The social legislation X regulates the sociallegal administrative proceedings, the protection of the social data as well as the co-operation of the social security benefit carriers as part of the German social legislation among themselves and their legal relations to third.

It forms the legal basis for the activity of the health insurance companies, the old age pension insurance, the accident insurance carrier together with the social legislation I and the social legislation IV and the care cashes and has therefore substantial practical meaning.

History

Until 1981 the sociallegal administrative proceedings were regulated in well 300 paragraphs, which were distributed on approximately 25 different laws. Process controls were among other things in the Reich Insurance Code, in the federal social welfare assistance law and in the labour advancement law. The Neukodifikation of the German social right begun into the 1970er years should summarize these regulations in a law.

Although it would have been possible to integrate the process controls into the SGB I already existing or the then straight again codified SGB IV the legislator decided for it 1980 to create a new law book with the designation social legislation tenth book - administrative proceedings -. After the plans at that time the finished SGB should consist of ten single books. The process controls should lock the social legislation as the tenth and systematically last book. Meanwhile the SGB covers however already twelve books.

At first the SGB X regulated only the social administrative proceedings and the social data security. To 1 July 1983 it was supplemented then around its current third chapter - co-operation of the service providers and its relations with third -.

The SGB X experienced further important changes by 2. SGB law of change from the year 1994: The regulations to the social data security were formulated new and extended following the Federal Law for Data Protection. At the end of of 2000 received the SGB X by 4. Euro-introductory law finally its current designation social legislation tenth book - social administrative proceedings and social data security -.

Structure and regulations

The social legislation X is divided into four chapters. The first chapter ("§"§ 1-66) regulates the sociallegal administrative proceedings. It specifies, which rights have the procedure-taken part, after which principles the authorities and social security benefit carriers to proceed has and which periods and dates are to be kept. Besides it regulates the legal assistance, costs, enforcement and the public contract and describes the requirements to legal acts of administration as well as the consequences of illegal acts of administration and the pleas.

From the regulation subject the first chapter of the SGB X is comparable with the administrative proceedings law and the tax code. However the legislator recognized with the Kodifikation the special protection need of the social security benefit receivers and for this by particularly"” citizen-friendly "“regulations - for example to the confidence protection with favouring acts of administration - calculation carried. In it also the substantial difference to the comparable regulations lies in the administrative proceedings law and in the tax code.

The second chapter ("§"§ 67-85a) covers the protection of the social data. It defines the conditions, under which social data raised, stored, processed, conveyed and to be deleted may and concretized thereby the social secret set in the SGB I. This chapter became by the law the change of the Federal Law for Data Protection and other laws of 18. May 2001 partly again arranges and adapted to the defaults of the European data security guideline. As range-specific data security regulation for the social security the SGB X the Federal Law for Data Protection proceeds.

The third chapter ("§"§ 86-119) came into force only 1983. In it the legal relations of the social security benefit carriers are among themselves and to third regulated. Are of special practical importance the claims to reimbursement specified in the second section of this chapter ("§"§ 102-114) and the claims for damages of the third section ("§"§ 115-119).

The fourth chapter - there are only out "§ 120 - contains temporary agreements.

Literature

• Matthias's von Wulffen: SGB X - Social administrative proceedings and social data security. Comment. Publishing house C.H. Beck, 5. Edition, Munich 2004, ISBN 340652642X
• Winkler: Social administrative proceedings and social data security (SGB X). Publishing house C.H. Beck, Munich 2004, ISBN 3406516254

Related links

• Text social legislation of the X
• Federal Ministry for economics and work (Hrsg.): '' Introduction to the social right of the social legislation - SGB X. '' (pdf file

Articles in category "Social legislation X"

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