Act No. 103 / 1988 Coll.
Law on changes in sickness insurance
Valid
Effective from 01.10.1988
103
THE LAW
of 16 June 1988
on changes in sickness insurance
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Act No. 141 / 1965 Coll., on certain changes in social security of cooperative peasants, Act No. 116 / 1967 Coll., on certain other changes in social security of cooperative peasants, Act No. 89 / 1968 Coll., amending and supplementing the Act on Social Security of Cooperative peasants and the Act on Social Security, Act No. 99 / 1972 Coll., on the increase of child and educational allowances, Act No. 121 / 1975 Coll., on Social Security, Law No. 57 / 1984 Coll., on certain changes in the Social Security Act No. 8 / 1982 Coll.
1.
The creation and demise of the health and safety of the mother and child
Protection in the illness and security of the mother and child is created by the cooperative on the day of the creation of membership of the cooperative, but not before the actual start of work. This security will expire on the day on which the cooperative's membership ceased.
Duration of sickness and maternity and child security
(1) A cooperative who, under an agreement on working conditions, is to work in a cooperative for only part of a calendar year, or who has been released by the cooperative from the performance of the work, shall be subject to security in the sickness and security of the mother and child only at the time that he was to do or did the work under that agreement.
(2) A cooperative who, under an agreement on working conditions, operates only occasionally and irregularly according to the needs of the cooperative, is involved in the security of the sickness and the security of the mother and child within the scope of the implementing regulation.
A co-worker is involved in security in the illness and security of the mother and child at a time when he is working abroad for the cooperative.
Exemptions from sickness and maternity and child security
A co-worker who, under an agreement on working conditions, is to carry out work of such magnitude that the remuneration is less than 120 Kčs per month shall be excluded from sickness and maternity and child security. '
2. § 7 is deleted.
3. in § 8 (1) and Article 16 (1), the brackets are deleted with reference to § 7.
Article 4 (11) reads:
A co-worker who, under an agreement on working conditions, will be working in a cooperative for only part of a calendar year and is not a pensioner to whom an old-age or invalidity pension is paid shall be entitled to sickness benefit in the same incapacity for the same period of work for a maximum period of 75 working days, for multiple incapacity for no more than 90 working days per calendar year. This restriction shall not apply if the incapacity for work is caused by an accident at work (an occupational disease) or if, during the calendar year preceding the incapacity for work, the cooperative has been responsible for sickness and child protection for at least 180 days. '
5. In the sentence of Section 12, the first words "working in the cooperative for at least a period 'are replaced by" security in the sickness and security of the mother and child for at least a period'.
6. In Paragraph 16 (7), the following words are added at the end: "or if it is a cooperative who does not work in the working conditions agreement but does work at home for the cooperative."
7. § 19 is deleted.
8. Paragraph 19a (5) shall be deleted and paragraph 6 shall become paragraph 5.
9. Article 22 (2) reads as follows:
"(2) Money in maternity care shall be paid for working days and holidays for which the cooperative is paid compensation or for which the monthly remuneration is not otherwise reduced. '
10. In Paragraph 25 (1), the first sentence is "for adoption later '.
11.
(1) The financial assistance provided for in this Act is granted to a single, widowed, divorced or for other serious reasons to a lone cooperative who does not live with a partner if he is taking care of a child by decision of the competent authority or a child whose mother died.
(2) Financial assistance also belongs to the cooperative who looks after the child if his wife is not provided with monetary assistance in motherhood and cannot or must not, according to a medical opinion, care for a serious long-term illness.
(3) The conditions for entitlement to financial assistance and the method for determining such assistance shall be assessed with the cooperative referred to in paragraphs 1 and 2 on the basis of the status of the child on the date of taking over. The financial assistance shall be granted from the day on which the child is taken over for a period of no more than 31 weeks, and, in the case referred to in paragraph 2, for a period of 22 weeks, but not longer than eight months.
(4) The other provisions of this law shall apply mutatis mutandis to the granting, the amount and the provision of financial assistance to the cooperative. '
12. § 27a is deleted.
13.
Conditions of entitlement
(1) Children's allowances shall belong to a cooperative who, under this law, is responsible for the security of the mother and child's illness and security if:
(a) has unprovided children;
(b) carry out work on the cooperative within the prescribed period of time; and
(c) carry out work on the cooperative in a calendar month for a specified period.
(2) The cooperative called upon to serve in the armed forces shall belong to an uninsured child, if the other conditions are met, the child allowance if the security of the mother and the child was involved at the time of taking up the service or when he was called on to serve, or if, at the time when he was called on to serve, he had retained the rights of that security.
(3) Children's allowances shall also be payable to the cooperative after the death of the mother's and child's sickness and security, provided that, for that purpose, sickness or monetary assistance in maternity is provided; the condition is that, prior to the disappearance of the mother's and child's sickness and security, he worked in the cooperative within the scope of the prescribed period of time.
Unprovided children
(1) The children of a cooperative or his spouse who live in the Czechoslovak Socialist Republic are considered unprovided, until the end of compulsory education.
(2) At the end of compulsory education, the child shall be deemed not to have been provided but no more than 26 years of age if:
(a) be continuously prepared for the future occupation through study or prescribed training;
(b) cannot prepare for a future occupation or be employed for a disease;
(c) for a long-term unfavourable health condition, it is unable to continuously prepare for or prepare for a future profession only under exceptional conditions; or
(d) for a long-term unfavourable health condition, it is unable to carry out continuous or such employment would seriously impair its health.
(3) The implementing regulation lays down the conditions under which child allowances are granted for the grandchildren and siblings of the cooperative or his spouse and for children who reside abroad. ';
14. Article 33 is renumbered Article 35a and Article 35 is renumbered Article 35b.
15.
"Working time and hours worked
(1) In order to grant child allowances, a cooperative is required to have a working time corresponding to a fixed weekly working time, which, in accordance with cooperative rules, is generally established for the operation in which he is engaged.
(2) If he is a co-worker with an altered working capacity or a co-worker who looks after at least one unprovided child and has a shorter working time for this reason, half of the working time referred to in the preceding paragraph shall be required to receive child allowance. This is also true, if it is a cooperative of a single, widowed, divorced or for other serious reasons of the lonely, who does not live with a partner and takes care of at least one unprovided child.
(3) If he is a cooperative of a single, widowed, divorced or for other serious reasons, who is not living with a partner (species), he is a beneficiary of a partial disability pension and takes care of at least one uninsured child, the employment allowance condition shall be deemed to have been met if the remuneration for work in a calendar month reaches at least 400 Kns. Paragraph 4 of the third sentence shall apply mutatis mutandis.
(4) In the case of cooperative members whose working time is not fixed by the cooperative, and in the case of cooperative members who do not work in the working conditions agreement, but who do work at home for the cooperative, the working hours and working hours shall be deemed to have been completed in the calendar month in which such cooperative has received remuneration for the work of at least 700 CZK. Where a cooperative with an altered working capacity, the cooperative referred to in paragraph 2 is referred to in the second sentence of the second sentence, or a cooperative who looks after at least one unprovided child, the remuneration for the work in the calendar month shall be at least 400 CZK. The amounts of CZK 700 or CZK 400 shall be reduced proportionately in the calendar month in which the cooperative was unable to carry out the work for serious reasons; a recognised temporary incapacity for work for sickness or accident, quarantine, paid maternity leave, spa care, public office, civil duties and other acts of general interest and a service in the armed forces shall be considered as a serious reason.
(1) In order to grant child allowances for a single calendar month, a cooperative shall be required to work all working days (shifts) for that month resulting from the fixed schedule of working time.
(2) The working time is equalled
(a) temporary incapacity for work for sickness and accident, quarantine, maternity leave, other maternity leave and absence of work due to the care of a child under 10 years of age or the treatment of a sick family member (§ 16);
(b) the period for which compensation is granted for the remuneration for the work or, where applicable, the remuneration for the work, as well as the period for which, in the event of significant personal obstacles to work, compensation for the remuneration for the work does not fall solely because the cooperative does not fulfil the required conditions of the period of work;
(c) the duration of public duties, civil duties and other acts of general interest, the services of the armed forces, including the necessary time of employment provided in connection with the service;
(d) the period during which the cooperative could clearly not work for adverse weather effects or, where appropriate, for an obstacle on the part of the cooperative;
(e) the period of leave granted under the rules on study at work or under the regulations on external aspirant;
(f) the period of leave for overtime or on holiday;
(g) the period of spa care;
(h) the period of leave excused by the cooperative for another reason.
Amount of child allowances
(1) The allowance for children is monthly
| na jedno dítě | 200 Kčs, |
| na dvě děti | 650 Kčs, |
| na tři děti | 1210 Kčs, |
| na čtyři děti | 1720 Kčs, |
and they increase per child by 350 ccs a month.
(2) If there is an unprovided child over one year of age who, according to the opinion of the social security authorities, is suffering from a long-term disability and requires exceptional care, a supplement of
(a) 500 CZK per month; or
(b) 700 CZK per month, if it is for a child who requires extra care.
The condition is that the child is not placed in a weekly or year-round residence for such children, and that there is a surcharge in accordance with point (b) or a daily stay. The supplement referred to in point (a) shall apply if the child does not fulfil the conditions for the supplement referred to in point (b) only because it is placed in a daily establishment.
(3) If, during a calendar month, the conditions for amending the amount of the child allowance are met, the full calendar month shall include a higher child allowance. ';
16. in the second sentence of Article 35b (1), the following words shall be inserted after the words "for reasons of treatment": "where appropriate, for the purpose of carrying out compulsory education or preparing for a future occupation."
17. Paragraph 116 (3) shall be deleted. Paragraph 4 shall become paragraph 3.
18. In Section 144, the first sentence after the words "with the Ministry of Agriculture and Nutrition" is replaced by the following: "with the Union of Cooperative Farmers."
19. In Article 144, the following sentence is added at the end: "If the cooperative referred to in Article 2 (2) also determines the extent of the sickness and maternal and child security claims."
Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as amended by Act No. 99 / 1972 Coll., on the increase of allowances for children and education, Act No. 73 / 1982 Coll., on amendments to the Social Security Act and the Regulations on sickness insurance, Act No. 57 / 1984 Coll., on certain changes in occupational health care, Act No. 109 / 1984 Coll., on changes in sickness insurance, and Act No. 51 / 1987 Coll., on changes in sickness insurance, is amended as follows:
1. In § 9, the following words are added at the end: "or for which the monthly salary is not otherwise reduced."
2. In Paragraph 11 (1), the first sentence is "for adoption later '.
3. In Article 12a, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Financial assistance also belongs to a child-care worker, if his wife is not being provided with maternity assistance and cannot, or may not, care for a serious long-term illness under medical advice.
(3) The conditions for entitlement to cash assistance and the method for determining such assistance shall be assessed for the worker referred to in paragraphs 1 and 2 in accordance with the condition at the date of taking over of the child. The financial assistance shall be granted from the date on which the child is taken over for a period of no more than 31 weeks, and, in the case referred to in paragraph 2, for a period of 22 weeks, but not longer than eight months. ';
Paragraph 3 shall become paragraph 4.
4. the following paragraphs 3 and 4 are added to Article 21:
"(3) The provisions of the preceding paragraph shall also apply to a worker of a single, widowed, divorced or for other serious reasons of a lonely person who does not live with a mate and looks after at least one unprovided child.
(4) If the worker (s) is a single, widowed, divorced worker or for other serious reasons a lonely person who does not live with a spouse (species), is a beneficiary of a partial invalidity pension and takes care of at least one unprovided child, the working-time condition shall be deemed to have been fulfilled if the gross earnings in the calendar month are at least 400 Kns. Paragraph 23 of the third sentence shall apply mutatis mutandis. ';
5. Paragraph 22 (2) (a) reads as follows:
"(a) the period of temporary incapacity for sick or accident, quarantine, maternity leave, other maternity leave and absence of work due to the care of a child under the age of 10 years or the treatment of a sick family member;"
6. Paragraph 22 (2) (h) reads as follows:
"(h) the period of leave by the excused organisation for another reason,"
7. in Article 22 (2), the provisions of point (i) are deleted;
8. In Section 23, the second sentence is: "If the worker with a changed working capacity, the worker referred to in Section 21 (3), or the worker who looks after at least one uninsured child, the gross earnings in the calendar month are required to be at least 400 CZK. '
9. Article 24 (2) reads as follows:
"(2) If there is an uninsured child over one year of age who, according to the decision of the social security authorities, is suffering from a long-term disability and requires exceptional care, a supplement shall be granted for child benefits of:
(a) 500 CZK per month; or
(b) 700 CZK per month, if it is for a child who requires extra care.
The condition is that the child is not placed in a weekly or year-round residence for such children, and that there is a surcharge in accordance with point (b) or a daily stay. The supplement referred to in point (a) shall apply if the child does not fulfil the conditions for the supplement referred to in point (b) only because he is placed in a daily establishment. ';
10. In Article 27 (2), the following shall be inserted in the first sentence after the words "for reasons of treatment": "where appropriate, for the performance of compulsory schooling or preparation for future professions."
Transitional provisions
(1) A co-worker who has not been granted cash sickness and maternity and child security benefits only because, under the rules in force before 1 October 1988, he has not complied with the conditions for participation in such security shall, from the date of application of this law, be entitled to cash sickness and child security benefits if the conditions for participation in such security would have been fulfilled in accordance with the provisions in force after 30 September 1988. Cash benefits shall then be paid to the extent and under the conditions laid down in the rules on the security of cooperative peasants in sickness and on the security of the mother and child.
(2) The competent social security authority shall, by 30 September 1989 at the latest, assess which of the children, who were recognised as disabled before 1 October 1988 and requiring permanent care under the previously applicable rules, fulfils the condition for the recognition of a child with a long-term disability and who require exceptional care with a supplementary allowance of 700 Kčs per month.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text
(a) Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as is apparent by the laws amending it and supplementing it;
(b) Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as is apparent by the laws amending it and supplementing it.
Efficacy
This Act shall take effect on 1 October 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
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Regulation Information
| Citation | Act No. 103 / 1988 Coll., on changes in sickness insurance |
|---|---|
| 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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