SED-Haftopfer; Beantragung einer Kapitalentschädigung und besonderen Zuwendung

Persons who were deprived of their liberty in the former GDR in a manner incompatible with the fundamental principles of a free constitutional order can apply for capital compensation and a special allowance.

Persons who were deprived of their liberty in the former GDR in a manner incompatible with the fundamental principles of a free constitutional order shall receive capital compensation of EUR 306.78 for each commenced calendar month of deprivation of liberty. Compensation payments made on the basis of the same facts under other statutory provisions, in particular under the Prisoner Assistance Act, shall be offset against this capital compensation.

Persons entitled to capital compensation also receive a special monthly allowance (SED victims' pension, SED victims' pension) if they were deprived of their liberty for at least 90 days in the former GDR in violation of the fundamental principles of a free constitutional order and there are no grounds for exclusion. The deprivation of liberty contrary to the rule of law must be proven by a court rehabilitation certificate and/or a certificate in accordance with Section 10 (4) of the Prisoner Assistance Act.

The special monthly allowance amounts to EUR 330. It is only granted if the beneficiary's income does not exceed the prescribed income limit (see: Requirements). All pensions and benefits as well as child benefit are not taken into account when calculating income. Taxes paid, compulsory social security contributions, any childcare costs and the necessary expenses associated with earning the income (income-related expenses) must be deducted from the income to be taken into account. The income of the spouse is not taken into account. If the income limit is not exceeded by more than EUR 330, the beneficiary will receive the special allowance in the amount of the difference between the excess amount and the full benefit of EUR 330, rounded to full euros.

Payment is made from the month following receipt of the application. Entitled persons receive the benefit for life if the income requirements are met. The entitlement to SED victim's pension is non-seizable, non-transferable and non-inheritable (e.g. to spouses or children).

• Proof of deprivation of liberty
• judicial rehabilitation certificate or a certificate pursuant to Section 10(4) of the Prisoner Assistance Act
• Proof of income

The prerequisite for payment of the capital compensation is a court certificate of rehabilitation or a certificate pursuant to Section 10 (4) of the Prisoners' Aid Act.

The prerequisite for payment of the special monthly allowance is an impairment of the economic situation. This is the case if the income of single persons currently does not exceed the amount of EUR 1,506 (as of January 1, 2023) and of married or cohabiting persons the amount of EUR 2,008 (as of January 1, 2023). The income limit is increased by EUR 502 (as of January 1, 2023) for each child for whom there is an entitlement to child benefit under the Income Tax Act or the Federal Child Benefit Act.

The special monthly allowance does not require a specific age.

You must submit the application with the required documents to the government of Middle Franconia.

The government will check whether the requirements are met and send you a corresponding notification.

The application for a capital allowance can be submitted for an unlimited period.

There is also no application deadline for the special monthly allowance.

The special monthly allowance is only granted in the month following the application.

(Optional) appeal procedure