Social compensation law

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The social compensation law is a branch of social law in which the compensation for suffered damage and injuries is regulated by the state.


Based on the idea of ​​self-sacrifice , the legislature has created a larger number of compensation facts in the social compensation law , for which the Federal Republic of Germany pays the citizen with a tax-financed pension.

Essentially, this area of ​​law goes back to the provision of war victims ' benefits, which regulates benefits for those who have suffered damage to their health as a result of the effects of the war, as well as for the survivors if the victim has died as a result of the damage. These claims were previously regulated in the law on the care of victims of the Second War of 1950 ( Federal Supply Act ).

In December 2019 the Fourteenth Book of the Social Code (SGB XIV) was issued and included in the Social Code . Some of the regulations created will come into force retrospectively from July 2018, others will come into effect gradually until 2024. The Social Compensation Law was comprehensively revised, including a large number of references in other laws, including: the Soldiers' Welfare Act (SVG), the Civil Service Act (ZDG), the Infection Protection Act (IfSG), the Victims Compensation Act (OEG) for victims of violent acts, the Prisoner Assistance Act (HHG) as well as - for victims of the SED injustice in the former GDR - the Criminal Rehabilitation Act (StrRehaG) and the Administrative Rehabilitation Act (VerwRehaG).

Because of the health and economic consequences of the damage, the injured receive state benefits, which result in detail from SGB XIV and possibly other special laws.

The responsible bodies are the pension offices and state supply offices as state authorities (Sections 111 ff. SGB XIV). However, due to the falling number of war victims and survivors of the Second World War, the tasks can now also be performed by other authorities; Again, this is based on state law.


Social compensation can be described as related to social insurance due to its content and functional orientation - selected by the legislator in Switzerland. Some of the social compensation systems are associated with existing traditional social insurance schemes or supplement them.

The benefits designed according to the supply principle are basically about the targeted closing of existing gaps in social security that are not (cannot) covered by traditional social insurance and are not intended to be covered by social assistance: These social compensation systems complement the overall system of social security in Direction towards increased social coverage of uninsurable risks. The main risks are usually considered to be structural in nature, i.e. H. are not the responsibility of the individual himself. This also gives rise to the reluctance to use social assistance to cushion such risks, which can affect many people. Access to social compensation systems is consistently easier than that to social assistance, even if improvements are definitely possible and desirable in the former.

The military insurance and supplementary benefits to AVS / AI in relation to their specific function to this day, the two most comprehensive social compensation schemes in Switzerland. With the latter, old-age poverty has practically completely disappeared in Switzerland.


Web links

To federal German law
On Swiss law

Individual evidence

  1. Draft bill: Draft of a law regulating social compensation law. Federal Ministry of Labor and Social Affairs, November 20, 2018, p. 3 , accessed on January 15, 2019 .
  2. Law regulating social compensation law of December 12, 2019, Federal Law Gazette I p. 2652 .