Support Residence Act

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Basic data
Title: Support Residence Act
Type: Imperial Law
Scope: North German Confederation ,
German Empire
Legal matter: Social law
Original version from: June 6, 1870
( Federal Law Gazette p. 360)
Entry into force on: July 1, 1871
New announcement from: May 30, 1908
( RGBl. Pp. 380, 381)
Last change by: Art. 1, 2 G of 30 May 1908
(RGBl. P. 377 f., 378)
Effective date of the
last change: 		April 1, 1909
(Art. 3 G of May 30, 1908)
Expiry: April 1, 1924
(§ 29 Regulation of February 13, 1924, RGBl. I p. 100, 105)
Please note the note on the applicable legal version.

The law on support residence in the German Reich regulated the right to support in the event of need .

Basics

The support residence is a term from home law . Until the founding of the North German Confederation in 1867, the right of home in most German states was a prerequisite for exercising important legal powers, especially the right to

  • Branch,
  • Land acquisition,
  • Exercising a trade,
  • Marriage,
  • Establishing your own household,

and the

  • Eligibility for assistance in case of impoverishment.

The acquisition of the home right was handled differently in the German states, so by

  • ancestry
  • Stay of a certain duration
  • Payment of a collection fee or a citizen's fee.

With the establishment of the North German Confederation and the introduction of federal legislation, part of the practical meaning of the law of the home country was withdrawn. With the law on freedom of movement of November 1, 1867 and the law on the lifting of police restrictions on marriage of May 4, 1868, many obstacles were removed that had excluded non-residents from the powers of home law. This new freedom of movement in the area of ​​the North German Confederation also necessitated a new regulation of support in the event of impoverishment through the law on support residence.

Regulations

Support residence

In the law on support residence, the obligation to support people in need was no longer based on the right of home, but on membership of a local poor association , which was referred to as support residence . The support residence was acquired by

  • stay
  • Marriage
  • ancestry

Acquisition through residence

  • When the law was introduced
    • after the age of 24 and a 2-year stay in free self-determination
  • Change with the amendment of March 12, 1894:
    • after the age of 18
  • Change with the amendment of May 30, 1908:
    • after reaching the age of 16 and staying for 1 year

Acquisition by marriage

  • The wife shares the husband's support residence

Acquisition by parentage

  • Children born in wedlock and children who are legally equal to wedlock share the support residence of the father
  • After a divorce, the legitimate and legally equal children share the support residence of the mother if the mother is entitled to bring up the children
  • Illegitimate children have the mother's support residence

loss

The loss of the support residence was mainly due to the acquisition of another support residence and 2 years of uninterrupted absence.

Preliminary support

The provisional support of a person in need was to be granted by the local poor association in which he was when he was in need. This applied to federal citizens as well as foreigners.

Associations for the poor

Local and rural poor associations were set up on the basis of the law to provide support for the needy .

Disputes

The Federal Office for the Homeland was established as the highest authority to settle disputes between poor associations in different states .

introduction

The law was introduced outside of the North German Confederation:

  • 1870 in southern Hesse (entered into force on July 1, 1871)
  • 1871 in Württemberg and Baden (entered into force on January 1, 1873)
  • 1908 in Alsace-Lorraine (entered into force on April 1, 1910)
  • 1909 in Heligoland
  • 1913 in Bavaria (entered into force on January 1, 1916)

Web links

Wikisource: Poverty  - Sources and Full Texts

Individual evidence

  1. ↑ Support Residence Act of June 6, 1870 ( Wikisource )
  2. ↑ According to § 29 of the ordinance on the duty of care of February 13, 1924 ( RGBl. I p. 100) "[however] until the new regulation of the legal procedure [.] Disputes between welfare associations according to the provisions of §§ 37 to 57, § 58 Paragraph 2 [of the] Act ”.
  3. ↑ Brockhaus' Konversationslexikon . 14th edition. Leipzig 1908, Volume 8, p. 965.
  4. ↑ Cf. the first half volume of the collection of sources on the history of German social policy 1867 to 1914 , Section I: From the time of the establishment of the Empire to the Imperial Social Message (1867–1881) , Volume 7: Poor law and freedom of movement , 2 half volumes, edited by Christoph Sachße, Florian Tennstedt and Elmar Roeder. Darmstadt 2000.