Act No. 100 / 1988 Coll.
Social security law
Valid
Effective from 01.10.1988
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 73
HLAVA PÁTÁ
§ 86
HLAVA SEDMÁ
§ 92
ČÁST ČTVRTÁ
HLAVA PRVNÍ
§ 94
§ 95
§ 96
§ 97
§ 101
§ 102
§ 103
§ 103a
§ 104
§ 105
HLAVA DRUHÁ
§ 106
§ 106a
§ 107
HLAVA TŘETÍ
Díl druhý
§ 124
§ 125
§ 126
HLAVA ČTVRTÁ
§ 127
§ 128
ČÁST PÁTÁ
§ 142
§ 143
§ 145
§ 173a
§ 177a
§ 178
§ 179
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100
THE LAW
of 16 June 1988
on social security
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Basic principles
(1) The right to social security under this law is guaranteed to all citizens. Social security benefits are provided by the State. Social security benefits are not subject to tax.
(2) The right to social security benefits does not expire.
Social security coverage
(1) Social security under this Act includes:
(a) social welfare;
(b) sickness insurance for self-employed persons.
Participants in social security legal relations
Participants in legal relations arising under this law and under other social security rules are citizens, organisations and social security institutions.
Citizens
(1) The ability of a citizen to have rights and obligations in the legal relations of social security arises from birth and ceases to exist by death or by declaration of death.
(2) The ability of a citizen to acquire his or her own legal role in the legal relations of social security rights and to assume obligations arises from the completion of the 16th year of age. A citizen under 16 must be represented by a legal representative; who is the legal representative of a citizen under the age of 16, provides for a family law.
(3) The limitation and waiver of legal capacity, the legal representative of a citizen whose legal capacity has been restricted or deprived of legal capacity, and the declaration of a citizen's death is subject to the provisions of the Civil Code.
Organisation
Organisations are legal persons and citizens who employ other citizens for the purposes of social security rules.
SOCIAL WELFARE
SCOPE OF SOCIAL WELFARE
(1) Social care shall be provided by the State to assist citizens whose living needs are not adequately secured by occupational income, benefits of pension or sickness insurance, or other income, as appropriate, and citizens who need it because of their health or age, or who, without the assistance of society, cannot overcome the difficult living situation or adverse living conditions.
(2) In the area of social welfare, the State provides advisory and educational activities, in particular education for responsible parenthood, for the consolidation of family relationships and for mutual assistance between citizens, in particular to help citizens with disabilities and old people, and provides additional benefits and services.
(3) In carrying out social welfare tasks, the state authorities shall cooperate closely with social and other organisations.
(5) Social care includes, in particular, the care of people with disabilities.
(6) In particular, the following benefits shall be provided in the framework of social welfare:
(a) cash benefits;
(b) benefits in kind;
(c) exceptional advantages for certain groups of people with disabilities.
_
(1) Benefits in kind, cash benefits and interest-free loans are granted to citizens who are severely disabled, in particular those who are blind and those with severe problems in the movement or carrier system to overcome the difficulties arising from their disability.
(2) Citizens with severe physical, sensory or mental disabilities, which substantially restrict their mobility or orientation, are granted exceptional advantages by type and degree of disability, in particular in transport or in the need for a guide; These citizens with a severe disability are granted exceptional advantages of grade I, those with a particularly severe disability are granted exceptional advantages of grade II and those with a particularly severe disability and the need for a guide is granted exceptional advantages of grade III. The degree of exceptional benefits is certified by the certificate of exceptional benefits, namely the first degree of TP, the second degree of ZTP and the third degree of ZTP / P. An exceptional benefit card is a public instrument. 67)
(3) The special benefit card shall include an indication of the degree of exceptional benefits granted, the name, surname, maiden name, birth number, photograph of the citizen, his signature, date of issue, the designation of the issuing authority and the period of validity of the licence. A citizen's signature is not required if his action is associated with a difficult to overcome obstacle. The period of validity of an exceptional benefit certificate from the date of issue may be extended to a citizen of age
(a) up to 20 years not exceeding 5 years;
(b) 20 to 50 years not exceeding 10 years;
(c) over 50 years without restriction.
(4) The expiry of an emergency certificate shall end with the expiry of the period indicated therein, the declaration of loss or theft, the withdrawal of exceptional benefits, the death of a citizen or the declaration of death or the decision of the competent authority. The competent authority shall decide on the invalidity of an emergency certificate in the event that the certificate contains tampering or incorrect data or a substantial change in the form of a citizen has taken place or that the certificate is damaged in such a way that the entries therein are illegible or that its integrity is infringed.
(5) The model of the extraordinary benefit certificate and the technical design requirements for a citizen's photo are laid down in the implementing act.
(6) The State is obliged to provide such persons with assistance in the work of classification and application as well as to create conditions for their integration into social and public life.
REIMBURSEMENT OF SOCIAL COSTS
Cash and benefits in kind and exceptional benefits shall be granted without payment of costs.
COMMON PROVISIONS
GENERAL PROVISIONS ON THE BENEFITS AND PAYMENTS
Establishment and payment of benefits
(1) Entitlement to social welfare benefit (hereinafter referred to as "benefit") shall arise on the date of fulfilment of the conditions laid down by this law or, where appropriate, by implementing provisions.
(2) Entitlement to pay the levy is due by fulfilling the conditions laid down for entitlement to the benefit and its payment and by submitting an application for the benefit, unless it is established that such an application is not necessary. If the applicant is a citizen of a Member State of the European Union who is declared to reside in the territory of the Czech Republic under special legislation (71), or his family member (72), who is declared to reside in the territory of the Czech Republic under special legislation (71), the condition for entitlement to benefit is written agreement that the competent authority should establish the data relevant for the assessment of the unjustifiable burden of the social welfare system under that law ("the unjustifiable burden of the system '); This does not apply if this applicant is declared permanent residence in the Czech Republic.
(3) A levy to which entitlement arises by decision of the competent authority may be awarded and paid at the earliest from the beginning of the month in which the procedure for granting the benefit was initiated.
Additional declarations, changes in amount and termination of entitlement to the benefit and its payment
(1) If it is subsequently found that the benefit has been granted or is paid at a lower amount than that in which it belongs, or that it has been wrongly withheld, or that it has been granted from a later date than that from which it is due, the benefit shall be increased or admitted.
(2) The levy shall be increased or admitted in accordance with paragraph 1 from the date on which the levy or its increase is due, but not more than three years back from the date on which the entitlement to the levy is established or claimed or increased.
(3) The levy referred to in Paragraph 94 (3) may be withdrawn at the earliest from the date on which the facts relevant for its recognition changed.
(1) If entitlement to the benefit or if it is found that the benefit has been wrongly granted, the benefit shall be withdrawn.
(2) If it is found that the benefit has been granted in excess of the amount it belongs to, the benefit shall be reduced.
(3) If the facts applicable to entitlement to a benefit change, its payment shall be stopped or the benefit shall be paid at a lower or higher amount.
(4) The levy shall be withdrawn or reduced or the payment shall be suspended from the day following the day on which the period for which it has already been paid has expired. However, the benefit conditional on a long-term unfavourable health condition shall remain valid until the date preceding the date of the next payment following the date of service of the decision to withdraw or reduce the benefit or stop the payment of the benefit. If the payment of this benefit has been stopped in accordance with Paragraph 106 (3) and it is found that the citizen has ceased to be disabled or partially disabled before the payment of the benefit has been stopped, the benefit shall not apply from the date on which its payment is stopped; If it is found that the citizen has ceased to be disabled or partially disabled after the payment of the benefit has been stopped, the benefit shall not apply from the date on which he ceased to be disabled or partially disabled.
(5) If entitlement to the benefit or payment of the benefit, or part of the payment, for the granting of another benefit has ceased to exist, the amounts of the other benefit due from the date on which it was granted shall be settled with the amounts of the existing benefit paid for the same period.
(1) Entitlement to the benefit shall not cease at the end of time.
(2) The right to payment of a benefit or part thereof shall cease, unless otherwise specified, three years from the date on which the benefit or part thereof is due. That period shall not elapse during the period of the benefit procedure and for a period for which the guardian has not been appointed a citizen.
Time limits for payment of benefits and rounding of the amount of benefits
(1) Social welfare benefits are paid in advance within the regular monthly periods specified by the payer, unless otherwise provided for in the implementing act.
(2) Benefits may be paid by advance payment; advances shall be settled for a period not exceeding 12 months, if not for the settlement of foreign income. If the benefits do not reach 100 CZK per month, they can be paid over monthly periods. The details shall be laid down in the implementing regulation.
(3) The amount of benefits is rounded up to the whole crown.
Payment of benefits to beneficiaries and other beneficiaries
(1) The benefits are paid in cash or on an account designated by the recipient of the benefit. The recipient of the benefit shall be the entitled or his legal representative or special consignee.
(3) The competent national authority shall designate a special beneficiary with its consent in cases where the payment of the benefit to the recipient would not appear to have achieved the purpose to which the benefit is to be served or if the interests of the persons who are entitled to maintenance are thereby damaged or if the creditor or his legal representative cannot receive the payment. The consent of the creditor or, where applicable, his legal representative, to the provision of a special consignee shall be required only if the creditor or his legal representative cannot accept the payment.
(4) The legal representative and the special consignee are obliged to use the benefit only for the benefit of the creditor and of the persons who are entitled to maintenance. A special beneficiary who cannot receive a payment shall use the benefit as instructed by the beneficiary.
Entitlement to benefits and their provision abroad
(1) Citizens who do not reside permanently in the Czech Republic are not entitled to benefits. Citizens of a Member State of the European Union and their family members (72) are entitled to benefits if they are declared in the territory of the Czech Republic to reside under a special legislature71) for a period of more than 3 months, unless they are entitled to social benefits from a directly applicable European Communityregulation (73). The benefits provided under the Social Needs Act 73a) are also eligible for additional protection in the Czech Republic.
(2) The benefits are not paid abroad and do not fall within the period of permanent residence of the beneficiary. No decision shall be taken on the non-payment of social welfare benefits when staying abroad.
(3) The provisions of paragraphs 1 and 2 are only applicable unless otherwise provided for in an international agreement.
Assessment of the unjustifiable burden on the welfare system
(1) If a citizen of a Member State of the European Union who has been declared in the territory of the Czech Republic for a stay under special legislation (71) for a period of more than 3 months, or his family member (72), who has been declared in the territory of the Czech Republic for a stay under special legislation (71) for a period of more than 3 months, the competent authority shall at the same time assess whether that person has become an unjustified burden on the welfare system; This does not apply if this person is declared permanent residence in the Czech Republic.
(2) The person referred to in paragraph 1 shall not be considered as an unjustifiable burden on the system if:
(a) is a participant in sickness insurance (74);
(b) as a self-employed person, is a pensioner (63);
(c) is the person entitled to social benefits by virtue of a directly applicable regulation of the European Communities (73);
(d) before the start of the benefit procedure, the Czech Republic has been employed and has been in work for at least five years in the 10 years preceding the date of the opening of the benefit procedure and of that immediately before the start of the benefit procedure for at least one year in the sickness insurance scheme (74), or as a self-employed pensioner (63), and does not have an underpayment on insurance premiums and social security penalties and contributions to the state employment policy at the time of the opening of the procedure;
(e) is a person who, after the termination of an employment relationship or employment agreement, where such employment relationships have established a participation in sickness insurance or a self-employed activity, where such activity has established a participation in pension insurance, temporarily unable to work as a result of sickness or accident;
(f) is a person who is kept in the register of candidates for employment and has been employed for more than 1 year immediately before entering the register of candidates for employment; the condition is that he is not a person who is not entitled to unemployment benefit under § 39 (2) (a) or (b) of the Employment Act (79);
(g) is a person who is kept in the register of applicants for employment if, immediately before entering into the register of applicants for employment, he has completed a fixed-term employment relationship for a period of less than 1 year or an employment relationship based on an employment agreement concluded for a period of less than 1 year, where such employment relationships have established participation in sickness insurance; condition is that he is not a person who is not entitled to unemployment benefit under § 39 (2) (a) or (b) of the Employment Act 79); such a person is not considered to be an unjustifiable burden on the system for a period of only 6 months from being entered in the register;
(h) is a person who is kept in the register of jobseekers and who has become unemployed during the first 12 calendar months of employment; condition is that he is not a person who is not entitled to unemployment benefit under § 39 (2) (a) or (b) of the Employment Act 79); such a person shall not be considered to be an unjustifiable burden on the system for a period of only six months from being entered in the register; or
(i) is a person who, after the termination of an employment relationship or an employment agreement, has started training in such employment relationships if they have established participation in sickness insurance or self-employment; training for the purposes of this Act means continuous training for future professions under the Act on State Social Support 80) and retraining under the Employment Act 81).
(3) In assessing the unjustifiable burden of the system, the following elements shall be assessed for a person who does not meet the conditions referred to in paragraph 2:
(a) length of stay under the special legislation (71) in the Czech Republic,
(b) the period of employment or self-employment in the Czech Republic;
(c) the period of continuous preparation for the future career (75) in the Czech Republic,
(d) the possibility of employment in the Czech Republic according to the qualifications acquired, the need for increased care in employment mediation and unemployment rates.
(4) The competent authority shall proceed with the score by:
(a) in the case of a person who has been declared in the territory of the Czech Republic for residence under a special legislature71), for the period of
1. from 1 to 3 years, 2 points,
2. from 3 to 6 years, 4 points,
3rd from 6 to 8 years, 6 points,
4.8 or more years, 8 points;
(b) in the case of a person who has been liable for social security contributions and a contribution to national employment policy, or who is continuously preparing for a future occupation in the Czech Republic (75), for the period of:
1.12 to 24 months, 4 points,
2.25 to 36 months, 8 points,
3.37 to 48 months, 12 points,
4.49 to 60 months, 16 points;
(c) account for the person who:
1. not qualified, 0 points,
2. has middle education, 2 points,
3. has a higher vocational education, 4 points,
4. has a higher education, 6 points;
(d) account for a person who would not receive increased care under the special legislature76), 4 points;
(e) account for a person who is declared to be resident under special legislature71) in a district where the unemployment rate in the calendar month preceding the date of application is published by the Ministry of Labour and Social Affairs in a manner that allows remote access
1. exceeded by more than 10% the average unemployment rate in the Czech Republic, 0 points,
2. exceeded by less than 10% the average unemployment rate in the Czech Republic, 2 points,
3. was higher than 50% of the average unemployment rate in the Czech Republic and did not exceed the average unemployment rate in the Czech Republic, 4 points,
4. was less than 50% of the average unemployment rate in the Czech Republic, 6 points.
(5) A person whose score is 10 or less shall be regarded as an unjustifiable burden on the system. A person whose score is 20 or more points shall not be regarded as an unjustified burden on the system.
(6) Where the score of a person is more than 10 points and does not reach 20 points, the competent authority shall, according to the personal circumstances considered, consider whether he is a person who is an unjustifiable burden on the system. When assessing whether a person is an unjustifiable burden on the system, its links to persons close to 77) resident in the Czech Republic are also taken into account, whether there is temporary difficulties and the potential burden on the welfare system by providing benefits to the person concerned.
(7) The competent authority shall be entitled to assess whether a person is an unjustifiable burden on the system, also once the person under consideration has changed its social circumstances.
(8) The administrative authorities, social security authorities, the police of the Czech Republic, municipalities and employers of the persons referred to in paragraph 1 are required to communicate, at the request of the competent authority, the information needed to assess whether a person is an unjustified burden on the system. If the competent authority notifies the Police of the Czech Republic that the person is an unjustifiable burden on the system78), the Police of the Czech Republic shall communicate to the competent authority the termination of the temporary stay of the person under the special legislation71). The police of the Czech Republic shall immediately inform the competent authority, upon request, whether the person applying for or receiving the social security benefit has been terminated under the special legislation of the Czech Republic.
Transfer of entitlement on death of a creditor
(1) Entitlement to benefit shall expire on the date of death of the beneficiary.
(2) If a beneficiary has died after entitlement to the benefit, he or she shall enter a further benefit procedure and shall acquire entitlement to the amounts due until the date of death of the beneficiary, by the wife (spouse), children and parents, if they were living with the beneficiary at the time of his death in the common household. The condition of a common household need not be fulfilled for children entitled to an orphan's pension after the deceased.
(3) Where the benefit has been granted before the death of the beneficiary, amounts due which have not been paid before the date of death of the beneficiary shall be paid to the members of his family in accordance with the order and under the conditions laid down in paragraph 2.
(4) Entitlements transferred to persons referred to in paragraphs 2 and 3 shall not be the subject of inheritance; The heirlooms become the subject of the heirlooms, unless these survivors are.
Transmission and precipitation
(1) Benefits may not be transferred.
(2) Benefits cannot be the subject of a withholding agreement.
(3) Benefits are not subject to enforcement.
OBLIGATIONS AND LIABILITY OF CITIZENS AND ORGANISATIONS IN SOCIAL SECURITY
Obligations and responsibilities of citizens
(1) The entitled or other recipient of the benefit must notify the competent social security authority in writing within eight days of the change in the facts applicable to the duration of the entitlement to the benefit, its amount and the payment or provision.
(2) Where an authorised or other beneficiary has been called upon by a social security authority to certify the facts relevant to entitlement to the benefit, its amount or payment, he shall comply with the call within eight days of the date of receipt of the call, unless the social security authority has determined a longer period; If they do not do so within the prescribed time limit, the payment of the levy may be stopped if the authorised or other beneficiary has been notified of this consequence.
(3) The payment of a benefit conditional on unfavourable health conditions may be stopped if the citizen whose health needs to be established does not undergo a medical examination or other professional examination and the citizen, or his legal representative or special beneficiary, has been alerted to the possibility of stopping the payment of the benefit.
(1) A citizen to whom exceptional advantages have been granted is obliged to submit one photograph corresponding to his current form for the purpose of issuing an exceptional benefit certificate (Paragraph 86 (2)). A citizen to whom an emergency certificate has been issued shall be required to ensure that the information given on the licence corresponds to the facts, to protect the card against damage, destruction, loss and abuse, and to report to the authority which issued the certificate that one of those facts has occurred. The body that issued the card is also obliged to present the card at the request of the citizen for inspection and surrender the invalid card.
(2) Any person who finds an emergency certificate or holds an emergency certificate of a deceased citizen or citizen declared dead shall be obliged to forward it without delay to any municipal authority of the municipality with extended scope. The same obligation shall apply to a citizen who has declared the loss of an exceptional benefit certificate if he or she finds or otherwise recovers it. The municipal authority of the municipality with extended jurisdiction to which the licence is to be issued under the previous provisions shall be obliged to submit it to the authority which issued it.
(1) The recipient of a benefit who has failed to fulfil an obligation imposed on him has received a benefit or part of it, although he knew or had to assume from the circumstances that it had been paid wrongly or at a higher rate than it was due or knowingly otherwise caused the benefit or part of it to have been paid unjustly or at a higher rate than it was due to return the benefit or part thereof from the date on which it was not due or provided; This applies in particular if he has failed to comply with the reporting obligation, lured the dose out or withheld any decisive fact.
(2) The obligation to return a benefit in social welfare matters which has been unlawfully or incorrectly paid shall be decided by the institution which is responsible for deciding on the granting, reduction or withdrawal of the benefit in social welfare matters or part thereof. Amounts wrongly received may also be deducted from the benefit normally paid or subsequently granted, or from a salary authorised; in so doing, the provisions on the enforcement of judgments shall apply mutatis mutandis by means of a salary reduction.
(3) The right to reimbursement of a benefit granted unjustly or incorrectly shall cease to exist three years after the date on which the social security authority has established this fact but no later than ten years after the date on which the benefit was paid. These periods shall not result in reductions from the levy during the appeal procedure, the action, the enforcement of the decision or the payment of the excess.
(4) A decision issued pursuant to paragraph 2 may be taken no later than 10 years after the expiry of the period laid down for the fulfilment of the obligation imposed.
ORGANISATION AND MANAGEMENT
Management
Service of documents
To be delivered
(a) decisions not granting, withdrawing, reducing or suspending the payment of the social security benefit and decisions imposing an obligation to repay amounts unduly paid;
(b) the summons of the recipient of the welfare benefit conditional on unfavourable health conditions for medical examination or other professional examination.
Compensation of costs
(1) Social security authorities are not entitled to reimbursement of the costs incurred in the welfare proceedings.
(2) To the extent provided for in the implementing regulation, the competent national authority shall reimburse the costs incurred by citizens and, where appropriate, their guides, who, at the request, will attend to the hearing of the institution on social welfare matters.
(3) Special rules are laid down in order to recover the costs of citizens in court proceedings. 16)
General rules on management
Where this law or the laws of the national councils on the competence of the institutions of the Republics in social security matters provide for derogations from the general rules on administrative procedures, those provisions shall apply.
LEGAL TASKS AND TIME CALCULATION
Legal acts
(1) The legal act (application for a benefit of social security, etc.) is a sign of will to create, modify or terminate those rights or obligations which the legislation attaches to such an expression.
(2) A legal act which has not been taken in the form of the social security provisions laid down in Paragraph 112 (1) is invalid.
(3) Otherwise, the provisions of the Civil Code apply to legal acts, their annulment and the consequences of such nullity.
Time counting
(1) The time limit determined by day shall begin on the day following the event which is decisive for its beginning.
(2) The last day of the period determined by weeks, months or years shall be the day corresponding to the date on which the event determining the beginning of the period coincides with the name or number; If it is not such a day of the month, the last day of the period shall be the last day of the month.
(3) If the last day of the period is Saturday, Sunday or holiday, the last day shall be the next working day. This period shall be maintained if the last day of the period is carried out with the competent social security authority or if a postal consignment containing the lodging is lodged; in respect of time limits for acts taken against the court, the Civil Code shall apply.
SOCIAL SECURITY OF MILITARY SERVICES FROM THE AUTHORIZATION, ACCESSORIES OF THE POLICE OF THE CZECH REPUBLIC AND ACCESSORIES OF THE PENSION SERVICE OF THE CZECH REPUBLIC
Organisation and management
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST TŘETÍ
HLAVA PRVNÍ
§ 73
HLAVA PÁTÁ
§ 86
HLAVA SEDMÁ
§ 92
ČÁST ČTVRTÁ
HLAVA PRVNÍ
§ 94
§ 95
§ 96
§ 97
§ 101
§ 102
§ 103
§ 103a
§ 104
§ 105
HLAVA DRUHÁ
§ 106
§ 106a
§ 107
HLAVA TŘETÍ
Díl druhý
§ 124
§ 125
§ 126
HLAVA ČTVRTÁ
§ 127
§ 128
ČÁST PÁTÁ
§ 142
§ 143
§ 145
§ 173a
§ 177a
§ 178
§ 179
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Regulation Information
| Citation | Act No. 100 / 1988 Coll., on Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.1988 |
|---|---|
| Effective from | 01.10.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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