Anti-D Help Act
| Basic data | |
|---|---|
| Title: | Law on Assistance to People Infected by Anti-D Immunoprophylaxis with the Hepatitis C Virus |
| Short title: | Anti-D Help Act |
| Abbreviation: | AntiDHG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 2172-5 |
| Issued on: | August 2, 2000 ( BGBl. I p. 1270 ) |
| Entry into force on: | January 1, 2000 |
| Last change by: |
Art. 48 G of December 12, 2019 ( Federal Law Gazette I p. 2652, 2717 ) |
| Effective date of the last change: |
January 1, 2024 (Art. 60 G of December 12, 2019) |
| GESTA : | G026 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Anti-D-Hilfegesetz ( AntiDHG ) regulates financial compensation payments for women who were infected with the hepatitis C virus in 1978 and 1979 as a result of anti-D immunoprophylaxis in the GDR that was contaminated with hepatitis C viruses , as well as their infected children and all other infected contact persons living in the household.
history
Some of the approximately 6,800 women affected by the virus infection received recognition and compensation under GDR law. However, this only happened years later, and these benefits were canceled again in the course of reunification, so that the women and infected contact persons only had the option of claiming this cause of damage or damage with consequential damage as vaccination damage according to the Federal Disease Act in conjunction with the Federal Supply Act whose benefits often fell significantly short of the benefits paid in the GDR. It was only after years of protests by those affected that the Anti-D-Aid Act was created in 2000. According to estimates by the federal states, 2,464 applications were recognized; the financial burden on the federal government in 2000 amounted to the equivalent of € 7.1 million for the one-off payment and € 1.6 million for the monthly pensions. The Federal Audit Office criticized in 2002, the implementation of the law and the very inconsistent application of legislation in the individual countries.
Services
The benefits for affected women consist of a one-off payment and a monthly pension, which depend on the individual degree of the consequences of damage recognized by the AntiDHG . The one-time payments were only granted if the application was submitted before December 31, 2000. They are currently:
| GdS | One-time payment | Monthly rent |
|---|---|---|
| 10-20 | 3579 € | - |
| 30th | € 6136 | € 272 |
| 40 | 7669 € | € 434 |
| 50 | € 10226 | 598 € |
| 60 | € 15,339 | € 815 |
| 70 and more | € 15,339 | € 1088 |
The amount of benefits automatically adapts to the pension development in the statutory pension insurance.
If the woman or infected contact person dies from the consequences of the hepatitis C virus infection recognized by the AntiDHG at the time of death, the spouse and children can receive financial aid under certain conditions. The spouse can receive a monthly benefit of € 434 and children a monthly benefit of € 327 for a maximum of 60 months.
One-off payments according to the Anti-D-Aid Act are generally not taken into account in the case of social benefits; the monthly benefits are included in the approval of social benefits, such as B. Housing benefit, half counted. The right to benefits under the Anti-D-Aid Act cannot be attached .
According to Section 7a of the Anti-D-Aid Act, which was added with effect from January 1, 2020, an improvement in the health situation no longer leads to a reduction in the monthly pension; If the monthly pension was set new (lower) from January 1, 2014 to December 31, 2019, an application can be made by June 30, 2020 to retroactively increase it back to the amount last set before January 1, 2014. Anyone who submits this application afterwards will only receive the (again) increased amount from the month in which the application is submitted.
Bearing costs
The cost of the one-off payment is borne by the federal government; the cost of the monthly pension is borne by the state on whose territory the immunoprophylaxis took place. The federal states receive compensation payments from the federal government and the western German states.
Procedural law
The benefits are only granted on application, unless the women concerned have already received compensation in accordance with the Federal Disease Act in conjunction with the Federal Welfare Care Act. If, in individual cases, the benefits under the Anti-D-Aid Act are lower than the benefits previously paid under the Federal Disease Act / BVG, the grant will remain in this amount (preservation of vested rights ).
The supply offices in the countries in which the virus-contaminated anti-D immune prophylaxis was administered are responsible for applications under the Anti-Aid Act; the countries can make different provisions. In disputes under this law, legal recourse to the social courts is given.
Web links
Individual references and sources
- ↑ Eckart Roloff and Karin Henke-Wendt: Anti-D and GDR - massive hepatic cases and even a trial. In: dies .: Damaged instead of healed. Major German medical and pharmaceutical scandals. Hirzel, Stuttgart 2018, pp. 77-92, ISBN 978-3-7776-2763-2
- ↑ Florian Steger , Carolin Wiethoff and Maximilian Schochow: Covered up scandal. The contaminated anti-D prophylaxis in the GDR 1978/1979 and its consequences. Mitteldeutscher Verlag, Halle (Saale) 2017, ISBN 978-3-95462-753-0
- ↑ Stefan Günther: Hepatitis C Vaccine Damage Case: Long Overdue Compensation for Victims , Dtsch Arztebl 2000; 97 (39): A-2517 / B-2149 / C-2013
- ↑ German Bundestag Printed Matter 15/2792
- ↑ Help for those affected by contaminated anti-D prophylaxis (press release). Accessed April 30, 2020 .