Compensation payment should be distinguished from the "commandant's" payment to German late resettlers under §4 BVFG in the amount of 2,046 or 3,068 euros (Pauschale Eingliederungshilfe). "Commandant's" payments are compensation for living under conditions of restricted freedom in a special settlement. "Commandant's" payments are made only to Germans with the status of late resettler (§4 BVFG) after resettlement to Germany. Late resettlers born in 1953-54 in a special settlement for exiled Germans are also entitled to the "commandant's" payment.
The new compensation payment (Anerkennungsleistung an ehemalige deutsche Zwangsarbeiter) is intended for all Germans and/or German citizens who were forced to work for foreign authorities during the specified period. One can discuss the group of recipients meeting the criterion of "forced worker of German ethnicity." In any case, Russian Germans under §4 BVFG, German citizens, and Russian Germans from the CIS without resettlement status (if other conditions are met and they are recognized as persons of German ethnicity) are entitled to the one-time compensation.
As eligible recipients, I would like to specifically mention Russian Germans living in the CIS who once received an admission decision under §4 BVFG but have not yet availed themselves of this decision.
Receipt of the "commandant's" payment does not preclude receipt of the one-time compensation for forced labor. The deadline for submitting an application for compensation ends on December 31, 2017. Applications should be submitted to: Bundesverwaltungsamt, Außenstelle Hamm, Alter Uentroper Weg 2, 59071 Hamm. This address is given in the guidelines regulating the modalities of payment. I recommend that interested parties send their applications to this address, and not just to any branch of the Federal Administrative Office.
Applicants with permanent residence outside Germany may submit an application for payment to the address in Hamm, as well as to the address of the Embassy of the Federal Republic of Germany in their country. The application must be registered at the German embassy no later than December 31, 2017. The application is submitted on a special official form, which can be downloaded from the internet on the electronic pages of the Federal Administrative Office: http://www.bva.bund.de/ Inquiries can be made by phone at 0228-993 58 98 00. Written requests in electronic form should be sent to: [email protected]
The right to receive payment is held by living former forced workers of German ethnicity. Eligible recipients include persons who died between November 27, 2015 and December 31, 2017. Applications for payment on behalf of deceased persons are submitted by their heirs and descendants. I do not wish to enter into legal explanations about the difference between the concepts of heir and descendant. I advise, to be safe, to submit an application and deal with the authority on the merits of the case if you believe you are entitled to claim compensation on behalf of a deceased relative.
Family members of the deceased are considered to be the spouse, children, grandchildren, and other relatives. If the applicant dies after submitting the application, his or her circle should notify the Federal Administrative Office of the applicant's death. The surviving spouse, children, or other heirs must report the death of the applicant and their entry into inheritance rights by December 31, 2017. Failure to report the death of the applicant results in loss of the right to inherit the compensation.
The guidelines on payment rules cover all persons of German ethnicity forced to work between 1939 and 1956 by order of foreign authorities. This concerns a significant group of persons: former imperial citizens deported to work in the USSR and Eastern Bloc countries after 1945. Soviet citizens of German ethnicity who worked in the Labor Army and in special settlements. Germans from Eastern European countries who worked under compulsion by the governments of those countries. German citizens who worked under compulsion by foreign authorities in the occupation zones in Germany.
Applicants must prove their belonging to the German people. Reliable proof is considered to be German citizenship during the period of forced labor or recognition as a German late resettler within the meaning of §4 BVFG. It is also important to prove the forced labor itself by order of foreign authorities.
In many cases, this proof is not easy, because the Labor Army was not previously counted towards work experience and the period of work in the Labor Army was not entered in the work record book. Primary evidence includes certificates of being in the Labor Army, in a special settlement, or working in agriculture while in a special settlement. It is possible to provide evidence through witnesses or one's own credible descriptions of participation in forced labor.
Of course, a wide variety of life situations and borderline cases are conceivable. Those who believe they are entitled to compensation should submit an application for payment in a timely manner. Latecomers will receive nothing, even if they meet all conditions for payment. The Federal Administrative Office has the right to reject an application for payment if it considers the application unfounded and/or implausible.
What to do in case of rejection of the application by the Federal Administrative Office? The rejection is an administrative act and can be challenged in the manner prescribed by law. An objection to the rejection is filed with the Federal Administrative Office. A rejection of the objection can be appealed in the competent administrative court.
Thomas PUE,
German lawyer.