Support Completion Act

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Basic data
Title: Law on the conclusion of support for citizens of the former German Democratic Republic in the event of damage to health as a result of medical measures
Short title: Support Completion Act
Abbreviation: UntAbschlG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Social law
References : X-23-1
Issued on: May 6, 1994
( BGBl. I p. 990 )
Entry into force on: January 1, 1991
Last change by: Art. 4 G of December 12, 2019
( Federal Law Gazette I p. 2652, 2691 )
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 Support Compensation Act ( UntAbschlG ) finally regulates the continued validity of compensation payments made by the GDR after reunification.

meaning

In contrast to Federal German law, where compensation payments for malpractice must always be sued in the civil courts and this presupposes the fault of the attending physician, GDR law provided, under certain conditions, no-fault state compensation payments for damage to health as a result of treatment errors. The basis for this was the order on the expansion of material support of December 12, 1974, last changed by the order on the extension of material support for citizens in the event of damage as a result of medical interventions of January 28, 1987.

The old GDR law continued to apply for the time being due to the unification treaty for damage before reunification. After reunification, there were some voices who wanted GDR law to be extended to the entire Federal Republic. The legislature decided against it and created a regulation to transfer the old GDR law into today's law with the support conclusion law.

Eligible

Eligible are persons who had their place of residence or permanent abode in the Federal Republic of Germany and who suffered damage to their health in the accession area before October 3, 1990 for one of the following reasons:

  • a medical procedure whose chances of success were grossly disproportionate to the risk of damage to health. Medical interventions are not only surgical interventions, but also all other diagnostic measures, as well as physiotherapy and radiological examinations.
  • a side effect as a result of the intended use of medically prescribed drugs that were not known or could not be foreseen according to the state of medicine at the time
  • Damage due to a "medical product" (e.g. cardiac pacemaker) which, according to the state of the art of medicine at the time, was not known or could not be foreseen or is based on technical failure

For the application deadline, the old deadlines of GDR law initially continued to apply. According to GDR law, the application had to be submitted within four years of the implementation of the medical measure. If the damage to health only became known after this period had expired, an extended period of ten years applied. Finally, Section 7 of the Support Completion Act sets an absolute application deadline of up to one year after the law has been promulgated, i.e. 18 May 1995 at the latest.

A prerequisite for a claim is that the injured party does not have a claim for damages under civil law.

The pension offices are responsible for applications. In disputes under this law, legal recourse to the social courts is given.

Services

The support consists of ongoing and one-off payments. Current payments require a certain degree of damage consequences (GdS), the assessment of which is based on Section 30 (1) of the Federal Supply Act.

If injured parties have suffered a GdS of at least 50 and were of legal age when the law came into force, they are entitled to ongoing compensation for loss of income based on the Ordinance on Occupational Damage Compensation . Up to June 30, 2011, the amount of the respective comparison income was reduced by 20% due to the lower purchasing power in the former GDR, but since then it has been adjusted annually to the development of pensions in the statutory pension insurance ( Section 10 UntAbschlG).

If later damage (so-called subsequent damage) leads to a further reduction in income, the average income of the occupational group of the injured party is used instead of the current income. When you reach retirement age, the benefits are automatically reduced by 25 percent.

If an injured party acquires a right to a disability pension under GDR law, he receives benefits in the amount of the basic pension under the Federal Pension Act for a GdS of 50 (regardless of the actual GdS). Victims who do not come of age until after December 1, 1996 and who are unable to work or are permanently fully disabled within the meaning of the federal German pension law will instead receive a one-off settlement amounting to 100 times the basic pension.

If you are helpless (mark H) you are entitled to a care allowance . If inpatient accommodation in a home is necessary, the costs of the accommodation will be covered in full.

Current benefits are paid retrospectively from January 1, 1991, with payments already made being offset on the basis of GDR law.

In addition, victims receive a one-off payment according to their GdS. The amount is based on Section 5 UntAbschlG.

Section 6 UntAbschlG standardizes hardship cases, especially for cases in which the new law leads to financial deterioration or even a complete loss of benefits.

literature

Web links

Individual evidence

  1. ↑ so in the official amendment order from Art. 5 G of December 12, 2019 ( Federal Law Gazette I p. 2652, 2691 )
  2. ↑ AO-EmU 1974, GBl. I No. 3 p. 59
  3. ↑ AO-EmU 1987, Gazette I No. 4 p. 34
  4. ↑ Burkhard Madea: Cases of medical damage and patient safety: frequency - assessment - prophylaxis. Deutscher Ärzteverlag, Cologne 2007. p. 235
  5. ^ Federal Social Court, judgment of July 17, 2008, AZ B 9 / 9a VM 1/06 R