Holocaust Survivors

 
Holocaust survivors arrived in Israel before the establishment of the State and played an important part in the revival of the State. The Legal Aid Department together with the Holocaust Survivors' Rights Authority at the Ministry of Finance has recently permitted the realization of the right to provide legal aid to Holocaust survivors without payment of a fee and without a means test (without examining income and property) in matters such as receiving allowances, an annual grant, etc.

The Legal Aid Department provides legal aid to Holocaust survivors without payment of a fee and without a means test (without examining income and property) in the following matters:
 
1. In pursuing their rights as Holocaust survivors in advice and representation.
 
2. The Department provides aid in defense and claims in the Execution Office and the Courts in matters of lawyers' fees vis-à-vis the bodies that handled their applications to receive rights as survivors.
 
 
THE AID IN PURSUING OF THE RIGHTS IS PROVIDED IN ACCORDANCE WITH THE AMENDMENT TO THE LAW AS FOLLOWS:
 
 
Amendment No. 11, 5773 – 2013 to the Legal Aid Law, 5732 – 1972 (hereinafter: "the Amendment to the Law"), that entered into force on October 6, 2013, provides Holocaust survivors and disabled of the war against the Nazis wishing to exercise their rights to receive legal aid without a means test.
 
According to the Amendment to the Law the aid will be provided on several levels: the first, preliminary legal advice, and the second, representation in legal proceedings, and all as specified below:
 
PRELIMINARY LEGAL ADVICE:
 
The preliminary advice will be given in the offices of the Holocaust Survivors' Rights Authority (that are located in Jerusalem, Tel Aviv, Haifa and in the Legal Aid Department districts in Beersheba and Nazareth). Aid is provided in clarifying the rights regarding receiving an allowance, annual grant or other benefit that the Holocaust survivor may receive from any source due to the events of the Holocaust; professional guidance and aid in the preparation of a claim/petition/appeal to the Holocaust Survivors' Rights Authority only; in appropriate cases referral to the relevant bodies (such as the Claims Committee).
 
The opening hours and telephone numbers of the branches of the Holocaust Survivors' Rights Authority are set out in the following link: http://hrights.mof.gov.il .
 
Holocaust survivors requesting advice should call the National Hotline 1700-70-60-44 to arrange a meeting.
 
It should be emphasized that the meetings are by prior arrangement only.
 
LEGAL REPRESENTATION OF HOLOCAUST SURVIVORS BY EXTERNAL LAWYERS:
 
 
Holocaust survivors and disabled of the War against the Nazis may apply to the Legal Aid Department. Representation is given without the necessity of a means test (without examining income and property) and it will only be granted if it has been decided that the claim has a legal chance. Below are the cases entitling legal aid:
 
Holocaust survivors who have filed an application to receive an allowance or an increase in the allowance to the Holocaust Survivors' Rights Authority at the Ministry of Finance and have received a decision partially or completely rejecting their application. Representation will be provided in proceedings in the courts and appeals committees by virtue of the following statutes:
 
A. The Disabled of the War against the Nazis Law, 5714 – 1954.
B. The Victims of Nazi Persecution Law, 5717 – 1957.
C. The Holocaust Survivors' Benefits Law, 5767 – 2007.
D. Section 4(a)(4) of the Holocaust Victims' Property (Return to Heirs and Endowment for Objects of Assistance and Commemoration) Law, 5766 – 2006.
 
E. Part A of the Arrangements in the State Economy (Legislative Amendments for Achieving Budget Targets for 2001) (Amendment, Revocation and Postponement of Legislation Originating in Private Bills) Law, 5761 – 2001.
 
LEGAL REPRESENTATION AGAINST LAWYERS AND CONSULTANTS IN THE MATTER OF FEES IN EXHAUSTION OF THEIR RIGHTS:
 
Representation is given without the necessity of a means test (without examining income and property) and it will only be granted if it has been decided that there is a legal chance in the defense or claim against the lawyer or consultant.
 
Amendment No. 13, 5775 – 2014 to the Legal Aid Law, 5732 – 1972 (hereinafter: "the Amendment to the Law") regulates the conditions for granting the aid:
1. In legal representation for Holocaust survivors in Execution Office proceedings instituted against them in respect of lawyers' fees for representation in applications in exhaustion of their rights as survivors.
2. For proceedings in Court or in the Execution Office in claims for the repayment of lawyers' fees in the following cases:
A. The repayment of a sum charged as lawyers' fees that exceeds the sum prescribed in the Victims of Nazi Persecution Law (Amendment No. 20). The limitation of the maximum lawyers' fees applies in the event of an administrative decision as made in the matter of Libyan immigrants on September 14, 2010.
B. Repayment of a sum prescribed as lawyers' fees on the ground of a break of connection between the filing of the claim and the receipt of the aforesaid administrative decision.
C. In defense and claims in the matter of lawyers' fees charged for handling the receipt of an allowance or payment pursuant to the German Law (ZRBG) in the matter of the payment of allowances to workers in ghettos, that entered into force in Germany on August 1, 2014.
D. Repayment of a sum prescribed as lawyers' fees on the ground of error, deception, coercion and exploitation in accordance with the contents of the Contracts (General Part) Law, 5733 – 1973.
 
For additional information and for the purpose of examining compliance with the conditions of the Laws you should enter the Authority's website at the following address:
http://hrights.mof.gov.il or call the National Information Hotline at telephone number
03-5682651.
 
 
ADDITIONAL LINKS: