Compensation for Holocaust Survivors? From now on, ghetto veterans in Romania are eligible

New recognition of the German government, obtained after negotiations conducted by the Ministry of Social Equality led by Minister Gila Gamliel, also promises compensation and allowances for Holocaust survivors from Romania, who have not yet been recognized as eligible for compensation

Those who have experienced the horrors of World War II in Romania have not yet been recognized as eligible to receive monthly rewards (Photo Archive: AP)

Holocaust survivor with number on hand (Photo: AP)

On Thursday, July 18, 2019, after months of negotiations, the Ministry of Social Equality headed by Minister Gamlael revealed that the German government would recognize Holocaust survivors who were living or working in 20 open ghettos in Romania and would pay them retroactive and future compensation.

Open ghettos, as defined by Yad Vashem, were uninhabited ghettos and the separation of the Jews from the rest of the local population took place through an exit ban only and not through a physical barrier. The Romanian cities in which the ghettos are found in this agreement are: Yash, Glatz, Butoshan, Trego Moresh, Takuch, Fokshan, Roman, Pietra Nyamets, Berald, Bakau, Kryowa, Buzau, Weslowi, Alba Julia, Costanza (where there was some recognition before Therefore), Tregu Niamez, Harlau, Romano Serrat, Steffenst, and Pashkan.

The German government's recognition of the existence of these ghettos, in addition to those previously recognized by it, such as in the city of Cluj, allows for the rights of survivors of persecution during the Second World War (an exception is the city of Constantine, which was previously recognized as a ghetto and yet included in the new list) ). These rights lead to the possibility of substantial retroactive grants, monthly rewards, and increasing monthly payments currently provided.

Rights from the Social Insurance Institute in Germany

The German counterpart to the National Insurance Institute in Israel allows for the receipt of a monthly annuity for working months in the open ghettos recognized in Romania. The amount of the allowance will be determined according to various criteria such as duration of work, level of education and other specific criteria, and it will be given retroactively from 1997 or from the date of entry into retirement, whichever is later.

When it comes to a person who could be recognized but died after June 27, 2002, his widow or heirs can in many cases enter his shoes, even if they never claimed these rights - and got them in their place. Beyond the future payments of the allowance, some of the eligible will receive a lump sum compensation of tens of thousands of euros, according to a retroactive calculation of the allowances they were entitled to until the actual payment date. Eligibility is regardless of the year of emigration, and will also be given to those who receive rewards from the Ministry of Finance or the Claims Conference.

Acknowledgment: Article 2 Fund

The German government's recognition of these open ghettos allows those who have experienced the horrors of World War II in Romania, but have not yet been recognized as eligible, and meet the other criteria set by the Claims Conference, to receive monthly rewards from the Article 2 Fund.

The Jewish People's Material Claims Conference puts this fund, which credits the Holocaust survivors recognized as eligible, with ongoing rewards. These benefits will be supplemented by the Israeli Ministry of Finance, which will guarantee survivors a minimum monthly reward of NIS 2,300, in addition to the promised rewards from the German government.

Jews in Romania during the pogrom in June 1941 (Photo: AP)

Jews in Romania during the pogrom in June 1941 (Photo: AP)

Recognizing and increasing existing rewards

In order to receive recognition from the various bodies and the compensation and allowances that follow, an orderly application must be made to each of the bodies, including the German authorities. The application can be submitted in various ways, including through the central branch of the National Insurance Institute in Jerusalem or directly to the treating authority in Germany.

A lawyer specializing in the field will ensure that the forms are filled in accurately and completely, which must be submitted in German. In addition, the professional escort will ensure full utilization of the rights to the exploit, while missing, inaccurate or incorrect filing may amount to the rejection of the application, or the receipt of a lower allowance than the maximum amount possible for that exploitation.

For Holocaust survivors who have lived in these ghettos, have received recognition in the past and are currently receiving monthly rewards, it is advisable to reapply for the percentages of disability that are known to them, as this recognition by the German government indirectly creates the possibility of increasing, in some cases, existing rewards.

Attorney and Notary David Yedid is the founder of the Law Firm and Notary David Yedid. The firm deals with tort and insurance, the exercise of rights for third parties, with an emphasis on Holocaust survivors' rights, Portuguese citizenship and European citizenship in general.

Phone: 053-9374940

The article is courtesy of Zap Legal

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone who relies on the information contained in the article does so at his own risk.