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Introduction

Within the framework of the endeavours of the Republic of Austria to compensate victims of the National Socialist regime in occupied Austria between 1938 and 1945, who have suffered from racial, political or religious persecution or who were forced to leave Austria, the Austrian Federal Government has in recent years opened the following channels:

The National Fund for the victims of National Socialism was established in 1995 by Federal Law within the administration of the Austrian Parliament and pays out a symbolic amount of money to victims of National Socialism.

The Fund also supports projects which are related to the Nazi era and Austria. More detailed information and application forms can be accessed on the website of the National Fund. There is no deadline for applications.

The law for the establishment of the General Settlement Fund for Victims of National Socialism was adopted at the beginning of the year 2001 by the Austrian Parliament. The Fund is endowed with an amount of USD 210 million, provided by the Republic of Austria and Austrian companies.

On 13 December 2005, shortly after the last remaining lawsuit in the USA of relevance to the General Settlement Fund was dismissed, the Austrian government officially declared legal peace and the Fund can now make (advance) payments.

While the general filing deadline has expired, the deadline for claims for in rem restitution of real estate has been extended to 31 December 2006.

For more information please see

In October 1996, artworks that had been seized by the National Socialists and whose former owners could not be identified, were sold on behalf of the Federation of Jewish Communities in Austria at the so-called Mauerbach Benefit Sale. In compliance with Austrian legislation, 88% of the net proceeds are being used by the Federation of Jewish Communities in Austria to benefit needy Jewish survivors of the Holocaust in and from Austria. Eligible to apply are Jewish survivors of the Holocaust in and from Austria whose annual income does not exceed U$16,000.

Applications should be sent to the offices of the Mauerbach Fund, c/o Jewish Community of Vienna, Desider Friedmann-Platz 1, A-1010 Vienna, Austria, tel. +43-1-53104 ext. 201, fax +43-1-53104 ext. 219, e-mail: anlaufstelle@ikg-wien.at.

On 29 April 1999, the Vienna City Council decided that art and cultural items that had been acquired during the Nazi era by the city’s museums, libraries, archives and collections through purchase or donation and that were considered to have been obtained by questionable means (theft, confiscation, expropriation) were to be returned to their original owners or their legal successors.

Please follow the link for more information.

Re-establishment of Austrian citizenship according to section 58 c of Austrian Nationality Act.

All individuals who were forced to leave Austria as Austrian citizens before 9 May 1945 because they had to fear persecution by bodies of the NSDAP or the authorities of the Third Reich or who have suffered such persecution or were persecuted because of their defence of the democratic Republic of Austria may re-establish their Austrian citizenship by declaration (see form below).

The declaration should be accompanied by the following documentation (originals or certified copies):

• Birth certificate
• Marriage certificate
• Proof of legal change of name (if applicable)
• Proof of academic degree (if applicable)
• Valid passport (copies of relevant pages)
• Proof of Austrian citizenship at the time of emigration (e.g. by Heimatschein, Heimatrollenauszug, old passport)
• Australian Naturalization document
• Proof of date of emigration from Austria
• Police Clearance Certificate (issued by the authorities of the country of residence - must not be older than three months)

If not all of these documents can be submitted, the competent authorities in Austria will assist to procure or verify the relevant data with the help of archives and records. The notification and administration procedure for regaining the Austrian citizenship are free of most charges.

The notification can be sent to the Austrian Embassy, which will then forward it to the competent Austrian authorities.

To find out if re-gaining Austrian citizenship will have an effect on your Australian citizenship please contact the Australian authorities.

When the competent provincial authorities declare the re-establishment of Austrian citizenship, a certificate of citizenship can be issued upone application. Further, the recipient is entitled to apply for an Austrian passport and will have the possibility to participate in Austrian elections.

The Government of Austria provides social benefits for victims of National Socialism through the Victims Assistance Act (Opferfürsorgegesetz). For further information regarding benefits under this Act please contact:

Amt der Wiener Landesregierung
Magistratsabteilung 15
Referat Opferfürsorge
Schottenring 24, A-1010 Vienna
Tel: (+43 1) 531 14-85 371 or 85372
Fax: (+43 1) 531 14-99-85 371
Email: post(at)m15.magwien.gv.at

• No requirement of citizenship for pensions under Section 11 of the Victims Assistance Act Persons who were refused an official certificate (Amtsbescheinigung) based on damage according to the Victims Assistance Act exclusively for lack of Austrian citizenship after April 27, 1945 will be entitled to a pension according to § 11 of the Victims Assistance Act. ·
• Abolition of the 6 years’ age limit in Section 1 (2) lit. f of the Victims Assistance Act (forced emigration) The group of entitled persons under the Victims Assistance Act will be enlarged. The minimum requirement of 6 years of age of applicants at the time of forced emigration on political grounds, on grounds of race, origin, religion or nationality will be abolished. Such emigration has to have lasted at least three and a half years.

Amendments to the Austrian General Social Security Act (Sozialversicherungsgesetz) provide the following improvements:

• Extension of the preferential right to retroactively purchase pension rights for persons who were born between January 1, 1933 and March 12, 1938.
  
  Persons who were born between January 1, 1933 and March 12, 1938 and had their domicile on the territory of the Republic of Austria on March 12, 1938 may-under the other requirements of § 502 of the General Social Security Act-pay contributions to the pension system for the time of emigration at a preferential rate. Contributions may also be paid retroactively for the time after 31 March 1959, for a maximum of 180 months altogether.

For further information concerning pension rights under the General Social Security Act and Pflegegeld (nursing allowance) you may, inter alia, contact:

Pensionsversicherungsanstalt
Friedrich-Hillegeist-Straße 1
A-1021 Wien
Tel: (+43 1) 503 030
Fax: (+43 1) 50303 288850
Email: pva-lsw(at)pva.sozvers.at

• Disbursement of Pflegegeld (nursing allowance) up to category 7 to victims of National Socialism living abroad.
  
  Persons who emigrated between March 4, 1933 and May 9, 1945 on political grounds, on grounds of religion or origin and who live abroad as a consequence of such emigration will - under the requirements of the Federal Law on Nursing Allowance - be entitled to a monthly benefit corresponding to the respective amount of Pflegegeld (nursing allowance). A medical examination is required. Applications for Pflegegeld should be made to the Pensionsversicherungsanstalt (see above).
  
  Please note, that Pflegegeld is exempt income according to Australia's income test and as such not subject to taxation.

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