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Severely disabled-compensatory allowances

Original Language Title: Schwerbehinderten-Ausgleichsabgabeverordnung

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Severely disabled-compensation regulation (SchwbAV)

Unofficial table of contents

SchwbAV

Date of completion: 28.03.1988

Full quote:

" The Ordinance of the Severely Disabled Person of 28 March 1988 (BGBl). 484), as last amended by Article 7 of the Law of 22 December 2008 (BGBl I). 2959).

Status: Last amended by Art. 7 G v. 22.12.2008 I 2959

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 8.4.1988 + + +)
Heading: IdF d. Art. 57 No. 1 G v. 19.6.2001 I 1046 mWv 1.7.2001 Unofficial table of contents

Input formula

Pursuant to Section 11 (3) sentence 3, § 12 (2) and § 33 (2) sentence 5 of the Law on the Disabled, as amended by the Federal Law Gazette of 26 August 1986 (BGBl. 1421) and Article 12 (2) of the Act to facilitate the transition from working life to retirement on 13 April 1984 (BGBl I). I p. 601), with the approval of the Federal Council, the Federal Government shall: Unofficial table of contents

Content Summary

First section
(dropped)
§ § 1 to 13 (dropped)
Second section
Promotion of the participation of severely disabled people in the working life of the compensatory levy funds by the main welfare authorities
§ 14 Uses
1. Subsection
Services to promote the provision of work and training places for severely disabled people
§ 15 Services to employers for the creation of work and training places for severely disabled people
§ 16 Labour market programmes for severely disabled people
2. Subsection
Benefits for accompanying assistance in working life
§ 17 Performance types
§ 18 Performance requirements
I. Services to severely disabled persons
§ 19 Technical assistance
§ 20 Help to reach the workplace
Section 21 Aid for the creation and maintenance of a self-employed professional existence
Section 22 Support for the procurement, equipment and maintenance of an apartment suitable for disabled persons
Section 23 (repealed)
§ 24 Support for participation in measures to maintain and extend professional knowledge and skills
Section 25 Aid in special circumstances
II. Benefits to employers
Section 26 Services for the disabled establishment of work and training places for severely disabled persons
Section 26a Subsidies for the fees for the vocational training of particularly severely disabled young people and young adults
§ 26b Premiums and subsidies on the costs of vocational training for disabled young people and young adults
Section 26c Premiums for the introduction of an in-company integration management
§ 27 Benefits under exceptional conditions
III. Other benefits
§ 27a Services to integration services
§ 28 Services for the implementation of the psychosocial care of severely disabled people
Section 28a Benefits for integration projects
§ 29 Services for the implementation of educational, training and educational measures
3. Subsection
Services for institutions for the participation of severely disabled people in working life
§ 30 Eligible institutions
Section 31 Eligibility requirements
Section 32 Promotion principles
§ 33 Type and amount of benefits
Section 34 Redemption and return of loans
Third Section
Equalisation Fund
1. Subsection
Design of the compensation fund
§ 35 Legal Form
§ 36 Transfer of funds to the compensation fund
Section 37 Application of the rules of the federal budget order
§ 38 Establishment of an economic plan
§ 39 Determination of the economic plan
§ 40 Execution of the economic plan
2. Subsection
Promotion
The participation of severely disabled people in the working life of the compensation fund
Section 41 Uses
3. Subsection
Procedure for the allocation of funds from the compensation fund
§ 42 Application procedures and applications
Section 43 Proposal law of the Advisory Council
Section 44 Decision
§ 45 Projects of the Federal Ministry of Labour and Social Affairs
Fourth Section
Final provisions
Section 46 Transitional arrangements
§ 47 Entry into force, external force

First section
(dropped)

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§ § 1 to 13 (omitted)

Second section
Promotion of the participation of severely disabled people in the working life of the compensatory levy by the Integration Offices

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§ 14 Use

(1) The integration offices shall have the means at their disposal to use the countervailing charge, including interest, repayment of loans, repaid grants and the unused resources of the previous year, for: the following services:
1.
Services to promote the provision of work and training places for severely disabled people,
2.
Accompanying assistance in working life, including the implementation of educational, training and educational activities,
3.
Services for institutions for the participation of severely disabled people in working life and
4.
Services for the implementation of research and pilot projects in the field of the participation of severely disabled people in working life, provided that they are of exclusively or predominantly regional significance, or in the case of the Federal Ministry of Labour and the Federal Ministry of Labour and Social applications requested from the compensation fund could not be provided.
(2) The funds of the countervailing charge shall be used as a priority for the promotion referred to in paragraphs 1 and 2. (3) The integration offices may participate in the promotion of projects pursuant to § 41 (1) (3) to (6) by the compensation fund.

1. Subsection
Services to promote the provision of work and training places for severely disabled people

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§ 15 Benefits to employers for the creation of work and training places for severely disabled people

(1) Employers may receive loans or grants up to the full amount of the necessary costs incurred in respect of the costs of the following measures:
1.
the creation of new suitable, if necessary, disabled-equipped workplaces in establishments or services for severely disabled persons,
a)
which are to be discontinued without obligation of employment or beyond employment obligations (§ 71 of the Ninth Book Social Code),
b)
which are to be recruit in the context of the fulfilment of the special obligation to employ persons particularly affected in the working and working life (Article 71 (1) sentence 2 and § 72 of the ninth Book of the Social Code),
c)
which are to be discontinued after a longer period of unemployment of more than 12 months,
d)
which, following employment in a recognised workshop for disabled people, is to be suspended, or
e)
which are to be implemented for the implementation of special care and support measures pursuant to § 81 (3) sentence 1, (4) sentence 1, No. 1, 4 and 5 and (5) sentence 1 of the Ninth Book Social Code on a new job to be created, or whose employment relationship would end without implementation on a new job to be created,
2.
the creation of new, if necessary, disabled training places and places for other vocational training for severely disabled people, in particular for participation in work-life benefits, according to Section 33 (3) (3) of the Ninth Book of the Social Code, in enterprises or departments,
if it is ensured that the places to be funded remain reserved for persons with severely disabled persons who are to be determined in accordance with the situation of the individual case. Benefits may also be provided in respect of expenses incurred by the training of severely disabled persons in the use of the items delivered in accordance with the first sentence. (2) Services shall only be provided if the employer is in a appropriate proportion of the total cost. They can only be provided if funds for the same purpose are not to be provided by another party or are provided. The type and height of the service are determined according to the circumstances of the individual case. Loans are to be redeemed at an annual rate of 10 per annum; the repayment may be carried out in the year of payment and the subsequent calendar year. (3) The impediment to the provision of work and training places and the setting up of part-time jobs, where the benefits referred to in paragraph 1 are not provided, may also be provided in accordance with the provisions of the rules laid down in on accompanying assistance in working life (§ 26). Unofficial table of contents

Section 16 Labour market programmes for severely disabled people

The Integration Offices can assign funds to the Federal Employment Agency to the compensation levy for the implementation of fixed-term regional labour market programmes in accordance with § 104 (3) of the ninth Book of the Social Code.

2. Subsection
Benefits for accompanying assistance in working life

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§ 17 Performance Types

(1) Benefits for accompanying assistance in working life can be provided
1.
of severely disabled people
a)
for technical assistance (§ 19),
b)
to reach the workplace (§ 20),
c)
the creation and maintenance of a self-employed professional existence (§ 21),
d)
for the procurement, equipment and maintenance of a disabled apartment (§ 22),
e)
(dropped)
f)
to take part in measures to maintain and enhance professional knowledge and skills (§ 24) and
g)
in special circumstances (§ 25),
2.
to employers
a)
for the establishment of work and training places for severely disabled persons in a way that is appropriate for the disabled (§ 26),
b)
for subsidies on the fees charged for the vocational training of particularly severely disabled young people and young adults (Article 26a),
c)
for premiums and subsidies on the costs of vocational training for young people with disabilities and young adults (§ 26 b),
d)
for premiums for the introduction of an in-company integration management (§ 26c) and
e)
in the event of exceptional burdens (§ 27),
3.
to providers of integration services at the cost of their use (§ 27a), including free non-profit institutions and organisations at the cost of psychosocial care of severely disabled persons (§ 28) and to carriers of Integration projects (§ 28a),
4.
for the implementation of educational, training and educational measures (§ 29).
In addition, such services may, in special circumstances, be provided to institutions other than those which are appropriate and suitable for the participation of severely disabled persons in the working life in the general labour market (taking up, exercising or carrying out the work). (1a) Persons with a severely disabled person, under the responsibility of the Integration Office for accompanying assistance in working life, are responsible for ensuring that the employment of the disabled is not Compensation at the disposal of the funds eligible for the acquisition of the Costs of a necessary work assistance. (1b) Disabled persons are entitled to take over the costs of a professional assistance under the responsibility of the Integration Office from the funds available to him from the countervailing charge. According to § 38a (3) of the Ninth Book Social Code. (2) Other than those mentioned in paragraphs 1 to 1b, which do not serve the participation of severely disabled persons in the working life, or only indirectly, cannot be provided. In particular, medical measures as well as holiday and leisure activities cannot be promoted. Unofficial table of contents

§ 18 Performance requirements

(1) Services in accordance with Section 17 (1) to (1b) may only be provided in so far as benefits for the same purpose are not to be provided by a rehabilitation carrier, by the employer or by any other party, or, even if they do not have a legal claim to They are provided. The demand for social assistance in accordance with § 2 of the Twelfth Book of the Social Code and the prohibition of the increase of benefits of the rehabilitation holders by means of services of the integration offices (§ 102 paragraph 5 sentence 2 last half sentence of the ninth book Social Code) and the possibility of integration offices to provide services of accompanying assistance in working life on a provisional basis (Section 102 (6) sentence 3 of the Ninth Book Social Code), remain unaffected. (2) Services for severely disabled persons the accompanying assistance in working life can be provided,
1.
if participation in working life in the general labour market, taking into account the nature or severity of the handicap, encounters particular difficulties and can be made possible, facilitated or secured by means of the benefits, and
2.
if it is not possible for the severely disabled person, because of the need for disability, to raise the necessary resources themselves. In the other cases, its income ratios must be taken into account.
(3) The benefits may be provided as one-off or ongoing services. In general, current services can only be provided for a limited period of time. Services can be provided repeatedly.

I.
Services to severely disabled people

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Section 19 Technical assistance

For the procurement of technical work aids, their maintenance, repair and the training of the severely disabled person in use, the costs can be taken up to the full height. The same applies to the replacement procurement and the procurement for adaptation to the technical development. Unofficial table of contents

Section 20 Help for attaining the workplace

Severely disabled persons can provide services for the achievement of the workplace in accordance with the Motor Vehicle Aid Regulation of 28 September 1987 (BGBl. I p. 2251). Unofficial table of contents

Section 21 Aid for the creation and maintenance of a self-employed professional existence

(1) Disabled persons may receive loans or interest-rate subsidies for the establishment and maintenance of a self-employed professional existence if:
1.
fulfil the necessary personal and professional requirements for the performance of the business;
2.
they are likely to be able to substantially ensure their livelihood in the long term, and
3.
the activity, taking into account the situation and development of the labour market, is appropriate.
(2) Loans are to be redeemed at a rate of 10 per annum. The repayment may be disbursed in the year of payment and the following calendar year. (3) Other services to cover the costs of current operations cannot be provided. (4) § § 17 to 20 and § § 22 to § 27 are for the benefit of severely disabled persons. Persons who exercise or intend to engage in a self-employed activity shall apply accordingly. Unofficial table of contents

Section 22 Aid for the procurement, equipment and maintenance of an apartment suitable for disabled persons

(1) severely disabled persons may receive benefits
1.
for the procurement of housing within the meaning of Section 16 of the Housing Promotion Act,
2.
to adapt housing and its equipment to the special needs and needs of the disabled and
3.
to move to an apartment that is suitable for disabled people or is considerably cheaper to work.
(2) Services may be provided as grants, interest rate subsidies or loans. The amount, redemption and interest shall be determined in accordance with the circumstances of the individual case. (3) Services on the other hand shall be counted only in so far as they are to be provided or provided for the same purpose for the same purpose on account of the handicap. . Unofficial table of contents

Section 23

(dropped) Unofficial table of contents

Section 24 Aid to take part in measures to maintain and extend professional knowledge and skills

Severely disabled persons taking part in internal or non-operational vocational training measures for the maintenance and extension of their professional knowledge and skills or for adaptation to technical development, in particular: Special training and adaptation measures which, according to the nature, scope and duration, meet the needs of these severely disabled persons, may be granted up to the level of the expenditure incurred by them by participating in these measures. . Aid can also be provided for career advancement. Unofficial table of contents

Section 25 Aid in special circumstances

Other benefits for accompanying assistance in working life other than those regulated in § § 19 to 24 may be provided to persons with severe disabilities, if and insofar as they are required in the light of the nature or severity of the disability in order to enable, facilitate or secure the participation in working life in the general labour market.

II.
Benefits to employers

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§ 26 Benefits for the disabled establishment of work and training places for severely disabled people

(1) Employers may receive loans or grants up to the full amount of the necessary costs for the following measures:
1.
the establishment and maintenance of workplaces, including facilities, machinery and equipment that is appropriate for the disabled;
2.
the setting-up of part-time jobs for severely disabled people, in particular where part-time work of a duration of less than 18 hours, but at least 15 hours, weekly because of the nature or severity of the disability is necessary,
3.
the provision of places of work or training with the necessary technical assistance, maintenance and repair, and the training of the severely disabled person in the use of the items referred to in points 1 to 3,
4.
-other measures which enable, facilitate or secure the employment of severely disabled persons in establishments or services which are as permanent as possible to the disabled.
The same shall apply to replacement procurements or procurements for adaptation to technical development. (2) The nature and amount of the service shall be determined in accordance with the circumstances of the individual case, in particular taking into account whether an obligation of the Employer for the implementation of measures pursuant to paragraph 1 in accordance with § 81 (3) sentence 1, (4) sentence 1 no. 4 and 5 and paragraph 5 sentence 1 of the Ninth Book Social Code exists and is fulfilled as well as whether severely disabled persons without employment obligation or beyond the obligation of employment (§ 71 of the Ninth Book Social Code) or in the (3) § 15 (2) The framework of the performance of the special obligation to employ persons with regard to the participation in the working life of particularly severely disabled persons (§ 71 (1) sentence 2 and § 72 of the Ninth Book Social Code) is employed. Substitutes 1 and 2 shall apply accordingly. Unofficial table of contents

Section 26a Grants on the fees for the vocational training of particularly severely disabled young people and young adults

Employers who do not require employment (§ 71 (1) of the Ninth Book Social Code) recruit particularly severely disabled persons for vocational training, may grant subsidies for the fees, in particular examination fees at the Vocational training, obtained. Unofficial table of contents

Section 26b Premiums and subsidies on the costs of vocational training for disabled young people and young adults

Employers can receive premiums and subsidies on the costs of vocational training for disabled young people and young adults who are equal to the severely disabled for the period of vocational training in accordance with § 68 (4). Unofficial table of contents

§ 26c Premiums for the introduction of a company integration management

Employers can receive premiums for the introduction of a company integration management. Unofficial table of contents

§ 27 Benefits under exceptional burdens

(1) Employers may receive grants for the retribution of exceptional burdens linked to the employment of a severely disabled person, who is particularly affected by the nature or severity of his disability in working and working life (Section 72 (1) (1) (a) to (d) of the Ninth Book Social Code) or following employment in a recognised workshop for disabled persons or in part-time (§ 75 para. 2 of the Ninth Book Social Code) , above all, if the employment relationship is not jeopardised without these services Would. The benefits provided for in the first sentence may also be provided in proofs and traineeships which are carried out by a disabled person employed in a workshop for disabled persons in the context of measures to promote the transition to general (2) The labour market (§ 5 (4) of the Ordinance on the Labour Market Act) is completed if the exceptional costs incurred by the employer are not covered by the benefits of the rehabilitation support provided during this period. (2) Extraordinary Charges are above-average financial expenses or other (3) For the grants to be paid to an employer in the case of the employment of a severely disabled person, even after all possibilities have been exhausted and for which the costs to be borne by the employer are unreasonable by type or amount. (3) (4) The duration of the grant shall be determined in accordance with the circumstances of the individual case.

III.
Other benefits

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§ 27a Benefits of Integration Services

Providers of integration services within the meaning of Chapter 7 of Part 2 of the Ninth Book Social Code may receive benefits under Section 113 of the ninth Book of the Social Code on the necessary costs arising from their use. Unofficial table of contents

§ 28 Benefits for the implementation of psychosocial care of severely disabled persons

(1) Free non-profit-making bodies of psychosocial services, which the Integration Office is responsible for carrying out the task assigned to it by the psychosocial care of severely disabled persons in the individual case, with the continuity of their responsibility (2) Services referred to in paragraph 1 shall be subject to the pretext that:
1.
the psycho-social service, according to its human, spatial and causal equipment, is suitable for the implementation of psychosocial care measures, in particular equipped with professionals who have a suitable professional qualification, have a psychosocial additional qualification and have sufficient professional experience, and
2.
the measures
a)
, in accordance with the nature, extent and duration of the taking up, pursuit or safeguarding of the most permanent employment of disabled persons in the general labour market, and are suitable for that purpose,
b)
are carried out in accordance with the principles of economy and economy, and in particular the costs are appropriate; and
c)
on the basis of an agreement between the Integration Office and the institution of the psychosocial service.
Benefits may also be provided for measures for severely disabled persons who are directly entitled to this service in agreement with the Integration Office under certain conditions which are to be specified in the agreement. (3) Services shall, as a general rule, be provided up to the full amount of the necessary costs arising from the participation in the measures necessary in individual cases. The details of the amount of the costs to be taken, their collection, presentation and settlement shall be determined in accordance with the agreement between the Integration Office and the institution of the psychosocial service referred to in the first sentence of paragraph 2 (2) (c). Unofficial table of contents

§ 28a Benefits of Integration Projects

Integration projects within the meaning of Chapter 11 of Part 2 of the Ninth Book of the Social Code, may provide services for construction, extension, modernisation and equipment, including business advice and special effort . Unofficial table of contents

§ 29 Benefits for the implementation of educational, training and educational measures

(1) The implementation of training and education measures for persons with disabilities of severely disabled persons, representatives of employers, operating personnel, personnel, judges, prosecutors and presiders, as well as the members of the stages representatives, will be in the case of events of the Integration Offices within the meaning of Section 102 (2) sentence 6 of the ninth Book of the Social Code. The implementation of measures within the meaning of the first sentence by other institutions may be encouraged if the measures are necessary and the integration offices are significantly involved in their content-related design. (2) Awareness-raising measures and training programmes and educational measures for persons other than those referred to in paragraph 1 which have the object of the participation of severely disabled persons in the working life may be encouraged. This also applies to the qualification of the staff to be employed in accordance with section 102 (1) of the ninth book of the Social Code, as well as to the necessary information and events relating to rights, obligations, benefits and other means of integration as well as night-time comparisons according to the ninth Book of the Social Code and other regulations.

3. Subsection
Services for institutions for the participation of severely disabled people in working life

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§ 30 eligible institutions

(1) Services may be provided for the creation, extension, equipment and modernisation of the following institutions:
1.
-----------------------------------
2.
in-company, in-company and out-of-business facilities for the vocational training of disabled persons;
3.
institutions, insofar as they prepare disabled people for vocational training or participation in working life during the performance of medical rehabilitation services,
4.
Workshops for disabled persons within the meaning of § 136 of the Ninth Book Social Code,
5.
Blind workshops with a recognition on the basis of the Blind Goods Sales Act of 9 April 1965 (BGBl. 311), in the version until 13 September 2007,
6.
Places of residence for disabled persons working in the general labour market, in workshops for disabled people or in blind workshops.
7.
(dropped)
The Federal Ministry of Labour and Social Affairs is involved in the planning of new or expansion of existing facilities according to the first sentence of the first sentence of 1 no. 4 to 6. (2) Public or non-profit-making bodies of a special Transport services for people with disabilities can be provided with services for the procurement and accessibility of equipment for motor vehicles. The amount of the service shall be determined on the basis of the extent to which the special transport service is used for the journeys of disabled persons from and to the workplace. (3) Services to cover the costs of day-to-day operations may only be provided for: by way of exception, the loss of existing employment opportunities for disabled persons can be averted. For the bodies referred to in paragraph 1 (4) to (6), benefits may also be provided to cover a rental or lease interest. Unofficial table of contents

Section 31 Funding requirements

(1) The institutions within the meaning of Article 30 (1) may be encouraged if they:
1.
include exclusively or mainly disabled persons who use the services of a rehabilitation carrier,
2.
disabled persons, regardless of the cause of the disability and regardless of membership in the organization of the institution of the institution, and
3.
According to their personal, spatial and Saxon equipment the guarantee is provided that the rehabilitation measures are carried out according to contemporary knowledge and serve a lasting participation in the working life.
(2) In addition, the funding shall be subject to
1.
Facilities within the meaning of Section 30 (1) No. 1: The measures to be carried out in these institutions shall take into account the individual concerns of the disabled person and shall include both a practical training and a theoretical instruction. Accompanying assistance according to the needs of disabled people must be ensured. Measures to prepare for vocational training should cover a number of occupational fields and give rise to the inclination and suitability of disabled people.
2.
Facilities within the meaning of Section 30 (1) No. 2:
a)
The aptitude requirements in accordance with § § 27 to 30 of the Vocational Training Act or in accordance with § § 21 to 22b of the Craft Regulations for the training in recognized training occupations must be fulfilled. This also applies to training courses which are carried out in accordance with § 66 of the Vocational Training Act or in accordance with § 42m of the Craft Regulations.
b)
In addition to or over-the-job facilities, the inclusion of places for pre-vocational measures, usually at least 200 places for vocational training in a number of occupational fields, is intended to be at least equal. They must be able to professionally form disabled people with a particular type or severity of disability. They must have the necessary number of trainers and the personal and causal conditions for an accompanying medical, psychological and social care in accordance with the needs of disabled people. In the case of accommodation in the boarding school, it is necessary to ensure the appropriate care. The institutions are obliged to cooperate trusting with each other, in particular with each other and with the authorities responsible for rehabilitation.
3.
Institutions within the meaning of section 30 (1) (3): The services to be carried out in these institutions in an interlocking procedure for medical rehabilitation and participation in working life must be carried out in accordance with the individual requirements of the individual The situation should be such that, once these measures have been completed, the transition to vocational training or working life as seamless as possible will be ensured. Special specialised services must be available for the implementation of the measures.
4.
Workshops for disabled persons within the meaning of section 30 (1) (4): You must be recognized in accordance with § 142 of the Ninth Book of the Social Code or are likely to be recognized.
5.
Blind workshops within the meaning of section 30 (1) no. 5: You must be recognized on the basis of the Blindenwarenvermotive Act.
6.
Residential sites within the meaning of § 30 (1) no. 6: They must meet the special needs of disabled people in terms of their structural design, living area measurement and equipment. The inclusion of disabled people who are not in the working life does not exclude support in proportion to the proportion of people with disabilities in the working life. The whereabouts of severely disabled people who are no longer in work, in particular of severely disabled persons after leaving a workshop for disabled people, are not affected by the appropriate use of the (b)
7.
(dropped)
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Section 32 Funding principles

(1) Services shall only be provided if the institution of the institution participates in a reasonable proportion of the total cost and any other means of financing from the public sector and from private funds shall be provided in the (2) Services may only be provided in so far as services for the same purpose are not to be provided or provided by another party. If institutions from federal or other public authorities are encouraged, funding from the countervailing charge is only permitted if the purpose of the grant cannot be reached otherwise. (3) Benefits can only be provided (4) Refinancing from the countervailing charge shall only be allowed if a grant is provided by the same body . Unofficial table of contents

§ 33 Type and amount of benefits

(1) Services may be provided as grants or loans. Subsidies are also interest-rate subsidies for the reduction of foreign funds. (2) The nature and amount of the benefit are determined by the circumstances of the individual case, in particular by the proportion of severely disabled persons in the total number of persons to be paid. the economic situation of the institution and its institution, as well as the importance and urgency of the rehabilitation measures envisaged. Unofficial table of contents

Section 34 Tilgung and interest on loans

(1) Loans in accordance with § 33 shall be paid annually at 2 of the hundred and with 2 of the hundred discounted; in the case of equipment investments, the repayment shall be 10 of the hundred. Interest saved as a result of the progressive repayment increases the repayment order. (2) The repayment and return of loans can be disbursed until the end of two years after the start of operation.

Third Section
Equalisation Fund

1. Subsection
Design of the compensation fund

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Section 35 Legal form

The compensation fund for national projects for the participation of severely disabled people in the workplace (compensation fund) is a non-legally-capable special fund of the Confederation with its own economic and accounting system. It is to be kept separate from the remaining assets of the Federal Government, its rights and liabilities. Only the compensation fund shall be liable for liabilities which the Federal Ministry of Labour and Social Affairs acts as custodian of the compensation fund; the compensation fund shall not be liable for the other liabilities of the Federal Government. Unofficial table of contents

Section 36 Forwarding of appropriations to the compensation fund

As of 30 June each year, the Integration Offices shall forward to the compensation fund 20 of the hundred of the amount of compensation received from 1 June of the previous year to 31 May of the year. They shall inform the Federal Ministry of Labour and Social Affairs of 30 June of each year the coming up of a countervailing charge for the previous calendar year on the basis of the actual payment to the integration offices up to 31 May of the year Occurrence with. On 31 January of each year, they shall notify the Federal Ministry of Labour and Social Affairs of the amount of the countervailing charge for the previous calendar year. Unofficial table of contents

Section 37 Application of the provisions of the Federal Budget Code

The compensation fund shall be subject to the provisions of the federal budget and to the provisions adopted in order to supplement it and to implement it, in so far as the provisions of this Regulation do not determine otherwise. Unofficial table of contents

Section 38 Establiting an economic plan

(1) An economic plan shall be drawn up for each calendar year (marketing year). (2) The economic plan shall contain all in the marketing year.
1.
revenue to be expected
2.
likely to be incurred, and
3.
the expected commitment appropriations.
Interest, repayment of loans, repaid grants and unused resources of the previous year shall be used as revenue for the compensation fund. (3) The economic plan shall be in balance in revenue and expenditure. (4) Expenditure shall be mutually exclusive. (5) The expenditure shall be transferable. Unofficial table of contents

Section 39 Determination of the economic plan

The Federal Ministry of Labour and Social Affairs, in consultation with the Federal Ministry of Finance and in agreement with the Advisory Council on the Participation of Disabled People (Advisory Council), establishes the economic plan. § 1 of the Federal Budget Code shall not apply. Unofficial table of contents

Section 40 Implementation of the economic plan

(1) In the case of the allocation of the funds of the compensation fund, the general secondary provisions applicable in each case are to be used for federal grants. They may be dismissed in agreement with the Federal Ministry of Finance. (2) Obligations which result in expenditure in subsequent years may be entered into only if the financing of the expenditure resulting from the rise in compensatory levy (3) Exceedances of the output estimates shall be permitted only if:
1.
there is an unforeseen and unpredictable need for this, and
2.
the corresponding revenue increases are available.
Non-scheduled expenditure shall be permitted only if:
1.
there is an unforeseen and unpredictable need for this, and
2.
Amounts in the same amount are saved for other output estimates or corresponding revenue increases are present.
The decision is taken by the Federal Ministry of Labour and Social Affairs in consultation with the Federal Ministry of Finance and in agreement with the Advisory Board. (4) Until the intended use is made, the issuing funds are to be invested in interest.

2. Subsection
Promotion of the participation of severely disabled people in the working life of the compensation fund

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§ 41 Use

(1) The funds from the compensation fund shall be used for:
1.
Allocations to the Federal Employment Agency for the special promotion of the participation of severely disabled people in the working life, in particular by means of integration grants and grants for training allowances under the Third Book of Social Security, and the annual rate of 16 per cent of the volume of countervailing charge from 2009,
2.
temporary national programmes to reduce the unemployment of severely disabled persons, special groups of severely disabled persons (§ 72 of the ninth book of the Social Code) or severely disabled women, and to promote the Provision of training places for severely disabled people,
3.
Entities referred to in Article 30 (1) (1) to (3) insofar as they serve the interests of several countries; institutions shall serve the interests of several countries even if they form part of a concerted plan which provides for a transnational network of such countries -has the object of:
4.
Supraregional model projects for the further development of the promotion of the participation of severely disabled persons in the working life, in particular through occupational integration management, and the promotion of the training of severely disabled young people,
5.
the development of technical work aids and
6.
Education, training and research activities in the field of the participation of severely disabled people in working life, provided that these measures are of paramount importance.
(2) The funds of the compensation fund shall be used as a priority for the integration of severely disabled persons into the general labour market. (3) The compensation fund may be involved in the promotion of research and model projects through the Integration offices in accordance with § 14 (1) no. 4, if these projects can also be of importance to other countries or the federal government. (4) § § 31 to 34 shall apply accordingly.

3. Subsection
Procedure for the allocation of funds from the compensation fund

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Section 42 Registration procedures and applications

Benefits from the compensation fund shall be requested by the institution of the measure in writing at the Federal Ministry of Labour and Social Affairs, in the cases of § 41 (1) no. 3 after prior consultation with the country in which the integration operation or the The Integration Department or the institution shall have or have its seat. The Federal Ministry of Labour and Social Affairs shall forward the applications with its opinion to the Advisory Board. Unofficial table of contents

Section 43 Executive right of the Advisory Board

(1) The Advisory Council shall deliver its opinion on the applications. The opinion shall contain a proposal as to whether, in what manner and in what conditions and under what conditions and conditions, the compensation fund should be awarded. (2) The Advisory Council may be independent of the existence or modification of a in writing, propose projects for funding. Unofficial table of contents

Section 44 Decision

(1) The Federal Ministry of Labour and Social Affairs decides on the applications on the basis of the proposals of the Advisory Board by written notice. (2) The Advisory Board shall be informed of the decision taken. Unofficial table of contents

Section 45 Projects of the Federal Ministry of Labour and Social Affairs

§ § 43 and 44 apply accordingly for projects of the Federal Ministry of Labour and Social Affairs, which are to be forwarded to the Advisory Board for their opinion.

Fourth Section
Final provisions

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Section 46 Transitional arrangements

(1) By way of derogation from Section 36, the Integration Offices shall be responsible for:
1.
on 30 June 2005, 30 from the hundred of the compensatory amounts received during the period from 1 January 2005 to 31 May 2005, and 45 from the hundreds of compensatory amounts for the calendar year 2003 to the compensation fund, which shall be subject to the following: In accordance with Article 36 (2), in the version in force until 31 December 2004, account shall be taken of the payments made,
2.
up to the end of the year in which the promotion by investment grants of the projects proposed by the Advisory Council on the Participation of Disabled People and approved by the Member States until 30 June 2006 for work and housing for disabled persons In addition to the number 1 in 2005 and in addition to 4 of the hundreds of compensatory amounts paid to the compensation fund in 2005, people and blind workshops will be further reduced by the amount which the compensation fund will end up in 2005. Institution of the Integration Offices in coordination with the Federal Ministry of Labour and To grant social support for the projects mentioned above.
(2) By way of derogation from § 41
1.
In 2004, grants are made to the Federal Employment Agency for the promotion of integration services and
2.
at least the funds transferred to the compensation fund referred to in paragraph 1 (2) for the promotion of bodies referred to in Article 30 (1) sentence 1 (4) to (6).
(3) By way of derogation from § 41, funds of the compensation fund may be used to promote integration operations and departments in accordance with Chapter 11 of Part 2 of the Ninth Book Social Code, which are not carried out by public employers in the sense of the § § § 71 (3) of the Ninth Book Social Code, to the extent that the funding has been granted until 31 December 2003, and for the promotion of institutions pursuant to Article 30 (1), first sentence, No. 4 to 6, in so far as benefits are considered to be interest-rate subsidies or Grants to cover rental or rent interest for up to 31 December 2004 Projects are provided. Unofficial table of contents

Section 47 Entry into force, external force

This Regulation shall enter into force on the day after the date of delivery.