compensation pension shall be granted only in addition to maintenance assistance for life; the person entitled may, subject to paragraph 5, request that he be entitled to: (2) The compensation pension shall be granted only if the basic amount of the beneficiary does not exceed the amount referred to in Article 280 (1) sentence 2, subject to the provisions of paragraph 5, only if the person entitled to compensation Cannot claim maintenance assistance or not claim. (3) The basic amount mainly savings, the compensation pension is only granted if the basic amount reaches the following minimum amounts:
Completed life of the person entitled to compensation at the time when compensation pension is granted for the first time minimum basic amount

80	EUR 1.533
75	1.891 EUR
70	EUR 2,249
65	2.607 EUR
65	EUR 2,965.

(4) If the injured person was born after 31 December 1889 (a woman after 31 December 1894) and before 1 January 1907 (a woman before 1 January 1912), compensation pension shall be granted if the damage to the person directly injured and his/her immediate victim is in accordance with section 266 (2) sentence 2, the spouse shall be entitled to the principal compensation, in which case the amount of the compensation pension shall be calculated solely on the basis of the final basic amount applicable to the main compensation. Section 273 (5) (2), second sentence, shall apply accordingly. The first and second sentences shall apply if the injured person has become incapacitated at the latest on 31 December 1971 within the meaning of Article 265 (1) and fulfils the conditions laid down in § 273 (5) (1) and (2). (5) If the injured party is after 31 December 1906 (a woman after 31 December 1911) was born or became incapaciated after 31 December 1971 within the meaning of Article 265 (1), compensation pension is payable in accordance with the provisions of paragraph 4, in addition to ongoing or dormant maintenance aid in accordance with § 273 (7) is granted. Unofficial table of contents

Section 283 Relationship with the main compensation

(1) If a compensation pension is granted on its own, the following shall apply in relation to the main compensation:

1.

Payments made to the person entitled to compensation and to persons who are to his place of compensation shall be paid on the right to be paid at the date of the removal of the compensation pension or the previous account (point 2 (a)). The main compensation (§ 251 (1)) is credited; the accusation of the interest rate surcharge is the priority. In the case of special ongoing aid pursuant to § § 301, 301a and the Refugee Assistance Act as well as for increases in the amount of the aid for the subsistence according to § § 301, 301a, sentence 1 applies accordingly, for compensation pension under the reparation damage law in so far as it cannot be credited to the compensation under the reparation damage law. The interest rate shall not be credited until the end of the quarter of the calendar year in which the date on which compensation was granted is due. The claims for principal compensation, which result from the following, shall be set out in the following:

a)

for the damage caused by the directly injured person,

b)

for the damages of his spouse to be taken into account pursuant to section 266 (2) sentence 2;

c)

for the damages of a single daughter to be taken into account in accordance with Article 266 (2) sentence 3, Section 285 (3) sentence 2;

this shall also apply where the claims for principal compensation have been incurred in the person of heirs who, before 1 April 1952, have been replaced by the immediately injured party or his spouse. If a number of claims are to be calculated on the basis of the principal compensation, the offsetting shall be carried out in accordance with the ratio of those claims; if, after the offsetting has been carried out, claims for principal compensation are granted or changed, the calculation shall be made in accordance with to change the relationship between the claims and the relationship between them.

2.

To be calculated in accordance with point 1, if:

a)

the offsetting, taking into account other amounts of fulfilment, leads to full compliance with the right to main compensation, or the compensation pension is previously terminated permanently or is terminated in accordance with section 291 (2), or

b)

the rightholders, in order to enable the fulfilment of the right to principal compensation, waived the payment of the compensation pension; if only one part is waived, the compensation pension shall be derived from the remaining basic amount of the To recalculate the main damage, taking into account the offsetting referred to in point 1.

If the conditions for an invoice in accordance with the first sentence of 1 to 31 December 2000 have not been fulfilled, the calculation shall be carried out on 1 January 2001, where the right to principal compensation shall be deemed to have been paid in excess of that date, or retirement compensation pension at the level of the amount referred to in the second sentence of point 3 above. Changes in the situation after 31 December 2000 shall not be taken into account in the offsetting; however, on the basis of the main compensation awarded after that date, it shall be counted.

3.

As long as compensation pension is paid or rests, claims for the main compensation to be charged under point 1 may be fulfilled only in so far as the average of the cases is subject to the partial waiver referred to in point 2, first sentence, point (b). an overpayment of the main compensation is not to be expected. To the extent that the claims for principal compensation cannot be fulfilled before the credit transfer, they are provisionally used by the granting of compensation pension. If claims for principal compensation have been partially fulfilled during the granting of compensation pension beyond an interest surcharge within the meaning of the third sentence of point 1, the amount of the remaining basic amount shall be calculated for the calculation of the compensation pension. The main damage is decisive.

4.

Compensation pension can no longer be recognised after the claims on the main compensation to be applied in the case of the award of the award in accordance with point 1 are fulfilled. In the case of recognition after partial fulfilment of these claims, the compensation pension shall be calculated from the remaining basic amount of the main compensation; the claims for principal compensation are only in the amount of an interest-rate surcharge in the sense of the In the case of the third sentence of paragraph 1, the compensation pension may be granted as if it had not been fulfilled.

(2) The details of the offsetting of compensation pension (paragraph 1 (2) sentence 2) and the performance of claims for principal compensation in addition to the repayment of compensation pension (paragraph 1 (3)) shall be determined by means of a decree-law. In this case, the amount of the compensation pension and the average life expectancy of the person concerned, in the case of spouses not permanently separated, with different average life expectancy from the higher average life expectancy. Unofficial table of contents

Section 283a Relationship with the main compensation in relation to the simultaneous receipt of maintenance assistance

(1) If compensation pension is granted in addition to maintenance assistance, the following shall apply in relation to the main compensation § 283 with the following conditions:

1.

In accordance with Section 283 (1) (1) (1) and (2) sentence 2, subject to points 2 to 4 and paragraph 2, the right to the main compensation for compensation still remaining after the application of Section 278a is to be set out.

2.

The first sentence of Article 283 (1) is to be applied with the proviso that the fulfilment of the right to principal compensation beyond the amounts which can be fulfilled in accordance with point 3 can only be made possible by a full waiver of the compensation pension. If, at the same time, the continuation of the maintenance aid is not waived, the payment of compensation pension shall be credited to the part of the right to principal compensation, which is not provided for in Article 278a (4) by the granting of the Maintenance assistance has been provisionally used.

3.

Regardless of whether maintenance assistance and compensation pension are paid, rest or set, claims on the main compensation to which the payments made are to be charged shall be made with the resulting payment in accordance with Section 278a (4). Minimum fill level is satisfied. In addition to the minimum amount of payment, the claims for principal compensation, as long as maintenance assistance and compensation pension are paid or rest, can only be fulfilled in so far as they are the sum of the sum of the total amount of the total compensation.

a)

of the amount provisionally used by the maintenance aid (Article 278a (4)),

b)

of the amount provisionally used by the compensation pension (Section 283 (1) (3)) and

c)

the minimum amount of charge (Section 278a (4))

.

4.

In the case of recognition after partial fulfilment of the right to main compensation (Section 283 (1) no. 4), the compensation pension is to be calculated from the amount by which the remaining basic amount of the main compensation is determined by the amount specified in § 278 para. 1 However, if the right to principal compensation has not been fulfilled beyond the minimum amount of payment or only in the amount of an interest-rate surcharge within the meaning of § 283 (1) (1) sentence 3, the compensation pension shall be equal to the amount to be paid in the amount of in order to calculate the basic amount resulting from § 266 (2), which is determined by the provisions of Section 278 (1) The amount of the blocking exceeds

(2) The further information on the performance of claims for principal compensation in addition to the continued granting of maintenance assistance and compensation pension as well as the granting of maintenance assistance and compensation pension after partial compliance with the claims the main compensation shall be determined by means of a regulation of the law. In particular, provisions may also be made on the effects of previous or subsequent performance of the principal compensation on the minimum amount of charge, on the order of payment of payments to Damage to the war and the performance of the main compensation as well as the consequences of the exercise of the right to vote in accordance with § 263 (3). Unofficial table of contents

Section 284 Special arrangements in the event of loss of professional or other livelihood

(1) If a loss of professional or other livelihood is found and the loss is still affected, it shall be granted as compensation pension.
in the case of average annual earnings according to § 239monthly compensation pension

from 2,000 to 4,000 RM	EUR 16
from 4.001 to 6,500 RM	EUR 26
from 6.501 to 9,000 RM	EUR 36
from 9.001 to 12.000 RM	EUR 44
over 12,000 RM	EUR 52

(2) The rate of the monthly compensation pension shall be increased by 50 per cent if the loss of professional or other livelihood has been linked to the loss of private-sector pension rights arising from the postponement; prerequisite is:

1.

that the condition on reaching an age limit or in the entry of the incapacity for work was and

2.

that entitlement to care under the law governing the legal conditions of persons covered by Article 131 of the Basic Law of 11 May 1951 (Bundesgesetzbl. 307) in the version of the amending laws passed on it.

In the cases of the first sentence, compensation pension is granted even if the injured person was born after 31 December 1889 (a woman after 31 December 1894), but before 1 January 1907 (a woman before 1 January 1912) or at the latest by 31 December 1907. (3) If the entitled "Unterhaltshilfe" (maintenance aid) is maintained, the amount of 16 euros resulting from paragraphs 1 and 2 shall be deemed to have been paid for by the maintenance aid. (4) § 280 (3) to (5) shall apply accordingly. Unofficial table of contents

§ 285 Duration of the compensation pension

(1) The compensation pension shall be granted on a lifetime, at full orphans at the most up to the date specified in section 275 (2). The payment of the compensation pension for life shall end at the end of the month in which the person entitled died, in the case of succession in accordance with paragraphs 2 and 3, at the end of the month following the date of death. (2) If the person entitled to In the event of his death, his/her spouse shall not be permanently separated from him under the conditions laid down in § 272 (2) sentence 3 without a new request from the beginning of the next month following the death of the death of his spouse. In this case, the compensation pension shall end with the death of the spouse. (3) Paragraph 2 shall apply in accordance with the provisions of Section 261 (2) sentence 2 for a single daughter. The second sentence of Article 266 (2) and the second sentence of Article 266 (3) is to be applied in such a way that the application, the basic amounts or the lost income are not to be combined until the end of one year after the legal force of the charge with which the compensation pension shall be applied to the single daughter has to be turned over. Unofficial table of contents

Section 285a

§ 276 (3a) and (3b) shall apply in the case of compensation pension and special running aid.

Fourth Title
Common rules

Unofficial table of contents

Section 286 granting of the right to a war-related pension

The right shall be granted to the person entitled according to the amount and duration of the claim. Unofficial table of contents

§ 287 fulfillment of the claim for war damage pension

(1) War-related pension shall be granted in the event of the other conditions having effect from 1 April 1952, if the application is lodged by 1 May 1953; it shall, if the conditions for the granting of a war-war pension in the period of time between 1 April 1952 and 1 May 1953, from the first of the month in which the conditions for the granting of the war-war pension are met; In all other cases, a war-charged pension shall be granted with effect from the following month's most of the year following the date of submission of the application. The current payment shall be made in the same monthly amounts in advance up to the fifth day of each month; if the resulting monthly payment is less than EUR 10, it may be paid quarterly in advance. The first current payment shall be paid in respect of the amounts for the past months. (2) The war shall be repaid as long as the conditions for granting it are not available in the person of the person entitled to the war. (3) During the time of the payment of a payment, the amount of the payment shall be paid. A custodial sentence of at least three months shall be paid to the maintenance aid up to the level of the sentence of the maintenance aid applicable to the criminal prisoner, in the case of spouses not permanently separated, up to the amount of the marriage allowance in accordance with section 269 (2). The same shall apply in the case of accommodation in security custody; in the case of criminal law In the case of a psychiatric hospital or a descaling establishment, maintenance assistance shall be granted only up to the level in which it could not be transferred to the institution of social assistance pursuant to Section 292 (4). (4) The A pension shall be deemed to be permanently terminated if, after 31 December 1964, it has been uninterrupted for five years, unless it has been granted for advanced age and because of the payment of income within the meaning of section 267 (2) of the Act. No. 3 rests. Unofficial table of contents

§ 288 Effects of changes

(1) In accordance with the provisions of this Section, retrospectively entered circumstances shall, in so far as they have an effect in favour of the beneficiary, become effective from the first of the current month in so far as they have an effect on the beneficiary's benefit, from the following month's service, but in the case of pension payments from the date on which they are granted. (2) In the case of non-fixed income persons, circumstances which would result in a change in the amount of the credit according to § 270 shall be taken into account within the for the current calendar year only if the monthly amount of the an annual average of more than one-fifth of the amount to be calculated differs from the previous amount of credit to the top or bottom of the figure. Unofficial table of contents

Section 289 Reporting obligation

(1) If circumstances subsequently include circumstances which are of importance for the claim for war or for its height, the person entitled shall, if such circumstances may lead to a reduction or a loss of the war damage pension, shall be (2) The person entitled to do so shall, in particular, be obliged to indicate if he is entitled to a pension retroactively for months for which he has already received support. (3) If the person entitled to receive a pension is deceased or not in the Where appropriate, the spouse and the heirs, where appropriate, shall be provided with the Legal representatives. Unofficial table of contents

§ 290 requirement to grant

(1) Authorised persons are obliged to reimburse the amount of the amounts of war damage pension and maintenance assistance under the Emergency Aid Law and the Teuerungszubeats according to the Emergency Relief Adjustment Act, to the extent that these laws or regulations apply in accordance with these laws. There is a right to reclaim public administration law. Subject to the provisions of sentences 5 and 6, the claim for repayment may only be claimed within four years from the end of the calendar year in which the overpayment was made; the period shall be ten years if the person entitled to the surcharge is to pay the overpayment. shall be represented or represented, in particular if they have not complied with their reporting obligations pursuant to Section 289. To the extent that the claim for recovery can be claimed, the overpayment may be treated as an advance payment to the current payments. However, a reduction in current payments is only allowed up to an amount of 50 euros per month. If the right to reimbursement is not in a position, or if the claim for repayment has arisen after the expiry of the period determined in accordance with the second sentence of sentence 2, the principal shall, in the first instance, be the second line, where a claim is to be made to The main compensation is charged with the main compensation. If a settlement is not possible under the sentences 3 to 5, the basic amount (§ 266 para. 2) is to be reduced by the overpayment. (2) The beneficiary is also obliged to pay the entitlement to the pension benefits which are granted to him for the past months (3) The institutions of the Social Security and the associations and institutions as well as all the departments and offices of the social security organizations and the institutions of the same kind as referred to in Article 18 (1) no. 16. public authorities, in particular the utilities and health care services, are Obligates to direct the disbursing of pension benefits granted to recipients of maintenance payments for the past months directly to the Federal Government, to the extent that these benefits are to be added to the maintenance aid pursuant to § 270, or after emergency aid, the entitlement to a supplementary pension was to be paid to the federal government. § 87 of the Tenth Book of the Social Code shall be applied accordingly. In so far as overpayments of maintenance aid, which have been incurred as a result of the offsetting of pension payments, are not compensated by direct performance of the repayment to the Federal Government, the following shall apply for the consequent claim for the repayment of the repayment. In the case of a claim for a repayment of a pension of up to 50 euros, the head of the compensation can be separated from the direct effect to the federal government and instead reduce the current payment of the war-related pension. If federal reimbursement claims are met with those of other public funds, the Federal Government shall take precedence. Proceedings before the courts for the enforcement of the right to direct effect of benefits to the Federation according to the sentences 1 and 5 are free of charge. Unofficial table of contents

Section 291 Relationship with construction loans

(1) Persons who are entitled to claim the damage caused by the war, the damage to the war or the damage to the East can, if they fulfil the conditions for granting both war and construction loans pursuant to § 254 (1), by their choice either a war-related pension or a construction loan pursuant to section 254 (1). If such a loan or a loan for the establishment of a business under Section 44 of the Emergency Relief Act or the provisions of the Refugee Settlement Act have already been provided to the beneficiary or his/her spouse, benefits may be provided.

1.

War damage pensions shall only be granted if:

a)

the benefits paid on the loan are refunded or the repayment by a third party is ensured; or

b)

in the case of a war damage pension, the unrefunded loan amounts could be fully charged for a maximum of 12 months, with the right to repayment or on-the-day payment of war-related charges for a total period of not more than 12 months; and the person entitled agrees to this settlement;

2.

Maintenance aid shall be granted only if the conditions laid down in point 1 are not fulfilled, but it is made credible that the claims for principal compensation which are necessary for the damage of the directly injured person and of his or her pursuant to § 266 2, second sentence, to be taken into account in the case of spouses which are not reimbursed in excess of the amounts specified in section 278 (1) above.

If the establishment or safeguarding of the livelihood has not been achieved, because an agricultural lease has expired or the recipient of the loan has died or it is prematurely due to serious physical or mental infestation where it has been made impossible to continue the project itself or with the assistance of its dependants, under the conditions laid down in Article 273 (5) (1), maintenance aid may be granted on a life-time basis, provided that the amount of the payout of the Support for maintenance of interest and repayment amounts to be made on the loan as long as possible until the sum of the reduction amounts reaches the non-reimbursed amount of the loan; the amount of the reduction shall not exceed the amount which would result in accordance with Article 278a (6) (1) sentence 4 if, at the time of the loan, a The right to principal compensation would have been met. The details of the date of the award and the beginning of the payment of maintenance assistance, the amount of the amount of the reduction and the meeting with the reduction of the maintenance aid in accordance with Section 278a (6) shall be determined by means of a decree law. (2) The authorized person, who had initially chosen a war-related pension (paragraph 1), can subsequently apply for a reconstruction loan pursuant to § 254 (1); in this case the payment of the war-charged pension is not later than six months after the granting of the building loan. (3) Building loans pursuant to Article 254 (2) and (3) and construction loans to the The promotion of an agricultural secondary employment agency can also be granted in addition to war-related pension pensions. Sentence 1 shall apply mutatily if benefits have been granted in accordance with the provisions of the Refugee Settlement Act for the promotion of an agricultural secondary employment agency. Unofficial table of contents

Section 292 Relationship with social assistance, war victims ' welfare and unemployment insurance, and benefits for livelihood

(1) In addition, the provisions of the Regulation shall apply in respect of persons entitled to benefits in respect of which the conditions for the granting of benefits, social assistance or the provision of war victims are met, in spite of the payment of war-related pension pension. Second book Social Code, the Twelfth Book of the Social Code, or the provisions of the Federal Law on the Protection of War. (2) As part of an asset, its consumption or utilization, the granting of benefits to the Securing livelihoods, social welfare or war victim care cannot be made subject to the following conditions:

1.

the maintenance assistance granted in accordance with § 274, but not more than 297 Deutsche Mark monthly *),

2.

the four part of the compensation pension referred to in § 280, or

3.

half of the payment amount of the compensation pension in accordance with § 284.

(3) For the same period of time after the Third Chapter of the Twelfth Book of Social Code, after the Second Section of the Third Chapter of the Second Book of the Social Code or after the third chapter of the Second Book of the Book of Social Code, the following shall be paid for the same period of time. the provisions relating to the provision of war victims shall be counted as a means of subsisting or subsisting assistance, except in the case of one-off benefits outside the institutions, homes or similar institutions. In the case of maintenance aid in accordance with § 274, the credit transfer to the 297 Deutsche Mark *) is limited monthly. The right to be repaid shall be paid in the amount of the sums allocated to the institution of the social assistance, the institution responsible for each of the provisions of the Second Book of Social Code, the Federal Employment Agency, or the institution of the victims of war. The same applies to the part of the compensation pension not covered by paragraph 2 (2) or (3). (4) If, in the case of § 274, the person entitled to the compensation is not permanently separated from him in the case of § 269 (2), the person entitled to the compensation shall be entitled to the right to Living spouses, subsisting assistance in accordance with the third chapter of the Twelfth Book of the Social Code, benefits for the maintenance of the subsistent life after the Second Section of the Third Chapter of the Second Book of the Social Code, or supplementary Assistance for living according to the rules on the provision of war victims in a The institution, a home or a similar institution may, in accordance with the Second Book of Social Code, the institution of social assistance or the institution of the victims of war, be entitled to pay compensation for its expenditure. Payments to war-related pension are transferred to themselves as follows:

1.

Where maintenance assistance is granted, the right to the full amount of the subtensive aid eligible for the person or spouses accommodated may, however, be granted only in the case of paragraph 2 (1), plus the social supplement, in the case of paragraph 2 (1). Height of the 297 Deutsche Mark In the case of spouses who are not permanently separated, the amount of the supplement to the surcharge in accordance with section 269 (2) and the social surcharge of the amount determined in § 269b (2) No. 1 shall be deemed to be the amount of the amount determined in accordance with section 269b (2) (2) even if the The person entitled to a living, not his/her spouse, who is entitled to a living, or who is entitled to a living in an institution, a home or a similar institution, shall be entitled to receive the assistance. Up to the amount of the self-employment surcharge in accordance with § 269a, the right to a maintenance aid may only be transferred if the assistance is granted for the livelihood of a single person entitled to the right of residence or at the same time the spouses are accommodated; is of not permanently separated spouses, only one spouse is accommodated, only the increase amount can be transferred in accordance with § 269a (3).

2.

If compensation pension is granted on its own or in addition to maintenance aid, the part of the compensation pension not covered by paragraph 2 (2) and (3), in the case of advance payments on compensation pension in accordance with Section 281, may be transferred to the amount of 11 euros.

(5) In the case of benefits comparable to that of the fifth to ninth chapters of the Twelfth Book of the Social Code, paragraphs 3 and 4 shall apply in accordance with the provisions of paragraph 19 in conjunction with the Eleventh Chapter of the Social Code. Twelfth Book of the Social Code of the requesting person, her spouse and her parents is to be granted the use of income. The same applies to benefits in accordance with § § 26, 27, 27a (2) and § 27b of the Federal Supply Act. (6) The unemployment benefit is income within the meaning of section 267 (2) and the pension benefit within the meaning of this section. (7) (omitted)

Fifth Title
Rules for the payment of the war-related pension after 31 December 2005

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Section 292a Provisions on maintenance and indemnity

(1) According to § § 261 to 292 granted claims for a war-related pension are fulfilled after 31 December 2005 in accordance with the following provisions:

1.

Support for maintenance and compensation shall last on 1 January 2006 in accordance with the status of 31 December 2005.

2.

Any changes to the circumstances which are important for the granting of benefits shall no longer be taken into account after 31 December 2005. The same shall apply to circumstances which have been entered into by 31 December 2005 and shall be known to the balancing authority as from 1 July 2006 following the entry of the determining force of the decision on the fixing of a fixed-notice period. Repayment or repayment claims do not exist in these cases.

3.

The maintenance aid fixed on 1 January 2006 shall be adjusted in accordance with the percentage to be adjusted in each case by the pensions of the statutory pension insurance scheme in the old Länder.

(2) In the event of the death of the person entitled to death on 1 January 2006, his/her spouse shall not be permanently separated from him on 31 December 2005 if the conditions of § 272 (2) sentence 3 are fulfilled. (3) shall be subject to maintenance assistance or compensation pension,

1.

if, on 1 January 2006, an amount of less than EUR 5 per month would be paid in each case,

2.

in the case of the death of the latter, by the end of the death month.

(4) § 118 (3) and (4) of the Sixth Book of Social Code shall apply mutagenously for the reimbursement of war-related pension payments and of grants within the meaning of Article 276 (2) and (3a), which have been paid out for the period following the death of the person entitled to the war. Unofficial table of contents

§ 292b Death money

(1) In the event of death, a death fee of 750 euros will be granted for recipients of war-related pension and their spouses, who take part in the death allowance in accordance with § 277 on 1 January 2006. In addition to the costs incurred, the maintenance assistance recipient shall contribute € 2 per month; this amount shall be withheld from the current payments to the war-related pension. (2) The provisions of Section 277 (3), (5) and (6) shall also apply. Unofficial table of contents

Section 292c Enforcement rules

In the cases of § 292 (4) sentence 1, the war damage pension can be transferred

1.

in the case of a person alone, and in the case of spouses who have been accommodated at the same time, the full amount of the assistance provided,

2.

in the case of accommodation of the beneficiary or of his spouse, who is not permanently separated on 31 December 2005, the assistance provided for the spouse up to that date for the spouse pursuant to Section 269 (2), § 269a (3) and 269b (2) (1) the amount of the surcharges,

3.

in the amount of 4 per cent of the basic amount of the compensation pension fixed on 1 January 2006 in accordance with § 280 or half of the payment of the compensation pension fixed on 1 January 2006 in accordance with section 284.

Sixth Section
Household rattles

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§ 293 Conditions

(1) House compensation shall be granted for the purpose of retribution of damage caused by the war, damage to the war, and damage to the East within the meaning of § 14 (1) sentence 1, which consist in the loss of household goods. (2) As injured party, if the loss of house rate in the joint Household living spouse has been created without regard to the ownership of both spouses. The house rate compensation is granted to that of the two spouses for whom the house rate loss has been determined. If a spouse is deceased after the injury, the household allowance shall be granted in full to the surviving spouse. If the spouses were separated on 1 April 1952 or if they were divorced, each of the spouses can claim half of the household's allowance, unless one of the spouses proves that he alone was the owner of the lost household. Unofficial table of contents

§ 294 Transferability

The right to property compensation can be relegated, transferred and pledged, but not paved; § 244 sentences 2 and 3 shall apply mutas. Unofficial table of contents

Section 295 Recognition and amount of entitlement

(1) The claim shall be granted to the injured party in accordance with the calculation of the damage according to § 16 of the German Arrest Act; the household allowance shall be

-

in the case of income of up to 4,000 RM per year, or in the case of assets up to 20,000 RM 620,

-

in the case of income of up to 6,500 RM per year, or in the case of assets up to EUR 40,000, 820 euros,

-

in the case of revenue of more than 6,500 RM per year or a higher capacity than EUR 40,000 930 per annum.

If an unmarried claimant did not have a household with a majority of its own body, but at the time of the injury he was the owner of furniture for at least one living room, the amount of the compensation referred to in the first sentence shall be replaced by the Compensation amounts of 210 euros, 310 euros and 360 euros. (2) If the immediate injured party is deceased, § 247 shall apply. (3) The compensation amounts referred to in paragraphs 1 and 2 shall be based on the family status of the injured party on the first day of the day. The following surcharges were granted in April 1952:

1.

for the spouse not permanently separated from the injured party, 110 euro,

2.

for each of the other members of the family who are members of the budget of the injured party and who are economically dependent on him, provided that he is not entitled to compensation himself, 80 euros,

3.

for the third and any other child taken into account in accordance with point 2, until the completion of the 18. Life year for a further 80 Euro each.

The surcharges shall also be granted to members of the family who have been admitted to the budget of the injured party after 1 April 1952 under the conditions laid down in § 230 (2) (1) to (4). The surcharges are granted only once for a person; they are not granted to the spouse, who himself is entitled to household allowance. Unofficial table of contents

Section 296 reckoning of previous payments

(1) The right to house-rate compensation shall be reduced by those compensation payments which have been granted for the loss of household goods under the War-Law Damage Regulation, the Reich Performance Act or other internal German regulations , unless the household council recovered from the compensation payments has been lost again by war events; the Reichsmark payments are to be made at 10 of the hundred. (2) Services for aid in the field of domestic assistance pursuant to § 45 of the Emergency relief law and in accordance with the Land Law of the State of Berlin on 22 November 1951 (Law and ordinance sheet for Berlin, p. 1117) and the supplementary provisions adopted for this purpose are fully credited to the right to property compensation under this law. (3) For decisions taken after 31 December 2001, the following shall be taken into account: in accordance with paragraphs 1 and 2, with the divisor of EUR 1.95583 in euro. Unofficial table of contents

Section 297 fulfillment of the claim

The order of fulfilment of the claims shall be determined taking into account social aspects as a matter of urgency.

Seventh Section
Housing Aid

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Section 298 Conditions

(1) Housing assistance may be granted to displaced persons and victims of the war if they prove that:

1.

that they have lost the living space required by the injury, and

2.

a)

that they have not been able to obtain sufficient housing at all, or have not yet been able to obtain them in their current or future work place, or

b)

that, in the event of a release, their previous dwelling will be made available to a person who has not yet been adequately accommodated within the meaning of the letter a, with the consent of the person entitled to dispose of the property.

(2) Under the conditions set out in paragraph 1, housing assistance may also be granted to persons who may receive benefits under § § 301, 301a, Soviet Union refugees and displaced persons, but only in so far as they are admitted before 1 February 1953. . Unofficial table of contents

Section 299 Principles

(1) Housing assistance shall be granted in such a way as to provide the injured party with an opportunity to obtain an apartment which has been made available by loans from the compensation fund. (2) The loans are to be given preferential treatment to the formation of Individual property for victims, especially in the form of family homes, is granted in accordance with the ranking in the Second Housing Act. Unofficial table of contents

Section 300 Use of appropriations

The funds must be used in such a way that the construction of as large a number of apartments as possible for victims who meet the requirements of section 298 is achieved. Persons who have suffered damage or damage to the war in the manner referred to in § 12 (1) (1) and (13) (1) and (1) (1) may have the heirs of such injured parties and communities of such claimants as builders in the case of the The granting of loans shall take precedence over other applicants; the latter shall have priority under the latter, which may claim any damage to the contract or damage to the war. The persons referred to in Article 298 (2) shall in each case be treated in the same way as the persons referred to above in that they are entitled to claim similar damage.

Eighth section
Tougher benefits

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Section 301 General provisions

(1) In order to mitigate hardship, it may be determined for groups of persons that such persons receive benefits if they have suffered damage corresponding to, or similar to, the damage taken into account in that law, the compensation of which shall be: however, this law shall not be provided for; a right to principal compensation for zone damage shall not preclude the granting of benefits. It is also necessary to take into consideration displaced persons who do not fulfil the requirements of § 230 if they have left the Soviet occupation zone of Germany or the Soviet sector of Berlin and subsequently their permanent residence in the The scope of the Basic Law or in Berlin (West) has been taken. (2) The requirement for the granting of hardship benefits is that the injured parties are permanently resident within the scope of the Basic Law, in Berlin (West) or in the Customs clearance areas. In the case of injured parties within the meaning of the second sentence of paragraph 1 and section 301a, § 230a shall apply; these persons shall not be granted benefits if they

1.

Have fought or fought against the free democratic constitutional order of the Federal Republic of Germany, including the Land of Berlin, or

2.

have left the Soviet occupation zone of Germany or the Soviet sector of Berlin in order to evade prosecution on account of an act which is also punishable by law as a crime or a offence, unless the failure to perform benefits, taking into account the nature and the particular circumstances of the act, would be an undue hardship; or

3.

obviously without important reasons from the scope of this law moved to the Soviet occupation zone of Germany or to the Soviet sector of Berlin and have returned from there, or

4.

have violated the principles of humanity or the rule of law during the reign of National Socialism.

(3) Harnesses are to be considered as ongoing aid (aid for subsisting, special ongoing aid), as aid for the procurement of household goods and as a building loan for the establishment or procurement of housing (Article 254 (1) and (3)). is granted. Benefits are granted in accordance with § § 276 and 277 for the support of the living. The provision of hardship to the individual victims shall not exceed the corresponding compensation provided for in this Act. § § 292a to 292c apply in accordance with § § 292a to 292c for the provision of ongoing services after 31 December 2005. (4) Approximation is determined by means of a legal regulation

1.

on the categories of persons who may receive hardship (paragraph 1),

2.

on the conditions and scope of benefits (paragraph 3), in accordance with the provisions applicable to comparable benefits to victims within the meaning of this Act.

Provision should be made for the grant of special current aid in the appropriate application of Article 301a (3) for those injured parties who are in accordance with the conditions laid down in Article 273 (5) (1) and (2) and (6) (1) and (2). Conditions are comparable. The grant of the aid for the procurement of household goods can be made dependent on an income limit. (5) Persons belonging to the group of persons specified in the legal regulation (paragraph 4) may, in the case of application of section 259 (1), be entitled to workers are taken into account. Unofficial table of contents

Section 301a Benefits of Soviet-era refugees

(1) Harness benefits in accordance with § 301 shall in particular also be granted to Soviet refugees within the meaning of § 3 of the German Federal Sales Act and persons treated as such pursuant to § 4 of the Bundesvertriebenengesetz (Bundesvertriebenengesetz). (2) Persons referred to in paragraph 1 shall receive aid in accordance with the conditions and principles applicable to the comparable benefits to victims within the meaning of this Act. Subsidies for the procurement of household goods are granted, without prejudice to § 296, in the amount of the sentences of § 295. (3) In accordance with the provisions of Section 301 (4), special current aid shall be granted to the persons referred to in paragraph 1. in accordance with the principles of the indemnity pension. The legal regulation provides for rules on how to determine the extent of the damage; in this case, property damage is governed by the principles of the Second Section of the Evidence Warrant and Prosecutions Act, for lost income from the principles § 239. The legal regulation may also include:

1.

, based on the principles of § 5 and Section 7 (5) of the Evidence Warrant and Arrest Warrant, it is determined that, after 31 December 1944, income or economic assets acquired after that date are wholly or partly remain unaccounted for,

2.

the conversion for income related to the date of 23 June 1948 shall be settled.

If the calculation of a basic amount is required, it shall be governed by the principles applicable to the calculation of the principal compensation for zoning damage. (4) Section 301 (3) sentence 4 shall apply accordingly. Unofficial table of contents

§ 301b Benefits in exceptional hardship cases

(1) If exceptional hardship results from the provisions of this law, the reparation damage law or the Refugee Assistance Act, the federal government can provide adequate compensation. This compensation may also exist in a one-time aid of a different kind than the one referred to in Article 301 (3), if only in this way the hardness can be eliminated. (2) The hardness compensation is granted

1.

on the basis of guidelines of the President of the Federal Compensation Office, which are subject to the approval of the Federal Ministry of Finance and, insofar as the hardness is based on the provisions of the Refugee Assistance Act, in addition to the approval of the Federal Ministry require the interior, or

2.

with the consent of the President of the Federal Compensation Office in individual cases.

Ninth Section
Other support measures

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Section 302 Provision of funds

In order to promote further economic and social support through vocational training for young people, retraining for a suitable profession, the establishment of homes and training centres for young and homeless young people, as well as the construction of Welfare facilities may be provided for the benefit of injured parties (§ 229) as well as persons who can receive benefits under § § 301, 301a, in the amount limited by this law. Whereas it is necessary to ensure that the funds are used exclusively for the persons referred to in the first sentence; Unofficial table of contents

§ 303

(dropped)

Tenth section

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§ 304

(dropped)

Eleventh Section
Organisation and responsibility

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§ 305 Order management

(1) The provisions of Part Three of this Act and of the other laws which serve to compensate for the burden of the burden are carried out partly by the Federal Government, partly on behalf of the Federal Government by the Länder and by the Land of Berlin. (2) Insofar as the Länder These rules are not carried out by their own authorities, they may commission the municipalities and congregation associations with the implementation. Unofficial table of contents

§ 306 State Authorities

In the area of the Länder, the authorities responsible under national law or, in the absence of a corresponding national law, the body within the existing authorities, as determined by the national government, and National compensation offices are established. Unofficial table of contents

§ 307 Federal Authority

In the area of the federal government, a federal compensation office is set up as an independent federal top authority. Unofficial table of contents

§ 308 Compensation Officials

(1) For each county and town county, a compensation office shall be established within the general administration or any other existing authority; if necessary, external offices may be set up. A compensatory office may be formed for a number of counties or with jurisdiction over a country, if this is necessary for reasons of economic viability. For the same reasons, the tasks of a balancing act may be transferred, in whole or in part, to another compensation office or to the Land Compensation Office and to its external offices for exercising its own responsibility. A transfer is possible by agreement of the authorities responsible according to § 306 for the setting up of compensation offices and national compensation offices. (2) A permanent representative will be responsible for the management of the balance of the compensation. (3) The Head of the Authority shall appoint the Head of the Authority (Head of Service). (3) Only persons who have the necessary personal and professional competence shall be appointed to the Head of Service and to the Deputy Head of Service. hold such an office. The required professional competence is to be accepted as a rule if the person to be appointed has the competence to be appointed to the management service. (4) The requirements of paragraph 3 concerning the required professional competence are to be found on the person who is required to be appointed. The person who is responsible for evaluation matters in the assessment procedure shall apply. (5) The persons referred to in paragraph 3 shall be in agreement with the Land Compensation Office or the competent authority in accordance with the State Law. ordered. Unofficial table of contents

§ 309

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Section 310 Board of Appeal

(1) A Board of Appeal is set up for the area of a municipality or county or of several counties; a number of Board of Appeal may be formed if necessary. (2) The Board of Appeal shall consist of a Chairperson and two honorary members. Sit down. The chairman must be a member of the authority of the authority to which the Board of Appeal is formed. A co-sitter should be the victim. The Chairpersons shall be obliged by the Chairman to exercise their duties in a conscientious and impartial manner; they shall be appointed for four years, unless otherwise determined by national law. (3) The State Government or the body responsible under national law shall determine the seat and office of the Board of Appeal, the term of office of the Board of Appeal of the Board of Appeal, and of whom or by which electoral body the Beisitzer shall be appointed. By country law, by way of derogation from paragraphs 1 and 2, it may also be determined that, in place of the Board of Appeal, an authority shall act as a complaint body. The provisions of this law relating to the Boards of Appeal shall apply mutatily to the Board of Appeal. Where an authority is set up as a complaint body, paragraphs 1 and 2 shall not apply. Unofficial table of contents

§ 311 Land equalisation offices

(1) For each country, a country compensation office shall be established and, if necessary, external offices of that Office shall be established. The Land Compensation Office is to be formed by a supreme state authority. In accordance with § 308 (1) sentences 3 and 4 with the consent of the Federal Compensation Office, the tasks of a Land Compensation Office can be transferred in whole or in part to another state compensation office for exercise within its own jurisdiction. (2) § 308 Paragraph 2 to 4 shall apply accordingly; the required professional competence shall be accepted as a rule if the person to be appointed has the qualification for the higher administrative service. (3) The State Compensation Office shall exercise the supervision of the subject matter of the Balancing all of its range. Unofficial table of contents

Section 312 Federal Compensation Office

(1) The Federal Compensation Office shall be headed by a President. On a proposal from the Federal Government, the President of the Federal Compensation Office is appointed and dismissed by the Federal President; the Federal Government's proposal is in agreement with the Federal Council. (2) The President of the Federal Compensation Office exercises in accordance with section 319 (2), the state-of-the-art supervisory authority shall be responsible for supervision of the state The execution of tasks under the third part of this Act may be transferred to the Federal Compensation Office for exercise in its own jurisdiction in accordance with Section 308 (1) sentence 3 of the Act. 1. On 1 October 2006, the implementation of the war-related pension and comparable current benefits under the law on compensatory payments and on 1 January 2010 will be implemented in accordance with the procedures for the recovery and exclusion of the Compensation for charges in cases where the compensation administration is aware of the recovery or repayment procedure after 30 June 2009. The Federal Ministry of Finance exercises the supervision of the Federal Compensation Office (Bundescompenssamt). Unofficial table of contents

Section 313 Transfer of powers

(1) The jurisdiction of a country for the implementation of the provisions referred to in § 305 (1) may be determined by agreement with the Federal Compensation Office pursuant to § 306 for the establishment of compensation offices and state compensation offices. (2) The extent of the transferred competence and the date of the transition must be made known by the Federal Compensation Office in the Federal Gazette (Bundesanzeiger). (3) The responsibility of the Federal Compensation Office , § § 306, 308, 310 and 311 shall not be transferred from the respective country to apply more. Unofficial table of contents

§ 314

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Section 315 General Administrative Courts

The legal action required for the implementation of the provisions of Part Three of this Act shall be replaced by the general administrative courts of the Länder, including the Land of Berlin, except in the cases of Section 276 (5) of this Act. the Federal Administrative Court. Unofficial table of contents

§ 316

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§ 317 Official and legal assistance as well as information

(1) All authorities and courts shall provide, free of charge, the authorities and judicial authorities referred to in this section, providing information and providing access to the files, in so far as it is necessary for the implementation of this law. The authorities within the meaning of the first sentence shall also apply to all other bodies entrusted with public service tasks. The legal assistance of the courts is governed by § § 156ff. (2) The compensation administration shall forward to the body responsible for the release, return or compensation of an asset, information on the determination of the assets held in the damage area of the property. (3) At the request of the person responsible for the release, the trade mark and the name of the person responsible for carrying out the proceedings have been granted. The return or compensation of assets shall be subject to the Compensation and further information to the extent necessary for the implementation of the procedures for release, return or compensation of the asset. For the purposes of this provision, information on the extent of the damage ascertained, on the existence of multiple damage, on the main compensation granted for the asset, on the basis of the provisions of section 349 (2) to (4), shall be required. the amount of the recovery amount to be recovered, and the claim of the injured party or the beneficiary. The compensation office shall fail to transmit the information if there is evidence that the conditions set out in sentence 1 are not available. (4) The recipient may only use the data transmitted for the purpose of the release, return or compensation of the (4a) The data collected in the admission procedure in accordance with Section 28 of the Federal Displaced Persons Act (Bundesvertriebenengesetz) and in the proceedings pursuant to Section 15 of the Federal Displaced Persons Act (Bundesvertriebenengesetz) may be used and transmitted for last equalisation legal proceedings. if necessary. (5) For the issue of a certificate of inheritance, including the previous procedure, a fee shall not be charged if the certificate of inheritance is to be used only for the purpose of balancing the burden. This does not apply to the acceptance of the oath insurance in accordance with § 2356 (2) of the Civil Code. A certificate of inheritance paid free of charge in accordance with the first sentence may also be used in proceedings for the return, release or compensation of goods taken away from the economy.

Twelfth section
Management of funds for burden-sharing

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Section 318

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Section 319 Tasks of the President of the Federal Compensation Office

(1) The President of the Federal Compensation Office shall carry out the duties resulting from § 5 for the Federal Government. (2) The President of the Federal Compensation Office shall determine, within the framework of this Act, the relevant legal regulations as well as the directives of the Federal Republic of Germany. Federal Government Approximation of the provision of compensation. It shall adopt the necessary general administrative provisions. It exercises the powers conferred on the Federal Government and the competent supreme federal authorities in accordance with Article 85 of the Basic Law in accordance with the provisions of Article 120a of the Basic Law. (3) (omitted) Unofficial table of contents

§ 320

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§ 321

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Section 322

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Section 323 Special provisions on the use of funds

(1) A maximum of 650 million Deutsche Mark is to be made available for the granting of construction loans in the financial year 1957. In the financial years 1958 to 1965, this maximum amount was reduced by 72 million Deutsche Mark. In the financial year 1965, a one-time amount of 200 million Deutsche Mark is also provided. In the financial years 1966 to 1974, an amount of 100 million Deutsche Mark can be made available, without prejudice to paragraph 8. (2) For the purposes of housing assistance (§ § 298 to 300), the income from the mortgage profit (§ § 91ff) , the funds will be made available to the countries in the manner of a loan. In the ten financial years following the accounting year 1956, the amount shall be reduced by 10 per cent of the amount to be made available in accordance with the first sentence. In the calculation of the income from the mortgage profit in accordance with the first sentence, amounts due to the early replacement of the mortgage profit shall be calculated by five of the hundred as income of the year of departure and of the 19 following Accounting years. Income from the mortgage profit, which is not to be provided for the purpose of housing assistance in the year of the redemption, shall be in addition to the funds to be made available under paragraph 1 as a building loan for the housing pursuant to § 254 (2) and (3). ; this shall be the case for the last of the redemption amounts contained in the income of the mortgage profit of the accounting year 1962. The amount resulting from rates 1 to 3 shall be provided in addition to the appropriations to be made available under paragraph 1 for the granting of construction loans to the housing sector.

in the accounting year 1963	50,000,000 DM,
in the financial year 1964	40.000.000 DM,
in the financial year 1965	30,000,000 DM;

The President of the Federal Compensation Office may, in accordance with section 319 (1), determine that the remaining amount shall be allocated in part, but not more than 50 of the hundred, also in addition to the granting of construction loans for the housing sector. . At the same time, it is authorized to use, in the years 1962 to 1964, an urgent need for structural loans for housing in anticipation of the additional appropriations provided for in the years 1963 to 1965. (3) For the granting of workplace loans no longer available from the beginning of the financial year 1957 onwards. (4) For the hardship fund (§ § 301, 301a), the compensation fund shall be subject to the following conditions: Paragraph 8 to 31 December 1965, and appropriations for construction loans also for the purposes of: in the fourth sentence of paragraph 1, the amount to be made available each year shall not exceed 100 million Deutsche Mark. For other support measures in accordance with § 302, funds will be made available until 31 March 1963. Beyond that date, and subject to the provisions of paragraph 8 to 31 December 1965, provision shall be made available for the provision of training assistance in cases where the training was commenced before 1 April 1963, and for persons who have been trained in accordance with the provisions of the (5) With the agreement of the Federal Government, guarantees (§ 303) can be provided by the compensation fund with the consent of the Federal Government. up to a total amount of EUR 100 million and participations (§ 303) up to a total amount of EUR 10 million. In the case of the assumption of guarantees, the issuing plan shall take into account the likely use of the compensation fund. (6) For the implementation of the monetary compensatory act, the equalisation fund shall be subject to a minimum of 50 million per year. Deutsche Mark has been provided until the currency compensation has been implemented. (7) For the implementation of the Altsparergesetz, the amounts required for the payment of the cover claims arising under the Altsparergesetz (legacy savings act) are to be paid as long as possible. until the old savings law is completed. (8) From 1. January 1966 can be provided with funds

1.

for the granting of structural loans (§ § 254, 301, 301a), training aid (§ 302) and aid for the provision of household goods pursuant to § § 301, 301a to persons who have been granted the following conditions in the last ten calendar years prior to the application in accordance with § § 230, 301, 301a , have been entitled to claim

2.

for the provision of training aid in cases where the training had commenced before 1 April 1963, in the case of the persons referred to in the third sentence of paragraph 4, before 1 January 1966,

3.

for the granting of ongoing aid in accordance with § § 301, 301a,

4.

for the granting of benefits in accordance with § 301b.

The amount to be made available for the designated services, with the exception of the current aid and the aid for the procurement of household goods in accordance with § § 301, 301a, shall not exceed EUR 5 million per year. Unofficial table of contents

Section 324

(dropped)

Thirteenth Section
Procedure

First Title
General provisions

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Section 325 Application

(1) Applications for the granting of compensation shall, unless otherwise specified, be addressed to the compensation agency responsible for the permanent residence of the injured party. If the applicant does not have a permanent residence within the scope of the Basic Law or in Berlin (West), it is the responsibility of the applicant to

1.

In the event of damage to the property, damage to the east, savings and damage to the zone, the compensation office, in whose area the applicant has last permanent residence within the scope of the Basic Law or in Berlin (West),

2.

in the event of war damage, the compensation office in the area of which the damage to the war has occurred.

(2) If an applicant who does not have a permanent residence within the scope of the Basic Law or in Berlin (West) has been subject to war damage in the area of several compensation offices, or if there are other reasons for doubt, which The President of the Federal Compensation Office is responsible for the compensation of the application. (3) The application shall be, unless otherwise specified, in the case of the permanent residence of the injured party. competent municipal authority. The municipal authority or the authority designated in its place shall, in so far as the application is not duly substantiated or the information is incomplete, to supplement it and, if necessary, to precharge the applicant. It has to forward the request with a short statement of its own opinion. (4) Applications for the grant of compensation, which are subject to a legal claim under this law, must be submitted on an official form. Unofficial table of contents

Section 326 Further processing of applications

(1) The compensatory office in accordance with § 325 or in the cases of § 308 (1) sentence 3 and 4 shall be the responsible compensation office or state compensation office, unless the President of the Federal Compensation Office determines otherwise, also for the (2) The claims of several victims, who are heirs or other heirs of an immediate injured person who died before 1 April 1952, shall be given a uniform decision by the compensatory office, which shall: the President of the Federal Compensation Office. The same shall apply where more than one compensation is involved. (3) In the cases referred to in paragraph 2, legal remedies shall be effective in relation to all parties to whom the communication has been notified with reference to that legal order. Unofficial table of contents

§ 327 Representation

(1) The applicant may be represented in the proceedings before the countervailing authorities and the Boards of Appeal; however, his personal appearance may be ordered. Whoever does not take over the representation of victims before the countervailing authorities and the Boards of Appeal, may be refused if they lack the ability to give an appropriate written or oral presentation; the same shall apply to persons exercising representation for associations (paragraph 2 (3)). Persons who are members of the countervailing authorities, the Boards of Appeal, the home information offices (Section 24 of the German Arrest Warrant), the information offices (Section 28 of the Evidence Warrant and Arrest Warrant) or the persons responsible for the During a period of three years after the end of this activity, the Commission may not act on the part of the contracting entities whose affairs have been dealt with materially within the last three years before completion. (2) commercial representation before the countervailing authorities and the Boards of appeal are not only lawyers but also legal counsel and legal advice law of 13 December 1935 (Reichsgesetzbl. 1478), as last amended by the Foreign Trade Act of 28 April 1961 (Bundesgesetzbl. 481), authorised persons and associations only admitted

1.

the authorities, bodies and persons referred to in Article 1 (3) of the Law on Legal Advisers, insofar as the representation is part of their remit;

2.

persons and companies, in so far as they are authorised to provide commercial assistance in tax matters on the basis of § 3 and § 4 Nos. 1, 2 and 4 of the Tax Consultation Act,

3.

Associations recognised by the competent supreme federal authorities or by the State governments whose purpose is not directed to an economic business operation, provided that the associations represent their members free of charge and that the representation in belongs to its statutory duties under the third part of this law; such associations may be prohibited from being represented by the head of the national compensation system,

a)

if the representation is carried out wholly or primarily by persons who are admitted to the office in accordance with § § 4 to 8 of the 1. Ordinance on the Law of Law of 13 December 1935 (Reichsgesetzbl. 1481), and if the deficiencies in this respect are not adequately deposed in this respect,

b)

if their legal form is abused in order to circumvent the necessary authorisation;

c)

if they are advertising for their legal action, unless they are only indications intended for their members.

(3) The authorities, bodies, persons and associations referred to in paragraph 2 (1) to (3) shall, in so far as they are authorised for business representation before the countervailing authorities and the Boards of Appeal, also provide for legal advice in the matters falling under the third part of this Law. (4) (repealed) Unofficial table of contents

Section 328 exclusion of participation in proceedings

The members of the countervailing authorities, the boards of appeal, the home information offices, information offices and the committees set up in the case of these committees shall be involved in the decision on their own applications or on the requests of their relatives in the The meaning of Section 15 of the Tax Code shall be excluded. In addition, the rules on the exclusion of judicial staff in accordance with the Code of Civil Procedure shall apply. Unofficial table of contents

Section 329 Connection of procedures

(1) The procedure for the granting of compensation, the granting of which depends on the determination of a loss under the law on the determination of a damage, is to be linked to the determination procedure. (2) The procedure for the recovery of the compensation Compensation in the course of the settlement according to § 8 of the Compensation Act can be linked to the compensation procedure to a procedure if the responsibility for both procedures lies with the same country. Unofficial table of contents

Section 330 Evidence of evidence

(1) The countervailing authorities and the Boards of Appeal shall, on their own account, collect all the evidence necessary for the granting of compensation. (2) In the proceedings before the countervailing authorities and the Boards of Appeal, the levy shall be: (3) In order to request the official hearing of a witness or expert, the District Court, in whose district the witness or expert has his permanent residence, shall be requested. The request for consultation shall apply mutaficily to the provisions of the Law of the Court of Justice and to the Code of Civil Procedure. Unofficial table of contents

§ 330a Cooperative obligations

(1) Applicants and beneficiaries, as well as their relatives, heirs and other heirs, whose personal and factual circumstances are relevant to performance, shall have:

1.

specify all the necessary facts which are relevant to the performance and, at the request of the countervailing authorities, agree to the provision of the necessary information by third parties,

2.

To notify any changes in the conditions that are significant for the performance,

3.

to identify evidence and, at the request of the countervailing authority, to submit evidence or to agree to its submission,

4.

to undergo medical examination measures at the request of the compensation authority, to the extent that such measures are necessary for the decision on the performance and are reasonable for the person concerned.

§ § 289, 342 (2) sentence 2 and § 349 (5) sentence 3 remain unaffected. (2) The persons responsible under paragraph 1 shall be informed of their duty to carry out their duties. (3) If the duty to carry out the duties referred to in paragraph 1 is not fulfilled, the person responsible for the recovery shall be informed of the obligation to provide the necessary information. If it is impossible or considerably more difficult to clarify the facts, the performance may be refused, set or reclaimed after the persons concerned have been informed of this sequence in writing and their obligation to participate does not apply within a have complied with the appropriate time limit. Unofficial table of contents

Section 331 Evidence

(1) The countervailing authorities and the Board of Appeal shall decide, in free evidence, which information shall be deemed to be proven or credible for the decision. Information which is not correct with a serious doubt is considered to be credible. (2) Information that is not proven or made credible will not be taken into account. Unofficial table of contents

Section 332 Decisions

(1) Decisions of the compensating authorities and the Board of Appeal shall be taken in writing and shall be justified. They must include an instruction as to whether an appeal and the right of appeal is given. (2) The decisions must be made to identify the issuing compensation authority and the signature or the name of the person acting on the basis of the Person. In the case of decisions adopted with the aid of automatic devices, the signature and the reproduction of the name can be omitted. (3) The decisions must be submitted to the applicants. The provisions of the Administrative Appointing Act shall apply to the delivery procedure. The delivery of the decisions can be replaced by a closed letter sent closed. In which cases delivery can be effected by simple letter, the President of the Federal Compensation Office shall determine, in accordance with section 319 (2). A decision made by Swiss Post by means of simple letters within the scope of this Act shall be deemed to have been notified with the third day following the post-post mission, except where it has not been received or has been received at a later date; in doubt, the Authority shall have access to the decision and the date of access (4) Comparisons shall be admissible if, in the event of a permanent assessment of the facts or of the Legal situation an existing uncertainty is eliminated by mutual offsetting and the Authority considers the conclusion of the settlement to be appropriate in order to eliminate the uncertainty at the appropriate discretion. Unofficial table of contents

Section 332a Bid procedure

(1) Where an application cannot be decided on the grounds that the person who would be responsible for the decision or their stay is not known, a bid procedure shall take place. The rights arising from the application shall expire at the end of the period of delay referred to therein. (2) The bid shall be issued by the equalisation authority. In particular, the list shall include:

1.

the subject and date of the application,

2.

the name and the last known address of the applicants;

3.

the determination of the period of revocation,

4.

the request to assert rights from the application at the latest by the end of the period of revocation,

5.

the fact that the rights not asserted shall be extinguisher from the application at the end of the period for which the bid has expired.

(3) The bid shall be made public by means of a notice in the body generally designated by the Authority and by means of a notice in the Federal Gazette. (4) The time limit shall be at least six months after the publication of the bid. in the Federal Gazette. (5) The connection of several bids is permissible. (6) Paragraphs 1 to 5 shall apply mutatily if the main compensation or the settlement of a loan or a war-related pension is charged to the main compensation or to the settlement of the Repayment claims with compensation cannot be decided, because the person who would be responsible for the decision or his/her stay is not known. With the expiry of the time limit, the claims shall expire. Unofficial table of contents

Section 333 Procedure in front of administrative courts

In proceedings before the administrative courts, the rules applicable to these courts shall apply. Unofficial table of contents

§ 334 Fees and Costs

(1) The procedure before the compensation authorities and the Board of Appeal shall be free of charge. (2) The necessary costs of the proceedings before the countervailing authorities, including the Boards of Appeal, shall not be imposed on the applicant. The applicant shall bear the costs of a representation; this shall not apply to the appeal proceedings, insofar as the confiscation of an authorised representative was necessary for the appropriate legal proceedings and the appeal was well founded. The costs will be decided on the basis of the decision. (3) Fees at the level of the minimum rate will be levied in the proceedings before the administrative courts of the countries. In proceedings before the Federal Administrative Court, the fees shall be reduced to one quarter. (4) The rules applicable to these courts shall apply to the cost arrangements in the proceedings before the administrative courts. Unofficial table of contents

§ 334a

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Second Title
Procedures for main compensation, war damage pension and household allowance

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Section 335

(1) The granting and recovery of compensation shall be decided upon by the compensation office. (2) If the result of the investigation may be decided on part of the claim, a partial decision may be taken; a Such partial notification shall be issued upon request, if the conditions are met. Once the procedure has been completed, an overall decision must be taken. Unofficial table of contents

§ 335a notice subject to reservation

(1) The communication or the partial notification may be adopted in full or in respect of certain parts subject to the express reservation of change or withdrawal if the applicant is in receipt of such a request for the purpose of issuing such a decision. Humble has a legitimate interest. It is a condition that the notice of the determination of the damage under the law of the determination of the damage has also been subject to a reservation or a calculation of the exact amount of the claim, in particular with regard to the provisions of § 245 No. 3, of the § 249 or § 266 is not yet possible and therefore the communication without reservation can not yet be issued. The content and extent of the reservation must result from the communication. If the uncertainty is removed, the applicant shall be given a final decision in this respect. (2) The provisions of this Act and the principles of general administrative law shall remain unaffected in accordance with the provisions of this Act without explicit reference to the provisions of the Act. Reservation may be changed, taken back or otherwise cancelled. Unofficial table of contents

§ 335b Procedure in case of damage compensation to participations

(1) In the cases of § 349 (3) sentence 3, the compensation in accordance with Section 31 (2) of the German Arrest Warrant Act and Article 33 (2) of the Evidence Warrant and Arrest Warrant in the version in force on 31 December 1991 gives a uniform Notification of the amount of the damage compensation to the participation. (2) If the responsible compensatory office has not determined all the parties involved, the decision must be sent to the parties identified and also to be published in the Federal Gazette. The publication, which is to be provided with an information on the appeal, shall replace the person who has not been identified in the place of the decision. Unofficial table of contents

Section 336 complaint

(1) The applicant may lodge an appeal against the notification of the compensation system within one month of the notification. If the complaint is not remedied, the Board of Appeal shall decide on the appeal. (2) The appeal shall be lodged with the body which issued the decision; the time limit shall also be maintained if the appeal is in good time shall be attached directly to the Board of Appeal. (3) The appeal may be made in writing or in writing and shall be justified. If the statement of reasons does not take place simultaneously with the affixing of the complaint, it can be obtained within a reasonable period of time. (4) In the cases of § 308 (1) sentences 3 and 4, the Länder can regulate that complaints also against the shedding of the National compensatory measures may be introduced. Unofficial table of contents

Section 337 Decision of the Board of Appeal

(1) The Board of Appeal decides by decision. It may, rather than decide for itself, refer the matter back to the compensatory office. (2) The Board of Appeal may also amend the decision to the detriment of the person who lodged the complaint. Unofficial table of contents

Section 338 Appeal of the Administrative Court

Against the decision of the Board of Appeal, as well as the decision of the State Compensation Office, provided that no complaint is admissible, or the Federal Compensation Office, the applicant may, within one month of the notification, the action of appeal. in the administrative court. Unofficial table of contents

Section 339 Legal remedies against decisions of the Administrative Court

(1) The appeal against a judgment and the appeal against any other decision of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with § 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law on Judith Law. Pursuant to Article 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against decisions on the legal path shall apply. (2) (3) Paragraph 1 shall also be applicable in proceedings concerning public-law disputes between the The Federal Government and other public entities shall apply. Unofficial table of contents

Section 340 Postponing effect

(2) By way of derogation from the provisions of paragraph 1, the suspensive effect in the case of appeals against recovery orders and performance assessments as well as proceedings pursuant to section 349 (1) shall not apply. 3a to 3c. (3) In the cases referred to in paragraph 2, the compensatory office may suspend all or part of the enforcement. § 80 (4) sentence 2, 3 and section 6 of the Administrative Court Rules apply accordingly. Unofficial table of contents

Section 341 Re-establishment of rights in the previous stand

If a person without fault has been prevented from complying with a time limit for the filing of an appeal in proceedings before the countervailing authorities and the Boards of Appeal, he shall, upon request, be granted reinstatment at the previous level. Section 60 (2) to (4) of the Administrative Court is applicable accordingly. Unofficial table of contents

Section 342 Resumation of the procedure

(1) Where a decision has become indisputable or final, the procedure may be resumed within five years for the same reasons as those laid down in the fourth book of the Code of Civil Procedure. This also applies to other changes in the decision-making process. The first sentence shall not apply in the cases referred to in paragraph 2 and in Section 360. (2) The procedure shall also be resumed if:

1.

Compensation payments within the meaning of Section 249 (2) and Section 296 (1) or in the sense of Section 8 (2) (4) of the German Arrest Act are subsequently granted, or

2.

later, damage is fully or partially offset.

The injured party is obliged to indicate the reasons which lead to the resumption of the proceedings; § 289 (3) shall apply accordingly. The benefits and benefits referred to in points 1 and 2 shall be taken into account by recalculation and, in the case of an overpayment, by recovery. Article 349 (5) sentences 4 and 5 shall apply accordingly. (3) By way of derogation from paragraph 2, the procedure shall not be resumed if, after 31 December 1989, damage is fully or partially compensated for. Benefits and benefits referred to in paragraph 2 (2) shall be taken into account by recovering the compensation granted in accordance with § 349. Unofficial table of contents

Section 343 Erdeleting, setting and reclaiming the war damage pension

(1) If the conditions for the granting of war-related pension are subsequently changed (Section 288), the compensation office shall have the extinguishing of the claim pursuant to Section 292a (3) No. 1, the suspension, the revocation or the change in the payments. (2) For the Proceedings shall apply to the provisions of § § 336ff. An appeal does not have suspensive effect. This shall also apply to the provisions of Article 292a (1) (1). (3) The provisions of paragraphs 1 and 2 shall apply mutagenly if the beneficiary is obliged to reimburse the amounts received (§ 290). (4) In the cases of § 342 (2) no. 2, it has to do so. the payments made to maintenance assistance; the same shall apply to the payment of compensation pension, in so far as they have been or would have been paid for the loss of the professional or other livelihood (5) For periods after 31 December 2005, § 292a shall apply. Unofficial table of contents

Section 344 Fixed-order procedures

In the proceedings under the Law on the Arrest of Evidence and the Law on the Protection of Evidence and the Arrest Warrant, legal remedies are not provided if, even if the proceedings are carried out successfully, the legal remedy is higher than the law. Compensatory benefits under the provisions of this Act cannot be granted.

Third Title
Procedures in the event of compliance with claims for principal compensation and household compensation, as well as in the case of integration loans, hardship benefits and other support measures

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Section 345 Rules of principle

(1) About the performance of claims for main compensation (§ 252) and household allowance (§ 297) as well as on the application for the granting of integration loans (§ § 253ff.), hardship benefits (§ § 301, 301a) and services on the basis of other Support measures (§ 302) will be decided by the compensation office. The communication may also be that the application cannot be complied with at the present time due to the lack of available funds, but the application will be re-examined as soon as sufficient funds are available. (2) Against the communication of the compensation and in the cases of Section 336 (4) of the State Compensation Office, the injured party may, within one month of service, call upon the decision of the Board of Appeal, which shall decide in accordance with § 337. In the light of the fact that at the moment a request cannot be met due to a lack of available funds, the applicant may refer the decision of the Board of Appeal only to verify whether there is a misuse of powers. (3) Are: The conditions for an administrative action against the decision of the Board of Appeal or the decision of the State compensation system or the decision of the Federal Compensation Office shall apply in accordance with general legal requirements § § 338ff. accordingly. Unofficial table of contents

Section 346 Special arrangements

(1) The President of the Federal Compensation Office may, in accordance with section 319 (2) sentence 1, regulate the procedure by way of derogation from the provisions of Section 345. In so far as Article 345 requires the hearing of the compensation committee, it is necessary to ensure that representatives of the displaced persons and of the victims of the war are heard before the decision. The injured party must be able to carry out a review of the decision, provided that it has not been received by the President of the Federal Compensation Office; the investigation must refer at least to whether there is a misuse of powers. (2) The In accordance with Section 319 (2) sentence 1, the President of the Federal Compensation Office may also determine that the hearing of the compensation committee shall be waived in the event of the fulfilment of claims on the main compensation (Section 252), provided that the decision is based on: the general objective criteria laid down in general.

Fourth Title
Procedures for housing assistance

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Section 347 Decision of the Compensation Committee

When applying for housing assistance, the head of the balancing act shall decide whether the applicant is recognised as a preferred candidate for housing. The injured party may, within one month of the notification of the decision, call the decision of the compensation committee. Opposition or appeal shall not be admissible against the decision of the compensation committee. If the conditions for an administrative court suit are fulfilled in accordance with general legal requirements, § § 338ff shall apply accordingly. Unofficial table of contents

Section 348 Allocation of appropriations

(1) The funds allocated to housing assistance shall be used to finance housing for victims as public funds within the meaning of the housing law applicable in accordance with Article 8 (1) (13), taking into account the provisions of the (2) The funds are to be used by the countries as first borrowers to the equalisation fund in the financial years 1957 to 1964, with two of the hundred, in the financial years 1965 and 1966, with four of the hundred annually. tilgen. In the financial years 1967 to 1982, the obligation still existing on 31 March 1967 shall be to be paid in each case with one-sixteenth. This liability shall be calculated in such a way that, on 31 March 1967, the benefits of the countries in force in accordance with the fourth sentence of Article 6 (3) are to be deducted in a sum. Interest paid out of the temporary use of appropriations for bridging loans in place of first-digit mortgages shall be deducted from the compensation fund. The interest and repayment of the funds by the last borrower is determined in accordance with the rules of the applicable Housing Act. (3) More details on the distribution and use of the funds, on the terms and conditions of the loan and on the use of the funds. the distribution of the flats to victims shall be determined by the President of the Federal Compensation Office in accordance with § 319 (2) sentence 1. In this connection, it is necessary to ensure that the living space or adequate housing space created by the use of these funds is made available to the injured parties recognised in accordance with § 347. Spare living space may only be allocated if the injured party or, if the injured party is unable to be questioned at the start of construction, has agreed to the compensation. (4) Paragraph 2, first sentence, and 2, shall apply in accordance with the funds allocated to the countries. Loan-wise for the promotion of social housing from the emergency fund, from the rise under the Mortgage Insurance Act and under the law on the promotion of housing for resettlers in the host countries and the housing construction for Soviet-era refugees in Berlin on July 30, 1953 (Federal Law Gazette). 712) and in accordance with Section 46 (2) of the Federal Law on Displaced Persons (Bundesvertriebenengesetz).

Fourteenth Section

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Section 349 recovery in case of damage compensation

(1) In the cases referred to in Article 342 (3), the compensatory benefits granted too much shall be recovered in accordance with paragraphs 2 to 5. Section 21a (2) of the Law on the Arrest of Enforcement shall not apply A recovery shall be waived in so far as compensation payments or other compensatory payments due to the compensation granted have been reduced on the basis of other statutory provisions. If the recovery of compensation payments is not due to offset against § 8 of the Compensation Act, the compensatory benefits granted too much are to be recovered; in this case no settlement with the compensation provided pursuant to § 7 of the (2) In order to determine the recovery amount, the final basic amount of the principal compensation shall be calculated, which shall be without taking into account the damage, insofar as it is balanced or as a , would be compensated. In order to assess the damage, the provisions of the Arrest Warrant and the Evidence Warrant and Prosecutions Act are to be applied in the version in force on 31 December 1991. The depreciation limits apply in accordance with § 22 (1) sentence 1 of the valuation law. (3) In the case of the return of an economic entity or of an economic asset as well as in the restoration of full control rights over such assets shall be presumed to be in full compensation to the extent that the damage was detected. In the case of returns of assets situated in the territory referred to in Article 3 of the Agreement, and the restoration of full rights of disposal of such assets, the damage determined shall always be in full force in that respect. Height as balanced; impairment as well as the absence of accessories or inventory shall not be taken into account. If damage to a legal person or a civil society of the commercial law is compensated in whole or in part by the return of economic goods or compensation payments, the compensation for damage is to the individual concerned. in accordance with its participation ratio. In the case of damage compensation according to the property law or other internal German legislation in money or money value in German mark, in euros or in the form of the provision of replacement land, the damage detected is in full Height balanced. Other claims for compensation in cash or money value are to be compared with their value in the German mark, after 31 December 2001 in euros, to the amount of damage taken into account when the main compensation is granted. After 30 June 1990, compensation payments made in cash which have been converted in accordance with the provisions concerning the introduction of the currency of the German mark in the German Democratic Republic shall be subject to the nominal amount of the compensation provided before the (3a) In the cases of Section 32 (1) sentence 4 of the Property Law, the compensation and the beneficiaries named in the proposed decision may give up on the amount likely to be recovered in accordance with the provisions of the The provisions of the second section of the Mortgage Code shall be made as soon as the The decision on the transfer has become a final decision. The compensation office shall transmit the communication to the competent office or the State Office for the settlement of open property matters within the time limit laid down in Section 33 (5a) of the Property Law for delivery. Section 34 (1) sentences 3 to 6 of the Property Law shall apply in accordance with the proviso that the competent compensation office and the compensation fund of the Confederation shall enter the office of the Office for the regulation of open property matters. Fees for the basic booking procedure are not levied. (3b) For the beneficiaries within the meaning of § 6 (1a) of the Property Law, which is the return of a single commercial or a company within the meaning of Section 1 (2) of the Company Return Ordinance, where only one proprietor had requested, paragraph 3a shall apply in the case of the retransmission of assets in accordance with Section 6 (6a) sentence 1 of the Assets Act. (3c) Is the right of disposal within the meaning of Section 2 (3) of the Property Law for the return of the proceeds or for the replacement of the value of the traffic to the beneficiaries , the provisions of paragraphs 3a and 3b shall apply mutatily. In addition, the compensation and the person entitled to dispose of the compensation shall give the security referred to in the first sentence of paragraph 3a, on behalf of the person entitled, from the proceeds or the value of the transport value. The second sentence of paragraph 3a shall apply mutas to the notification of the date of the decision. The claim of the federal government shall be based on the right of the entitled person. (3d) Further details of the procedure referred to in paragraphs 3a to 3c may be regulated by means of a regulation. § 367 (2) shall not apply. (4) The final basic amount calculated in accordance with the provisions of § § 251, 258, 278a, 283 and 283a of the final basic payment shall exceed the final basic amount calculated in accordance with the provisions of paragraph 2 and shall be the basic amount to be exceeded. plus the interest rate surcharge calculated in accordance with the third sentence. In the cases of § 249a, in the case of a release of savings investments, the completed main indemnity shall be recovered in the amount of the additional basic amount (savings surcharge) plus the interest rate surcharge. The calculation of the interest-rate surcharge shall be the determining factor for the initial payment of the principal compensation for the economic good in question, which is based on the interest rate surcharge within the meaning of Article 250 (3); the The majority (§ 250 (6)) shall not be taken into account in the calculation of the resolicable interest rate surcharge. If the repayment subject proves that the value of the injury compensation received is less than the recovery amount, the recovery shall be limited to the value of the compensation compensation; compensation benefits shall be provided before 1 January 2002 in German mark shall be set in euro with the divisor of 1.95583. In the case of payments made to war-related and comparable benefits, it shall be the case; this shall not apply to the amounts charged on the principal compensation awarded, which are subject to the recovery in accordance with the first sentence. Ongoing payments of war-related and comparable benefits shall be continued in accordance with the applicable regulations; a recovery of the main compensation pursuant to § § 251, 258, 278a, 283 and 283a shall reduce the current Payments not. Benefits in terms of household allowance or aid for the procurement of household goods are not reclaimed. (5) The recovery is directed against recipients of compensation, their heirs or other heirs as well as in the case of one of the succession of the succession assets subject to inheritance, to the extent that such assets or their legal successor have acquired the compensation for compensation; as heirs in view of the claims for repayment, beneficiaries shall also be deemed to be entitled within the meaning of Section 2 (1) sentence 3 of the Property Law , and by waiving Section 2a (3) of the Property Law, of a community of heirlouses (repayable). If a legal successor to the repayment person or the injured party has obtained the compensation benefit in accordance with section 229 without adequate consideration or as a legatee, he may, in addition to the repayment obligations referred to in the first sentence, be deemed to have been Total debtors shall be used. Recipients of compensation payments shall be obliged to notify this to the competent compensation authority and to provide the information necessary for the recovery. The recovery is, except in the cases of § 8 of the Compensation Act, after the end of four years after the calendar year in which the compensation authority has become aware of the damage compensation and the person of the pledge, but not at the earliest after 31 December 1996; the period shall be ten years if the recipient of a compensation benefit has not complied with its obligation under sentence 3. The time limit may be interrupted by written notification to the pledge. Unofficial table of contents

Section 349a Minimum amount for repayment

Compensatory payments shall not be recovered as long as the amount of the recovery payment due to the respective repayment subject is less than 50 euros.

Fifteenth Section
Other and lefthand rules

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§ 350 voluntary work

(1) Persons residing in the scope of the Basic Law and in Berlin (West), who are invited to participate in voluntary work in the implementation of the provisions of Part Three of this Act, are obliged to cooperate. (2) Volunteer work, in particular as a co-sitter in the Board of Appeal, can only be rejected for important reasons. (3) The granting of travel expenses, days and overnight expenses as well as compensation for the failure of the service to the members of the advisory board. Committees are aimed at the compensation of the honorary judges provisions in force. Unofficial table of contents

Section 350a Repayment and settlement of compensation

(1) Recipients of compensation, their heirs or other heirs are obliged to refund any amounts received, to the extent that there is a claim for repayment under this Act or under the general administrative law. The claim for repayment may, except in the cases of § 342 (2) and § 349 and subject to the provisions of paragraph 2, be invoked only within four years from the end of the calendar year in which the overpayment was made; the time limit shall be: 10 years, when recipients of compensation have to represent or have to resign the overpayment. (2) Repayment claims can be made with all compensation payments, except for current payments of war damage (§ § 261 et seq.) as well as Death grants (§ 292b), and with all cash benefits due after the compensation and Compensation power law is charged. This shall also apply in so far as a claim for recovery cannot be claimed because of the expiry of the period referred to in the second sentence of paragraph 1. To the extent that the amount received is covered by a claim on the main compensation, the amount of compensation is to be calculated; if the person entitled to compensation relates to time, the basic amount determined in accordance with section 266 (2) shall be: shall be reduced accordingly. § 290 shall remain unaffected. (3) For the procedure, § 343 (1) and (2) shall apply accordingly. Unofficial table of contents

§ 350b Susceptibility, Stunt and Enforcement

(1) The claim for repayment shall be due one month after the delivery of the performance certificate. For the purposes of the settlement, the due date shall be due upon notification of the recovery order. (2) § 222 of the Tax Code shall apply accordingly. (3) The rules of the Federal Government shall apply to public-law claims of the Federal Republic of Germany. Law of Administrative Enforcement of 27 April 1953 (Bundesgesetzbl. 157) Application. The performance notice pursuant to section 3 (2) and the enforcement order pursuant to § 3 (4) of the Administrative Enforcement Act shall be issued by the head of the balancing act. § 340 (2) and (3) shall apply in respect of the appeal against the notice of benefit. (4) Enforcement authorities within the meaning of § 4 of the Administrative Enforcement Act are, unless the Länder determine other authorities, the administrations (5) Countries can determine that, in place of the provisions of the Administrative Enforcement Act, federal government regulations on compulsory administrative procedures shall be governed by public law. Find application. Unofficial table of contents

§ 350c interest rate, sowing surcharges and outlays

(1) The provisions of Section 234 (1) and (2) and § § 237, 238 and 240 of the Tax Code shall be applied accordingly. (2) The after-due date of a request for recovery for the administration of the receivedby the Kreditanstalt für Wiederaufbau The repayment shall be carried out by the repayment. Unofficial table of contents

§ 350d delivery and receipt of statements for the federal government

(1) Where the President of the Federal Compensation Office has designated the compensation authorities, financial institutions or other bodies responsible for the granting of loans or other claims by the Federal Government in connection with the granting or overpayment of: (§ 4), these bodies are authorized to provide legally effective declarations of rights which are or are entered for the Federal Government in the land register or register of ships, in particular on the basis of such statements, (2) Is the person referred to in paragraph 1 Determination of the President of the Federal Compensation Office in the Federal Gazette (Bundesanzeiger) has been disclosed, so far as there is no need for further proof in relation to the Land Registry Office or the Registry Court. Proof that a registered right is subject, in individual cases, to the administration of the financial institution acting on behalf of the Federation or to the other body shall be deemed to have been carried out in relation to the Land Registry or the Register Report, if such a right is to be considered a certificate of compensation shall be submitted or, if the document issued for the purpose of the registration of the law or of the instrument relating to a contract of debt on which the right is based results, that the certificate shall be submitted to the The Federal Institute of Technology or the other body has already acted for the federal government. Where the declaration of a right in rem is made by a countervailing authority, it shall not be necessary to demonstrate that the right of administration of the compensation authority under consideration is subject to the individual case. Unofficial table of contents

§ 350e transfer of appeal procedures

If, on the basis of a decision taken before 31 July 1992, the decision of the compensation committee is called for, that appeal shall be deemed to be a complaint. § § 336 to 341 apply to the procedure. The same applies to those pursuant to § 346 in the version in force before 31 July 1992, by way of derogation from the applicable law-making procedures. Unofficial table of contents

Section 351 Administrative costs

The costs of the Federal Compensation Office are borne by the Federal Government. Unofficial table of contents

§ § 352 to 357 ----

(The rules are overhauled.) Unofficial table of contents

Section 358 Special provisions for Berlin

The provisions of the third part of this Act shall apply in Berlin (West), with the following conditions:

1.

To the extent that the reduction of the basic amount pursuant to Section 249 (1) of the Assets in Berlin (West) has to be taken into account, it shall be applicable in accordance with § § 80 to 83. The authorization in Section 249 (5) (1) shall also apply to the provisions relating to the calculation of the assets to be used in accordance with the first sentence.

2.

In the case of the application of Section 249 (3) sentence 3, in so far as the reduction of the capital levy pursuant to section 84 (4) on assets in Berlin (West) is omitted, the position shall be replaced by the

of the time value of	the time value of
50 of the hundred	16 of the hundred,
54 of the hundred	18 of the hundred,
58 of the hundred	19 of the hundred,
60 of the hundred	20 of the hundred,
62 of the hundred	21 of the hundred,
66 of the hundred	22 of the hundred,
71 of the hundred	23 of the hundred,
75 of the hundred	25 of the hundred,
79 of the hundred	26 of the hundred.

3.

In place of the five permanent jobs required by Section 259 (2), three permanent jobs are sufficient in Berlin (West).

4.

The authorities referred to in § 352 (2) shall be replaced by the home-aid and war-damage authorities and a State Office for Emergency Aid, which is set up with the Senator for Finance.

5.

§ 353 Nos. 1 and 2 shall apply in accordance with the procedures laid down in the law of 22 November 1951 pursuant to the Law and Ordinance Gazets of 22 November 1951 (Law and Regulation Bulletin, p. 1117) in the case of the home-aid and war damage services, as well as the one for the senator for Financial statements of the Board of Appeal are pending.

6.

Section 354 (1) shall apply from the date on which the law enters into force in Berlin (West), in accordance with the provisions of Article III (11) of the First Law on the New Order of Asset Taxation in Berlin of 29 December 1950 (Regulation sheet for Berlin 1951 I p. 26) emergency aid special stock.

7.

The authorization of § 357 shall apply in accordance with the provisions of the Hausrathilfegesetz in Berlin (West).

Fourth part
Common final rules

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Section 359 Non-consideration of damage and losses, refund cases

(1) Damage and loss of property acquired in the use of measures taken by the National Socialist tyrannship cannot constitute a claim for compensation or for the setting of the capital levy. shall be considered. (2) The granting of compensation and the reduction of the capital levy in those cases in which the assets of the economy during the period from 30 January 1933 to 8 May 1945 in the sense of the Restitution laws have been revoked, shall be governed by the law in accordance with the principles of this law. In this case, the property property may be subject to the status of displaced persons in favour of persons who have been subjected to persecution measures in the areas of displacement; in the case of these persons and in the case of persons to whom damage has been caused in the sense of Section 15a (1) (4) of this Regulation. (3) In the case of the granting of compensation and the setting of the capital levy, it is also not taken into account:

1.

Damage and loss of persons who have made a significant advance to the expulsion or injury to German or, in the area of the abortion, after the beginning of the general recovery measures by their conduct against the principles of humanity, or the rule of law,

2.

Damage and loss of persons who have made significant advances to the political system in the Soviet occupation zone of Germany and in the Soviet sector of Berlin, or have been there since the occupation by their conduct against the principles who have violated humanity or the rule of law,

3.

Damage and losses of economic goods which, after the initial general government measures, take advantage of the conditions existing in the area of the tendering process, without adequate consideration or a breach of morality or morality, have been acquired by means of a threat or coercion or by a legal transaction connected with an unlawful possession or by another unauthorised act.

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Section 360 exclusion of compensation and benefits

(1) In the case of compensatory benefits and benefits in respect of the transfer of property, it is possible to exclude in whole or in part without prejudice to the prosecution of criminal or tax criminal proceedings,

1.

Who, in his own or a foreign matter, knowingly or grossly negligently misinformation about the origin or extent of the damage, including the liabilities, instigated, inducted or admitted for the purpose of deception other than a decision has been concealed, dislocated or reflected in a significant number of facts,

2.

who, in their own or outside cause, witnesses, experts or persons involved in the matter, offered or offered gifts or other benefits, or threatened or inflicted them with disadvantages, in order to give them a false impression of the the determination of a false opinion or an act which contains a breach of duty or official duty;

3.

who has intentionally brought about a deterioration of his relations or attempted to create the conditions for the granting of compensatory benefits or benefits.

(2) The exclusion from the granting of compensation shall be decided upon at the request of the head of the balancing act of the head of the country's balancing act. The decision shall be justified; it may be taken by the person concerned in accordance with § § 338ff. are challenged. The challenge does not have suspensive effect. The decision may be made at the request of the head of the compensation also after the granting of the claim or after the latter has been fulfilled; benefits granted shall be reimbursed. If the person responsible for the conduct referred to in paragraph 1 (1) to (3) is deceased prior to the initiation or conclusion of a closure procedure, the procedure may be initiated or concluded with effect against the heir or other heirs. (3) If there are reasonable suspicions that the conditions for the exclusion referred to in paragraph 1 are met, the payment of current benefits by the head of the compensation system may be made after the application for exclusion has been lodged. are temporarily blocked until a decision has been taken on the exclusion. (4) For the decision the exclusion of benefits in the case of the capital levy referred to in paragraph 1 and for the suspension of such decisions shall be subject to the provisions of the Regulations on the Financial Regulation. Unofficial table of contents

§ 361 Contract Aid

In so far as the assets or income relationships of a person are to be taken into account in a judicial contract assistance procedure or in a judicial proceeding corresponding to the debt settlement, entitlements shall be: who are due to this law, to be disregarded. Unofficial table of contents

Section 362 enforcement protection due to old liabilities

(1) Enforcement measures on account of liabilities received before 8 May 1945, the executing court has, at the request of a debtor, the construction loan under this Act, reconstruction aid under the emergency relief law or loans or aid granted under the Refugee Settlement Act, until the implementation of a contract aid procedure, but at the latest until 31 December 1953. (2) The creditor may also be able to shall submit the application for the initiation of the contract assistance procedure. Unofficial table of contents

Section 363 Protection against recourse to benefits of social assistance or basic insurance for jobseekers

If the maintenance entitlement of a dependant has been granted to social assistance in accordance with the Twelfth Book of Social Code or has been granted for the benefit of the subsistent in accordance with the Second Book of the Social Code, to which: for the purpose of this claim, the institution of social assistance or the agency shall not be allowed to carry out compulsory enforcement against the person responsible for the maintenance of the person, if he or she is a person who has been more or less resentful and if the person responsible for the work of the agency is responsible for the execution of the work Enforcement of the reorganization or securing of its existence would be endangered. Unofficial table of contents

Section 364 Supplementary measures

(1) The services provided for in this Act shall not affect the support measures which the Federal Government, the Länder, municipalities and associations of the municipalities shall implement for the purpose of the integration of displaced persons and war-affected persons. (2) The implementation of the burden-sharing system is reserved for local authorities to adopt supplementary provisions on the facilitation of public charges and fees and costs; in the area of the federal government, the following may be provided by: Legal regulation. Unofficial table of contents

§ 365 Altausterregulation

In addition to the measures provided for in this Act to compensate for savings in savings, a further statutory scheme to compensate for losses incurred as a result of the reorganisation of the monetary system within the scope of the The Basic Law and in Berlin (West) have taken place on old savings plants (Altsparergesetz). For this purpose, funds will be made available by the federal government. Unofficial table of contents

§ 366

(dropped) Unofficial table of contents

Section 367 Decree of legal orders

(1) The legal regulations provided for in this Act shall be adopted by the Federal Government with the consent of the Federal Council. (2) By means of a legal regulation pursuant to paragraph 1, the authorisation to issue legal orders may be granted to the President of the The President of the Federal Compensation Office does not require the approval of the Federal Council for the adoption of such legal regulations. Unofficial table of contents

§ § 368 to 372 ----

(The rules are overhauled.) Unofficial table of contents

Section 373 Transitional provision on the occasion of the law amending and adjusting the burden-compensation law

The provisions of Articles 2 and 4 to 8 of the Law amending and Cleansing The Burden-compensating Law of 21 June 2006 (BGBl). I p. 1323) shall continue to be applied in proceedings under this Act, the Law on the Law of Arrest, the Evidence Protection and Arrest Warrant and the Reparation Damage Act, if it is not completed until 1 July 2006. . This also applies to procedures relating to the modification of decisions, the resumption of proceedings and the recovery of benefits, in particular as a result of compensation for damages. Comparisons, as provided for in Article 332 (4), are admissible. Unofficial table of contents

§ 374 Application of the law in Berlin

This law and the legal regulations, general administrative orders and instructions issued pursuant to this Act shall also apply in Berlin (West), if the Land of Berlin is to apply this law pursuant to Article 87 (2) of its Constitution Decides. Unofficial table of contents

Section 375

(Entry into force) *)
-----

*)

In accordance with Annex I, Chapter II, Section III, Section III, point 4, of the Agreement of 31 August 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl I). 885, 920), and in conjunction with Article 1 (3) of the Law of 20 December 1991 (BGBl. 2270), the burden-equalisation law has entered into force in the area referred to in Article 3 of the agreement with the following measures:

a)

In the territory referred to in Article 3 of the Treaty, Section 230 (2) (1) shall apply only to persons who, after the date of entry into force of accession and before 1 January 1993, have taken their permanent residence in that territory.

b)

§ 6 para. 4, § § 305, 306, 308 to 311 as well as § 313 (1) sentence 3, § 314 (1) sentence 2 and § 316 (1) sentence 1 shall not be applied in the area referred to in Article 3.

c)

The President of the Federal Compensation Office shall designate the competent compensation office for applicants with permanent residence in the territory referred to in Article 3 of the Treaty.

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Annex EV Excerpt from EinigVtr Annex I, Chapter II, Sachgebiet D, Section III
(BGBl. II 1990, 889, 920)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

4.

Last compensation law in the version of the notice of 1. October 1969 (BGBl. I p. 1909), as last amended by Article 2 of the Law of 28 June 1990 (BGBl. 1247), with the following measures:

a)

(no longer apply)

b)

§ 6 para. 4, § § 305, 306, 308 to 311 as well as § 313 (1) sentence 3, § 314 (1) sentence 2 and § 316 (1) sentence 1 shall not be applied in the area referred to in Article 3 of the Treaty.

c)

The President of the Federal Compensation Office shall designate the competent compensation office for applicants with permanent residence in the territory referred to in Article 3 of the Treaty.