Book fourteenth of the Social Code
| Basic data | |
|---|---|
| Title: | Social Code Book Fourteenth - Social Compensation - |
| Short title: | Book fourteenth of the Social Code |
| Abbreviation: | SGB XIV |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 860-14 |
| Issued on: | December 12, 2019 (Art. 1 G of December 12, 2019, Federal Law Gazette I p. 2652 ) |
| Entry into force on: | Sections 38, 40, 91, 109, 113 (6) on December 20, 2019; §§ 2, 31–37, 111–112, 115–116, 138 para. 7 on January 1, 2021; otherwise on 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 Social Code Book Fourteenth Book (abbr .: SGB XIV ) was enacted as Article 1 of the law regulating social compensation law. It will gradually regulate the law of social compensation in Germany by January 1, 2024 . At this point, in particular, the Federal Supply Act (BVG) and the Victims Compensation Act (OEG) will be repealed. With retroactive effect from July 1, 2018, individual changes in the BVG and OEG regarding higher orphan's pensions, transport and funeral costs and the equal treatment of domestic and foreign victims of violence came into force.
history
The currently applicable social compensation law is based on the Federal Pension Act from 1950, which was created for war victims, their relatives and survivors. More than 70 years after the end of the war, it is considered obsolete. The new SGB XIV, on the other hand, is to be geared towards the needs of victims of acts of violence and terrorism and to replace the Federal Supply Act and the Victims Compensation Act . The attack on the Berlin Christmas market at the Memorial Church in December 2016 is considered to be the trigger for the new regulation of social compensation law planned by SGB XIV .
The original draft for the law provided for it to be passed under the name Book Thirteenth of the Social Security Code . However, the lead Federal Ministry of Labor and Social Affairs then decided to avoid the thirteen in the legal title. This decision has been criticized as "consideration for superstition". One did not want to violate the " esotericism of individuals" by continuously numbering the law.
Regulations
SGB XIV is intended to regulate the claims of persons who have suffered direct damage to health through certain harmful events. Relatives, surviving dependents and other persons who are close or closely related to the injured party should also be potentially entitled ( Section 2 Paragraphs 1 and 2 SGB XIV).
According to § 1 Paragraph 2, §§ 14, 15 SGB XIV, harmful events within the meaning of the law are :
- physical violence
- psychological acts of violence (e.g. stalking )
- intentional poisoning
- significant neglect of children
- War effects of both world wars
- Vaccinations or other specific prophylaxis measures that have caused damage to health
Services, benefits in kind and cash benefits can be considered as social compensation benefits ( Section 26 (1) SGB XIV). If people suffer permanent damage, the law provides for monthly compensation payments of up to 2000 euros ( Section 83 (1) SGB XIV).
literature
- Ulrich Becker: Social Compensation Law. Existence, principles, reorganization . 1st edition. Baden-Baden 2018, ISBN 978-3-8452-9068-3 , doi : 10.5771 / 9783845290683 .
- Dirk H. Dau : The long way from RVG to the new social compensation law - your legal construction and legal construction errors . In: Current Social Law . Special issue, 2017, p. 1–5 ( nomos.de [PDF; 94 kB ; accessed on February 2, 2019]).
- Andreas Kranig: Reorganization of the social compensation law - merging with the statutory accident insurance . In: The social justice . No. 2 , 2019, p. 65-76 .
- Svenja Nielsson: The future of social compensation law? In: The social justice . No. 7 , 2017, p. 378-388 .
Web links
- Social Code Book Fourteenth - Social Compensation - (SGB XIV)
- Law regulating social compensation law : legislative procedure, process flow in the DIP
Individual evidence
- ↑ Draft bill: Draft of a law regulating social compensation law. (PDF) Federal Ministry of Labor and Social Affairs, November 20, 2018, p. 3 , accessed on January 15, 2019 .
- ^ Dpa: New Social Code: Why Labor Minister Hubertus Heil skips 13. In: Berliner Morgenpost. January 11, 2019, accessed January 14, 2019 .
- ↑ Stefan Schmitt: It won't be fourteen! Hubertus Heil avoids the 13. This stupidity is bigger than it seems . In: The time . No. 4 , January 17, 2019, p. 31 ( zeit.de ).
