One-time and ongoing assistance from the Hardship Fund, Article 2 Fund and the CEE Fund are not transferable and not inheritable. Applicants must be alive when applications to the fund are submitted. Heirs are not entitled to apply for payments in the Hardship Fund, HVCF, Article 2 Fund or CEE Fund.
If the eligible applicant dies before receiving a payment from one of the aforementioned funds in certain circumstance legal successors, who contact the Claims Conference in a timely manner, as set forth below, may be entitled to receive a payment.
A legal successor of the deceased applicant must contact the Claims Conference within 7 years of the death of the applicant. After the expiration of such time period, the entitlement to receive any payment lapses.
The legal successor to the eligible applicant is his or her spouse (or common law spouse) and if he or she is deceased, the legal successor is his or her children in equal parts. If one or more of the children do not indicate, by completing the appropriate documentation within the specified time, that he or she wishes to obtain his or her share of the payment, the share of that child shall be distributed among the children that do complete the documentation within the specified time.
In the event that the application for a payment from one of the above funds was approved before the applicant died but payment had not yet commenced, the spouse of the applicant or, if he/she is already deceased, the children of the deceased applicant may be entitled to receive the payment due to the applicant at the date of his/her death (if the legal successor informs the Claims Conference within the appropriate time period and completes the appropriate documentation).
In the event that the applicant was alive when the application was submitted but had already died by the time that the ongoing payment was approved, the spouse of the deceased applicant or, if he/she is already deceased the children of the deceased, may under certain conditions obtain a payment of up to DM 5000 for an Article 2 Fund application or DM 4,140 for a CEE Fund applicant.The amount of the payment is calculated by multiplying the applicable monthly pension payment by the number of months between the date the application was submitted and the date of the death of the applicant – less three months.
April 18, 2012