Law on the Administrative Procedure for War Victims Care
| 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relevance today because of the transfer of most procedural regulations into SGB X , most of the paragraphs have been repealed.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
- KOVVfG - law in full text
Individual evidence
- ↑ BSG, judgment of April 17, 2013, AZ B 9 V 1/12 R
