Social compensation under the German Social Security Code XIV (Sozialgesetzbuch XIV)

An act of violence is an intentional, unlawful physical assault directed directly against oneself or another person (physical act of violence) or any other intentional, unlawful, serious conduct directed directly against a person’s free will (psychological act of violence).

This also includes sexual offenses, human trafficking, stalking, hostage-taking, and extortion.

The following are also considered physical assaults:

• the intentional administration of poison,
• the failure of the violent act to achieve its intended target, such that it affects a person other than the one against whom it was directed,
• an attack committed under the mistaken belief that a justifying ground exists,
• the at least negligent creation of a danger to the life or limb of another through a crime committed using means dangerous to the public,
• serious neglect of children, and
• the production, distribution, and public dissemination of child pornography

Exception: If the violent act was a terrorist attack, an application for hardship benefits for victims of extremist/terrorist crimes may be submitted to the Federal Office of Justice.

In addition to individuals who have been directly harmed by an act of violence, relatives, surviving dependents, and close associates of the victims may also receive benefits.

Directly Affected Individuals: Individuals who have suffered physical harm as a result of an intentional, unlawful physical attack or while defending themselves against such an attack. This also includes individuals who suffer so-called “shock-related injury” as a result of witnessing the crime.

Relatives: Relatives of victims who were not present at the time of the crime but have a close personal or familial relationship with the injured person.

Surviving dependents: If the injured person dies, certain close relatives are entitled to survivor benefits regardless of their own injuries.

Close associates: This term refers to people who have a particularly close relationship with the injured person,  e.g., people who live with the  injured person in a long-term cohabitation similar to a marriage or registered partnership.

In cases of domestic violence, a monthly compensation payment is provided for all resulting physical and mental health impairments. In addition, benefits are also available to address the financial consequences of these health impairments.

These include, in particular:

• medical and dental treatment
• hospital treatment
• psychotherapy
• medical rehabilitation services
• Provision of assistive devices (e.g., prostheses, dentures, wheelchairs)
• Benefits to facilitate participation in working life, education, and social activities
• Special benefits in individual cases
• Compensation for loss of earning capacity
• Funeral and death benefits
• Compensation for hardship

Compensation benefits are also available for acts of violence suffered abroad, though to a lesser extent.

The application for compensation can be submitted as follows:

• informally, or
• using forms provided by the state compensation authorities, or
• using the standard federal application form

In the case of a violent crime committed within Germany, victims may submit their application to the compensation authority of the state in which the crime occurred.

If the violent act occurred abroad, the benefits authority of the federal state in which the affected persons reside is responsible.

In principle, an application for social compensation can also be submitted to any other social welfare agency, which will then forward it to the competent authority. However, submitting the application directly to the competent authority avoids delays caused by the forwarding of the application or because jurisdiction still needs to be clarified.

There is no deadline for filing a claim. However, benefits are generally provided only from the date the claim is filed.

It is not necessary to wait for the outcome of a preliminary investigation or criminal proceeding before submitting the application.

If the application is submitted within one year of the injury (or one year after the end of the impediment, if the person was prevented from submitting the application through no fault of their own), benefits must also be granted for the period prior to the submission of the application.

After the application is submitted, an assessment is made to determine whether the facts justifying entitlement to benefits under social compensation law are present.  In some cases, it is difficult to prove that the violent act was the primary cause of the illness. This is often done through medical or psychological evaluations. Additionally, there must be no grounds for denial; that is, the victim must actively cooperate with the investigation of the crime and must not have contributed to the crime.

The processing time for an application depends on the individual case.

To protect people who have been victims of violent crimes in other European countries, the EU Directive 2004/80/EC on compensation to victims of crime in cross-border cases was adopted in 2004. It requires all Member States of the European Union to establish fair and adequate national compensation schemes for individuals who have been victims of a violent crime on their territory.

The German Support Authority at the Federal Ministry of Labor and Social Affairs assists affected individuals in asserting their claims for compensation in the European Member State where they were harmed.

Its tasks include, in particular,

• providing victims with information about their options for applying for compensation abroad. This includes, among other things, guidance on the local application process, application deadlines, eligibility requirements, and the supporting documents that must be attached to the application,
• providing application forms from the countries where the harm occurred,
• identifying the competent authority in the country where the damage occurred that will decide on the compensation claim,
• forwarding the compensation application and the supporting documents submitted to that authority,
• translating documents and correspondence into the respective national language free of charge,
• monitoring the progress of the compensation proceedings and keeping those affected informed of the current status.

EU member states decide on applications solely in accordance with their national laws. However, in most member states, the statutory compensation schemes are not as comprehensive as those in Germany.

The German Support Authority has no influence over either the proceedings or the decision.

Address of the German Support Authority:

German Support Authority
Federal Office for Social Compensation (BfSE) within the Federal Social Security Office
Friedrich-Ebert-Allee 38
53113 Bonn
Phone: +49 228 619 1300
Email: dub@bas.bund.de
Website: https://www.bundesamtsozialesicherung.de/en/federal-office-for-social-security/about-the-federal-office-for-social-security/

Further information and a contact form for the Support Authority can also be found at: https://www.bundesamtsozialesicherung.de/de/bundesstelle-fuer-soziale-entschaedigung/deutsche-unterstuetzungsbehoerde/

For welfare reasons, SGB XIV also provides benefits for German citizens and people living in Germany who become victims of a violent crime abroad and suffer health damage as a result, as well as for their relatives and surviving dependents. These benefits are more limited than the standard benefits under SGB XIV. Anyone living in Germany who becomes a victim of a violent crime while on a temporary stay abroad (max. 6 months, max. 1 year for educational stays) is eligible to receive the following under SGB XIV:

• Emergency assistance benefits provided within Germany
• Medical treatment benefits, which are generally also provided within Germany
• A lump-sum payment of between 2,600 and 28,600 euros.

A stay abroad is considered temporary if it is intended to last less than six months, or no more than one year in the case of school attendance or university studies. Surviving dependents receive a lump-sum payment of between 2,600 and 7,800 euros.   Benefits from other social security and pension systems are offset against the amounts mentioned. Relatives and surviving dependents are also entitled to emergency assistance benefits provided within Germany. In addition, repatriation and funeral costs are reimbursed.

Even individuals who are not German citizens have the same entitlement to benefits under SGB XIV as German citizens. This applies to both EU citizens and citizens of third countries, even if they have only been in Germany for a short time. Residency status and the length of stay in Germany do not affect the type or scope of benefits.

If a person is injured in an attack on a German ship or aircraft, the same rules apply as for an injury sustained in Germany. Foreign ships in German territorial waters, on German rivers, or in German ports are also considered to be within the country for the purposes of the law, just as aircraft and motor vehicles located within the territory of the Federal Republic of Germany.