Law on the Administrative Procedure for War Victims Care

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Basic data
Title: Law on the Administrative Procedure for War Victims Care
Short title: War Victims Administrative Procedure Act
Abbreviation: KOVVfG, KriegsopfVwVfG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Social law , administrative law
References : 833-1
Original version from: May 2, 1955 ( BGBl. I p. 202 )
Entry into force on: April 1, 1955
Last revision from: May 6, 1976 ( BGBl. I p. 1169 )
Entry into force of the
new version on:
January 1, 1976
Last change by: Art. 156 G of March 29, 2017
( Federal Law Gazette I p. 626, 650 )
Effective date of the
last change:
April 5, 2017
(Art. 183 G of March 29, 2017)
GESTA : B082
Please note the note on the applicable legal version.

In addition to SGB ​​I and SGB ​​X, the Act on the Administrative Procedure for War Victims 'Provisioning regulates the administrative procedure for war victims' provision as well as - by express reference in Section 152 SGB ​​IX - the law for severely disabled people .

The law is hardly of practical relevance today because of the transfer of most procedural regulations into SGB ​​X , most of the paragraphs have been repealed. The regulations on the local jurisdiction of the pension offices as well as the facilitation of evidence in damage cases regulated in § 15 are still of essential importance .

The foreign jurisdiction ordinance issued on the basis of Section 3 (5) KOVVfG regulates the local jurisdiction of the pension offices when implementing the Federal Pension Act for persons who have their domicile or habitual abode outside the scope of the Basic Law .

Section 15 of the KOVVfG reduces the standard of evidence in proceedings for compensation for war victims to prima facie evidence, provided that no further evidence is available. The provision was intended to meet the need for evidence in which war victims found themselves because documents were destroyed as a result of the war or could not be obtained due to displacement and flight. According to the jurisprudence of the Federal Social Court , the provision is also applicable to care for victims of violence if there are no direct witnesses or if all witnesses can invoke a right to refuse to testify (particularly in the case of domestic violence).

Web links

Individual evidence

  1. BSG, judgment of April 17, 2013, AZ B 9 V 1/12 R