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EULawyer
EULawyer, Lawyer
Category: German Law
Satisfied Customers: 205
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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My husband passed away in December 19, 2012. He was living

Customer Question

My husband passed away in December 19, 2012. He was living in Canada, emigrated in 1990 but remained a German citizen. I am his legal heir - after he passed away, I applied for the Widow's pension in March 2013. I received notice that I was qualified for the Grosse Widow's pension of 750 Euros. I received a lump sum payment in October 2013 and have been receiving 625 Euros since (as I worked part-time).
In 2014, I was speaking with the Consul General of Germany (in Vancouver). The consul-General stated that I was entitled to a Survivor's pension from Germany. He also said if my husband was in the war, I would get possibly a larger Survivor's pension. The Consul General sent me the application form (a completely different form than the Widow's pension). The mailing address was also different than the widow's pension office. I sent the form with all the pertinent information (including war documents) and by July 2015 had not heard anything. I wrote a letter this July asking if my application had been processed. I received a letter back stating that "I am confused, I am already receiving Survivor's pension as Survivor's pension is Widow's pension and vice verse." I was told there is no other pension.
I find this hard to believe - the consul General himself told me about this survivor's pension - the application was completely different - the application was two part - one application was in English and it went to the International Affairs of Service Canada Survivor's Benefit office in Ottawa, Ontario - I sent a second application package to Renten Service, in Berlin, Germany.
I have asked other people - some say they are getting both the Survivor's Benefit from Germany as well as their Widow's pension. Could you please tell me the truth.
Monika Konefal
Submitted: 1 year ago.
Category: German Law
Expert:  EULawyer replied 1 year ago.

Dear Madam,

I am sorry that you have been misinformed about this pension. The consul should have put the matter thus: the surviving spouse (widow) of a German pensioner may receive survivor's benefits. Survivor's benefits include orphan's benefits and widow's benefits. So the widow's benefits is a species of survivor's benefit, not something different. What is different is that if the deceased was a war participant (in various positions, like military, detained etc.) the amount of the survivor's (including widow's) pension is different (higher).

I believe the form you have filled in is here: http://www.servicecanada.gc.ca/eforms/forms/dc2-svr-e.pdf If you would look, in part J it dedicates place for the military activities of the deceased, so that the pension amount can be calculated taking into account these periods, which are equivalent to employment periods under German law.

What the consul might have meant (though I doubt it) are the other war veteran's and war victim's benefits (kriegsfursorge). These benefits also apply to survivors (widows and orphans, as well as other family members) but they are non-financial benefits specific to Germany. They include old-age help, housing help, fuel allowance for the Winter and other such benefits, and they are supposed to be a little extra practical help on top of the main survivor's pension, discussed above.

I hope this makes the situation clear. From a practical perspective, if you believe the pension is too small, you could contact Service Canada (http://www.servicecanada.gc.ca/) and ask whether the war time of your late husband was taken into account in the calculation of the benefit (i.e. for a recalculation).

Cordially,

Dr Ioan-Luca Vlad

Expert:  EULawyer replied 1 year ago.

Dear Madam,

I am sorry that you have been misinformed about this pension. The consul should have put the matter thus: the surviving spouse (widow) of a German pensioner may receive survivor's benefits. Survivor's benefits include orphan's benefits and widow's benefits. So the widow's benefits is a species of survivor's benefit, not something different. What is different is that if the deceased was a war participant (in various positions, like military, detained etc.) the amount of the survivor's (including widow's) pension is different (higher).

I believe the form you have filled in is here: http://www.servicecanada.gc.ca/eforms/forms/dc2-svr-e.pdf If you would look, in part J it dedicates place for the military activities of the deceased, so that the pension amount can be calculated taking into account these periods, which are equivalent to employment periods under German law.

What the consul might have meant (though I doubt it) are the other war veteran's and war victim's benefits (kriegsfursorge). These benefits also apply to survivors (widows and orphans, as well as other family members) but they are non-financial benefits specific to Germany. They include old-age help, housing help, fuel allowance for the Winter and other such benefits, and they are supposed to be a little extra practical help on top of the main survivor's pension, discussed above.

I hope this makes the situation clear. From a practical perspective, if you believe the pension is too small, you could contact Service Canada (http://www.servicecanada.gc.ca/) and ask whether the war time of your late husband was taken into account in the calculation of the benefit (i.e. for a recalculation).

Finally, please consider rating my answer as it is the only way I can receive the benefit of my work.

Cordially,

Dr Ioan-Luca Vlad

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