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Holocaust Survivors Benefits Law, 5767-2007

חוק הטבות לניצולי שואה, תשס"ז-2007

Published: 2007-01-04Consolidated Hebrew text as of 2026-06-07 · Last amended 2023-11-02✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Definitions§

1.

In this Law –

"needy Holocaust survivor" – (Repealed)

"benefit" – (Repealed)

"the Agreement with Germany" – the agreement signed on the 12th of Tishrei 5753 (9 October 1992) by the Federal Minister of Finance of Germany and by the Conference on Jewish Material Claims against Germany;

"public rental" – as defined in the Public Housing (Purchase Rights) Law, 5759-1998;

"Nazi Persecution Disabled Persons Law" – the Nazi Persecution Disabled Persons Law, 5717-1957;

"the determining date" – the 3rd of Sivan 5774 (1 June 2014);

"homeless" – (Repealed)

"annual grant under this Law" – an annual benefits grant under sections 3a, 4 or 5a(b)(2);

"needy Holocaust survivor" – a person in respect of whom one of the following applies:

(1)he receives an income-tested allowance under section 4c1 of the Nazi Persecution Disabled Persons Law;
(2)he receives an income assurance benefit under the Income Assurance Law, 5741-1980 (hereinafter – the Income Assurance Law), and also one of the following:
(a)a monthly allowance under section 4 of the Nazi Persecution Disabled Persons Law;
(b)a benefit paid by the Government of Germany in respect of Nazi persecution pursuant to the Federal Indemnification Law (BEG);
(c)a monthly pension paid by another foreign state in connection with Nazi persecution and the persecution of their collaborators;

"annual grant under another law" – (Repealed)

"pension in respect of Nazi persecution" – one of the following:

(1)a monthly pension paid by the Federal Republic of Germany in respect of Nazi persecution, pursuant to the Federal Indemnification Law (BEG);
(2)(Repealed)
(3)a monthly pension paid by another foreign state in connection with Nazi persecution and the persecution of their collaborators, except a pension that the Minister of Finance has prescribed by Order at an amount not exceeding the amount referred to in section 4(a1) of the Nazi Persecution Disabled Persons Law;
(4)a monthly allowance paid under the Nazi Persecution Disabled Persons Law;
(5)a monthly allowance paid by virtue of Chapter I of the Economic Arrangements Law (Legislative Amendments for Achieving Budget Targets and Economic Policy for the Fiscal Year 2001) (Amendment, Cancellation and Suspension of Legislation Originating from Private Members' Bills), 5761-2001;
(6)any other monthly pension paid in connection with Nazi persecution and the persecution of their collaborators, as prescribed by the Minister with the approval of the Immigration, Absorption and Diaspora Committee of the Knesset;

"monthly pension under the Agreement with Germany" – including such a pension paid in advance for three months, divided by 3;

"the competent authority" – as defined in section 2 of the Nazi Persecution Disabled Persons Law;

"one-time grant for survivors of camps and ghettos" – one of the following:

(1)a one-time grant under section 11(1)(1) of the German Law for the Establishment of the "Remembrance, Responsibility and Future" Foundation of the 1st of Av 5760 (2 August 2000) (hereinafter – the German Law for the Establishment of the Foundation);
(2)a one-time grant under section 2(1)(2) of the Austrian Law for the Establishment of the "Reconciliation, Peace and Cooperation" Fund of the 16th of Tammuz 5760 (19 July 2000) (hereinafter – the Austrian Law for the Establishment of the Fund);
(3)a one-time grant paid by the Conference on Jewish Material Claims against Germany, funded by the Fund referred to in paragraph (2), to a Holocaust survivor who performed forced labour;

"the Committee" – the Immigration, Absorption and Diaspora Committee of the Knesset;

"the Minister" – the Minister of Finance.

Decision on Entitlement§

2.
(a)Where an application has been submitted to the competent authority for the receipt of benefits under sections 3a, 3b, 4 or 5a, the competent authority shall decide whether the conditions of entitlement to receive the benefits under those sections are satisfied in respect of the applicant.
(b)An application as referred to in subsection (a) shall be accompanied by a waiver form in respect of confidentiality regarding information relating to the satisfaction of the conditions of entitlement to receive the benefits under sections 3a, 3b, 4 or 5a, and consent to receive such information held by any body located in Israel or in a foreign state, in a form directed by the competent authority.
(b1)Notwithstanding the provisions of subsection (a), a needy Holocaust survivor as specified hereunder is entitled to an annual grant under the provisions of section 3a without the need to submit an application to the competent authority as referred to in subsection (a):
(1)a person who receives an income-tested allowance under section 4c1 of the Nazi Persecution Disabled Persons Law;
(2)a person who receives an income assurance benefit under the Income Assurance Law, and also a monthly allowance under section 4 of the Nazi Persecution Disabled Persons Law.
(b2)For the purpose of examining the entitlement of recipients of the payments listed in paragraphs (2)(a) to (c) of the definition of "needy Holocaust survivor" (in this subsection – the benefit recipients) to an annual grant, the National Insurance Institute shall provide the competent authority with an indication of whether a benefit recipient is entitled to an income assurance benefit, on the basis of an updated list including the identity numbers and names of benefit recipients that the competent authority shall transmit to the National Insurance Institute once a month; the transfer of information between the bodies shall be effected using information security measures in the process of its transmission as required under the Privacy Protection Law, 5741-1981, in order to reduce the risk of harm to the integrity of the information, its exposure, copying or use without lawful authority.
(c)An application to the competent authority for the receipt of benefits under section 3 shall be subject to the provisions of section 6 of the Nazi Persecution Disabled Persons Law, with the necessary modifications, and the decision of the competent authority on such an application shall be deemed a decision under section 7 of the Nazi Persecution Disabled Persons Law, for all purposes, including for the purpose of appeal and further appeal proceedings.

Allowances and Benefits for the Persecuted§

3.
(a)In this section, "persecuted person" – an Israeli citizen who is a resident of Israel, in respect of whom one of the following applies:
(1)he received a one-time grant for survivors of camps and ghettos, or one of the following applied to him:
(a)he was entitled to a grant as referred to in paragraphs (1) or (2) of the definition of "one-time grant for survivors of camps and ghettos", had he submitted an application to receive the grant by the final date prescribed for that purpose in the laws listed in those paragraphs;
(b)he was held in a camp or ghetto recognised under the Agreement with Germany and not recognised under section 11(1)(1) of the German Law for the Establishment of the Foundation or under section 2(1)(2) of the Austrian Law for the Establishment of the Fund;
(2)he receives a monthly pension under the Agreement with Germany;
(3)(Repealed)
(4)(Repealed)
(b)
(1)A persecuted person who, but for the application of sub-paragraph (a) or (b) below, would have been entitled to receive allowances under the Nazi Persecution Disabled Persons Law, shall be entitled to allowances and benefits as though he were a disabled person entitled to allowances under the Nazi Persecution Disabled Persons Law, provided that he does not receive a pension in respect of Nazi persecution and has not received such a pension for the period, or part thereof, commencing on the determining date:
(a)he immigrated to Israel on the 22nd of Tishrei 5714 (1 October 1953) or thereafter, or on the 29th of Adar II 5717 (1 April 1957) was not, or did not remain, a citizen and resident of Israel;
(b)the agreement between the State of Israel and the Federal Republic of Germany of the 20th of Elul 5712 (10 September 1952) and Letter No. 1a therein did not preclude his right to claim from the Federal Republic of Germany in respect of his disability;
(2)All provisions under the Nazi Persecution Disabled Persons Law applicable to a person seeking to receive allowances under that Law shall also apply to a persecuted person seeking to receive allowances under the provisions of paragraph (1), and all provisions under the Nazi Persecution Disabled Persons Law and under any other law applicable to a person recognised as entitled to allowances under the Nazi Persecution Disabled Persons Law shall also apply to a persecuted person recognised as entitled to allowances under the provisions of paragraph (1), as though he were a disabled person entitled to allowances under the Nazi Persecution Disabled Persons Law;
(3)Any right or benefit granted to a disabled person entitled to allowances under the Nazi Persecution Disabled Persons Law, by virtue of any law or arrangement or by a public body pursuant to an agreement or custom, shall be granted, on the same arrangements and conditions, also to a persecuted person recognised as entitled to allowances under the provisions of paragraph (1); for this purpose, "public body" – the Government, as well as a budgeted body or a supported body as defined in section 32 of the Budget Foundations Law, 5745-1985.
(c)A person recognised under this section as entitled to allowances and benefits who receives a monthly pension under the Agreement with Germany or a pension that the Minister of Finance has prescribed as referred to in paragraph (3) of the definition of "pension in respect of Nazi persecution", or who received such a pension for the period, or part thereof, commencing on the determining date, shall be paid the said allowances less an amount equal to the amount of the said pension; for the purpose of this subsection, a pension paid in a foreign currency shall be calculated according to the representative rate of that currency known on the 1st of the calendar month in respect of which the pension was paid, and if the pension is paid in advance for a period exceeding one month – according to the representative rate of that currency known on the 1st of the first calendar month in that period.
(d)The provisions of subsection (c) shall not apply to a person entitled to an allowance paid under the provisions of sections 4a or 4c1 of the Nazi Persecution Disabled Persons Law.

Annual Grant for a Needy Holocaust Survivor§

3a.

A needy Holocaust survivor is entitled to an annual grant in the amount of NIS 11,000, to be paid in a single payment in the month of January.

Quarterly Grant for a Holocaust Survivor Receiving a Monthly Pension under the Federal Indemnification Law§

3b.
(a)An Israeli citizen who is a resident of Israel and who receives a monthly pension as referred to in paragraph (1) of the definition of "pension in respect of Nazi persecution" by way of compensation for health damage, and who does not receive an additional monthly pension in respect of his persecution from any other source, is entitled to a quarterly grant in the amount of NIS 2,500, to be paid in the month of January, the month of April, the month of July and the month of October of each year (hereinafter – the quarterly grant).
(b)The amount of the quarterly grant shall be updated on 1 January of each year (in this subsection – the update date), in accordance with the rate of increase of the new index compared to the base index; for this purpose –

"index" – the consumer price index published by the Central Bureau of Statistics;

"the base index" – the index most recently published before the 14th of Tevet 5778 (1 January 2018);

"the new index" – the index most recently published before the update date.

Annual Benefits Grant for a Holocaust Survivor Who Does Not Receive a Monthly Pension§

4.
(a)An Israeli citizen who is a resident of Israel and in respect of whom the matters set out in paragraphs (1) and (2) apply, is entitled to an annual benefits grant as detailed in subsection (c):
(1)but for the application of sub-paragraphs (a) or (b), he would have been entitled to receive allowances under the Nazi Persecution Disabled Persons Law:
(a)he immigrated to Israel on the 22nd of Tishrei 5714 (1 October 1953) or thereafter, or on the 29th of Adar II 5717 (1 April 1957) was not, or did not remain, a citizen and resident of Israel;
(b)the agreement between the State of Israel and the Federal Republic of Germany of the 20th of Elul 5712 (10 September 1952) and Letter No. 1a therein did not preclude his right to claim from the Federal Republic of Germany in respect of his disability;
(2)he does not receive a pension in respect of Nazi persecution in a monthly amount exceeding NIS 1,000, or does not receive a monthly pension under the Agreement with Germany or a pension by virtue of section 3.
(b)For the purpose of examining entitlement to an annual benefits grant under this section, the existence of a disability as defined in the Nazi Persecution Disabled Persons Law shall not be examined.
(c)The annual benefits grant to which a person in respect of whom the matters set out in subsection (a) apply is entitled shall be in the amount of NIS 6,500, and it shall be paid from the State Treasury by 10 February of each year.
(d)The amounts referred to in this section shall be updated on 1 December of each year (in this subsection – the update date), in accordance with the rate of increase of the new index compared to the base index; for this purpose –

"index" – the consumer price index published by the Central Bureau of Statistics;

"the base index" – the index most recently published before the 9th of Kislev 5775 (1 December 2014);

"the new index" – the index most recently published before the update date.

5.§

(Repealed — תשע״ד־2)

Special Provision Regarding Benefits for a Holocaust Survivor in Whom Certain Conditions Are Satisfied§

5a.
(a)An Israeli citizen who is a resident of Israel, who is entitled to a benefit under the Income Assurance Law, 5741-1980, and in whom all of the following apply, is entitled to the benefits detailed in subsection (b):
(1)he received a one-time grant under the German Law for the Establishment of the Foundation, other than an heir of a Holocaust survivor who received a grant under that Law;
(2)he does not receive a pension in respect of Nazi persecution, a pension under the Agreement with Germany or a pension by virtue of section 3, and has not received such a pension for the period, or part thereof, commencing on the date of commencement of the Law for the Increase of Income Assurance Benefits for Elderly Needy Persons and for Assistance to Holocaust Survivors (Legislative Amendments), 5768-2008;
(3)he does not receive a monthly allowance under the Nazi War Disabled Law, 5714-1954.
(b)The benefits to which a person in respect of whom the matters set out in subsection (a) apply are entitled are as detailed hereunder:
(1)(Repealed)
(2)an annual benefits grant in the amount of NIS 4,000, to be paid from the State Treasury by 10 February of each year; the said amount shall be updated on 1 December of each year (in this paragraph – the update date), in accordance with the rate of increase of the new index compared to the base index; for this purpose –

"index" – the consumer price index published by the Central Bureau of Statistics;

"the base index" – the index most recently published before 1 December 2007;

"the new index" – the index most recently published before the update date;

(3)a supplement at the rate of 10% of the rental assistance amount from the Ministry of Construction and Housing, for a person entitled to such assistance.

Appeal§

6.
(a)A person who considers himself aggrieved by a decision of the competent authority as referred to in section 2(a) may appeal against it to an appeals committee, as defined in section 16 of the Nazi Persecution Disabled Persons Law, within 60 days from the day the decision was delivered to him; an appeals committee may extend the said period by a further 30 days.
(b)A decision of the appeals committee may be appealed to the District Court within 60 days from the day the decision was delivered to him; the District Court shall hear the appeal before a single judge.
(c)A judgment of the District Court may be appealed to the Supreme Court, if leave to do so has been granted by a justice of the Supreme Court.
(d)The rules of procedure prescribed under sections 17 and 17a of the Nazi Persecution Disabled Persons Law shall apply, with the necessary modifications, to an appeal as referred to in this section, insofar as they have not been prescribed under this Law.

Period of Entitlement§

6a.
(a)A person in respect of whom it has been decided under section 2(a) that the conditions of entitlement to receive benefits under sections 3b, 4 or 5a are satisfied, is entitled to those benefits for the period during which the said conditions are satisfied in respect of him, commencing on the 1st of the month in which he submitted the application under section 2(a), and with regard to an annual grant under this Law – commencing on 1 January of the year in which he submitted the application.
(b)Notwithstanding the provisions of subsection (a), a needy Holocaust survivor in respect of whom one of the following conditions applies is entitled to an annual grant under the provisions of section 3a, commencing on 1 January of the year in which one of these conditions applies to him:
(1)he receives an income-tested allowance under section 4c1 of the Nazi Persecution Disabled Persons Law;
(2)he receives an income assurance benefit under the Income Assurance Law, and also a monthly allowance under section 4 of the Nazi Persecution Disabled Persons Law.
(c)A person entitled to an annual grant under this Law shall be entitled to the full grant even if the conditions of entitlement to the grant ceased to apply to him during that year.
7.§

(Repealed — תשע״ד־2)

Prohibition on Transfer, Guarantee and Attachment§

8.
(a)A right to a benefit may not be transferred, guaranteed or attached in any manner, except for the purpose of paying maintenance pursuant to a judgment of a competent court or tribunal; in this section, "benefit" – a quarterly grant or an annual grant under this Law.
(b)The provisions of subsection (a) shall also apply to a benefit paid through a banking corporation as defined in the Banking (Licensing) Law, 5741-1981, or through Israel Post Company Ltd., in its provision of services under section 88a of the Postal Law, 5746-1986 (in this section – the Company), for thirty days from the day it was paid, however the banking corporation or the Company, as the case may be, may deduct from the benefit any amount advanced to the person entitled thereto on account of the benefit.

Special Provisions Regarding Payment§

8a.
(a)A monthly pension under the Agreement with Germany, or a quarterly grant and an annual grant under this Law, shall not be regarded as income –
(1)for the purpose of the Income Tax Ordinance [New Version], or for the purpose of compulsory payments or other levies, under any law;
(2)for the purpose of benefits under the National Insurance Law [Consolidated Version], 5755-1995, or under the Income Assurance Law, 5741-1980;
(3)for the purpose of rent in public rental.
(4)for the purpose of an income-tested allowance and an increased income-tested allowance under the Nazi Persecution Disabled Persons Law or under the Nazi War Disabled Law, 5714-1954.
(b)An annual grant under this Law shall not be regarded as a benefit in the same matter within the sphere of benefits –
(1)for the purpose of section 17e of the Allowances for Prisoners of Zion and Their Family Members Law, 5752-1992;
(2)for the purpose of section 8 of the World War II Veterans Status Law, 5760-2000;
(3)for the purpose of section 10 of the Assistants in Neutralising the Consequences of the Chernobyl Disaster Law, 5761-2001.

Limitation of Fees§

9.
(a)The Minister of Justice may, after consulting with the National Council of the Bar Association, prescribe by Order maximum rates for the fees that may be received for handling an application to the competent authority under this Law.
(b)A person shall not be required, notwithstanding anything in any agreement, to pay a fee for handling an application as referred to in subsection (a) in an amount exceeding the rates prescribed under that subsection; if a person paid a fee for handling such an application in an amount exceeding the rates prescribed under subsection (a), he may claim the return of the excess amount.
(c)The provisions of sections 22b1 to 22b3 of the Nazi Persecution Disabled Persons Law shall apply, with the necessary modifications, to the handling of an application to the competent authority under this Law.

Implementation and Regulations§

10.

The Minister is charged with the implementation of this Law and may make Regulations for its implementation.

10a.§

(Repealed)

Commencement and Application§

11.
(a)This Law shall commence on the 15th of Tammuz 5767 (1 July 2007) (in this Law – the commencement date), however no benefit under this Law shall be paid or granted in respect of the period preceding the commencement date.
(b)(Repealed)

Temporary Provision§

12.

During the period from the commencement date until the 22nd of Tevet 5768 (31 December 2007), section 5(a) shall be read as if "7.5%" were substituted for "15%".

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