What is Decree No. 104 / 1964 Coll.?

Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the law on the security of cooperative peasants in sickness and on the security of the mother and child — Decree of the State Social Security Office implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child.

When it became Decree No. 104 / 1964 Coll. effectiveness?

Decree No. 104 / 1964 Coll. became effective 01.07.1964.

Is Decree No. 104 / 1964 Coll. still valid?

Yes, Decree No. 104 / 1964 Coll. is still valid and effective.

Decree No. 104 / 1964 Coll. - Decree of the State Social Security Offi...

104

DECLARATION

State Social Security Office

of 8 June 1964

implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child

The State Social Security Office, in agreement with the Ministry of Agriculture, Forestry and Water, with the Central Council of Trade Unions and other participating central authorities pursuant to Section 144 of Act No. 103 / 1964 Coll., on the Protection of the Disease and Security of the Mother and Child ("the Act '):

Preliminary provisions

§ 1

Release from work

(a) on grounds of study;

(b) when granting an old-age or invalidity pension; or

(c) which is due to the fact that the cooperative cannot carry out the work for other important reasons and the cooperative has therefore provided him with leave under Paragraph 128 (1) of the Labour Code, if the period of leave was longer than one year;

for the purposes of sickness and maternity and child security, it shall be considered as if the cooperative should not have done the work under the agreement on working conditions for the cooperative.

Oddíl první

Common provisions for sickness, support for family care, compensation for pregnancy and maternity and maternity assistance

§ 1a

Revenue from work

Article 9 and 22 of the Act

(1) The following shall be included in the income from work to calculate the average daily wage:

(a) basic remuneration, including allowances and allowances for such basic remuneration;

(b) the premiums and fees paid for the results of the cooperative's work;

(c) in kind. 1)

(2) The following shall not be included in the occupational income for the calculation of the average daily pay:

(a) remuneration paid under the rules on discoveries, inventions, improvements and industrial designs; (2) the remuneration for the development, testing or introduction of the discovery, invention, improvement or industrial design, as well as the remuneration for the warning of the use of the invention or improvement proposal already used in another organisation3);

(b) in-kind benefits, financial compensation for non-recovered benefits and other benefits, provided that the income in question belongs to a member of the cooperative even at the time of incapacity for work;

(c) shares in economic results;

(d) annual remuneration (annual premium) to managers provided under generally binding provisions on remuneration or intra-cooperative provisions on remuneration and on the material participation of managers, provided that their amount is not fixed at a percentage of the basic remuneration achieved for the calendar year;

(e) stabilisation and recruitment fees (contributions),

(f) compensation for the remuneration of members of the cooperative for the period during which they had not worked (e.g. for a vacation for recovery) and compensation for the unpaid leave for the recovery;

(g) sickness and maternity benefits or other similar benefits, including maternity benefits;

(h) reimbursement of service expenses (reimbursement of travel and removal expenses, severance payments, overheads, etc.),

(ch) compensation for damage (e.g. accidents at work and occupational diseases);

(i) income which would not be included in the worker's deductible earnings because they were partly exempt from payroll tax, 1)

(j) wage compensation and other cash benefits provided for the release and transfer of workers into mining or for the implementation of rationalisation and organisational measures.

Average daily wage

Article 9 and 29 of the Act

§ 2

(1) The average daily wage shall be calculated on the basis of the total deductible revenue referred to in paragraph 1a (hereinafter referred to as "deductible revenue") and settled in the cooperative during the relevant period. The period shall, unless otherwise specified, be the calendar year immediately preceding the establishment of the entitlement to sickness and maternity benefit.

(2) If a member of the cooperative has entered the cooperative only during the calendar year preceding the establishment of the entitlement to benefit, the period shall be the period of entry into the cooperative until the end of that calendar year.

(3) Where a member of the cooperative has not worked in the relevant period under the previous paragraphs at least:

(a) 70 days if the weekly working hours are set out in 5 working days or unevenly, or if the working hours are set out in less than 5 working days per week;

(b) 80 days if the weekly working time is more than 5 working days;

the period shall be extended until the end of the accounting period immediately preceding the establishment of entitlement to the benefit. The day worked shall be considered the day on which the cooperative worked to the extent set out in Paragraph 22 (1), took a replacement leave for overtime or had an unexcused absence of work.

(4) If a member of the cooperative has entered the cooperative during the current calendar year, the period shall be the period of entry into the cooperative until the end of the accounting period immediately preceding the establishment of the entitlement to benefit.

(5) If a member of the cooperative has ceased work and has restarted work on the next subsequent working day, the relevant period shall be considered as if the previous work would still take place.

(6) As at the time of joining the cooperative, the relevant period shall be assessed if a member of the cooperative has reached an agreement.

(a) to take up work after the continuous preparation for the future occupation;

(b) reentering work after leaving public office for at least one year, basic (replacement) military services, other maternity leave, provision of cash assistance or allowance under the Law on the maternity allowance of a man and the execution of a custodial sentence;

(c) to change the method of remuneration, consisting of a member of the cooperative remunerated by an hourly basic remuneration being remunerated by a monthly basic remuneration or vice versa;

(d) to change the way in which remuneration is to be paid in the course of the transition to mixed or share basic remuneration from another form of basic remuneration and vice versa;

(e) to transfer to another work in connection with the imposition of a penalty for corrective action, (4) to a prohibition of action (5), or upon return from it after the end of such sentence;

(f) the creation of sickness and maternity and child security.

(7) In the event of a permanent change in the basic wage (6), deductible revenue is collected

(a) a member of the cooperative with a monthly basic wage on the new basic salary and separately from other deductible income;

(b) a member of the cooperative with an hourly basic wage on new commonly settled monthly deductible income and separately from other deductible income.

In order to determine the new commonly settled monthly deductible income of a member of the cooperative with an hourly basic wage, the period shall begin from a permanent change in the basic wage and shall end in the same way as the period referred to in the preceding paragraphs. In order to determine the other deductible revenue referred to in points (a) and (b), the period of the period laid down in the preceding paragraphs shall be the period of time, irrespective of the permanent change in the basic salary.

(8) If a member of the cooperative has been granted a compensatory allowance in pregnancy and maternity for part of the relevant period, the average daily wage shall be determined only for the remainder of the relevant period.

(9) If a member of a cooperative has not worked within the relevant period the number of days referred to in paragraph 3 or if his incapacity for work has already occurred in the calendar month in which he joined the cooperative or in which the case referred to in paragraph 6 occurred, the sickness benefit shall be determined on the basis of probable deductible income.

(10) Likely deductible income shall be collected if the incapacity for work has already occurred in the calendar month in which the member of the cooperative entered the cooperative or in which the case referred to in Paragraph 2 (6) occurred at the date of the incapacity. Where the incapacity for work was first established in the next settlement period, the likely deductible income shall be determined for the period up to the end of the accounting period preceding the date of the incapacity for work.

(11) Likely deductible income shall be collected from deductible income which a member of the cooperative has achieved in the period referred to in the preceding paragraph, adjusted where appropriate to the deductible income of the members of the cooperative performing the same or similar work in the cooperative. Likely deductible income shall be reduced proportionally to the number of working days for an undeclared absence of work, in proportion to the number of days of undeclared absence of work in the period from which it is ascertained (§ 3 (1)).

(12) Once the likely deductible income is determined in the manner set out in the preceding paragraphs, it shall be used until a member of the cooperative has completed the number of days referred to in Paragraph 2 (3) within the relevant period, unless there is a permanent change in basic remuneration, cases considered as joining the cooperative or a change in working time. In cases where, due to the length of the period for which certain other components of income are provided in the cooperative, the deductible income determined after the processing of the number of days referred to in Paragraph 2 (3) is less than the likely deductible income previously determined under the preceding paragraphs, the likely deductible income shall be used until the end of the calendar year; This is without prejudice to the provisions of § 2 (6) and (7).

§ 3

(1) The average daily wage shall be determined by dividing the sum of the deductible income for the relevant period or part thereof (Section 2) by the number of working days corresponding to that period, after rounding up to the full crown; However, from that number of working days, the working days for which sickness or support was granted for the treatment of a member of the family or of a co-worker shall be deducted from the compensatory allowance in pregnancy and maternity, the maternity allowance, or, where applicable, the additional maternity leave, the working days for which the co-worker was granted cash assistance or allowance under the maternity allowance law, the working days and holidays for which the co-worker was entitled to compensation for the remuneration, the working days missed for the justification of the work, and, in cases where the occupational incapacity arose after the death of the mother and child's security (within a protective period), also after the termination of that security. However, the number of days dividing by the sum of deductible revenue shall include the days for which the cooperative had, instead of an overtime allowance, a replacement leave for work above the fixed weekly working hours.

(2) If the cooperative worked temporarily for another organisation, (2) it shall be deducted from the number of working days divided by the total of deductible income for the relevant period, including the working days on which the cooperative worked in another organisation.

(3) For the calculation of the average daily pay, all days shall be considered working days which are working days under the generally applicable rules; working days are equal to working days and holidays for which compensation is granted to workers.

(4) Where a member of the cooperative has been cleared in the relevant period to pay the deductible annual premium or annual remuneration due for the calendar year immediately preceding the year in which it was cleared, the average shall be determined separately from the other deductible revenue by dividing the deductible annual premium or annual remuneration by the number of working days (paragraph 1) in the calendar year for which it belongs. This average shall be added to the average determined in accordance with the preceding paragraphs from deductible revenue less this annual premium or annual remuneration. Where two such annual premiums or annual remuneration have been settled in the relevant period, the sum of the two annual premiums or annual remuneration shall be divided by the number of working days (paragraph 1) in the calendar years for which they are due.

(5) In the event of a change in working time, the deductible revenue shall be determined, as in the case of a permanent change in the basic wage, with the difference that the amount of other deductible revenue settled before the change in working time shall be adjusted in proportion to the new and earlier working time.

(6) The amount of 150 CZK fixed as the maximum average daily wage for determining the amount of the sickness allowance (Sections 9 (1) and 14 of the Act) and monetary assistance in maternity (Section 22 (1) of the Act) and monetary assistance (Section 27 of the Law) or as the maximum income per working day for determining the compensation allowance in pregnancy and maternity (Section 19a (3) of the Act) applies during a five-day working week. This amount shall be adjusted proportionately if the working time is allocated to a different number of working days per week. Similarly, the adjustment of cash benefits is carried out in the run-up to sickness and maternity and child benefits (Section 29 (2) of the Act).

(7) In the case of a cooperative who has been transferred to another work in connection with pregnancy or maternity and who has become incapacity for work at the time of such transfer, the sickness allowance shall be determined on the basis of the sum of the deductible income charged at the date of transfer, if this is more favourable to her; If such a cooperative has had a change in working time, the deductible income shall be adjusted in proportion to the new and earlier working time.

(8) If a cooperative who, in addition to working in a cooperative, is employed in mining with a permanent place of work under the ground in deep mines, in coal quarries and in shelters, (3) the conditions for entitlement to sickness insurance under the rules applicable to workers must not be higher than if it had been calculated from the amount of CZK 180. If the sum of the average daily wage and the net daily wage of that mining job exceeds 180 CZK per day, an amount in excess of 180 CZK shall be deducted from the average daily wage in calculating the sickness benefit from the security of cooperative peasants in sickness and the security of the mother and child. This is also the case if the other cash benefits referred to in Section 29 of the Act are concerned.

§ 3a

Sickness in spa care

Articles 8 (5) and 10 of the Act

(1) A co-worker who has received spa care from sickness insurance during the period of leave for recovery shall be granted sickness treatment for working days during which the spa period is longer than the total period of leave due to him in the calendar year in which he is granted spa care. However, the sickness allowance shall not be granted for working days for which the cooperative has a reduced leave in the calendar year for reasons which he himself has caused, (4) or for working days corresponding to the number of days of leave which the cooperative has received for other purposes before the start of the spa care. In addition, sickness insurance shall not be granted on working days corresponding to the number of days of leave that the cooperative has received before joining the cooperative in the previous cooperative or other organisation, or on days of leave for which he has been compensated for the outstanding leave.

(2) The sickness benefit is granted at an amount otherwise due to the cooperative from the fourth working day of incapacity for work.

Oddíl druhý

Special provisions for sickness security benefits

K § 7 to 16 and § 29 of the Act

Disability and support for family care

§ 11

K § 12 and 37 of the Act

The employment of an old-age pensioner in which a pension is provided in accordance with the Special Regulations 5) does not result in a withdrawal period.

§ 12

(1) A member of a cooperative who has been dismissed from an essential or similar service in the armed forces as incompetent work shall be granted sick leave from the day following that on which he was discharged from the armed forces; Support periods shall be calculated from the beginning of incapacity for work incurred during the period of service in the armed forces.

(2) A member of a cooperative who has been discharged from a basic or similar service in the armed forces and has become incapacitated after the service has ceased before being able to resume his work in the cooperative shall be granted sick leave from the date of proven incapacity for work, if it has occurred no more than six weeks after the date of release.

(3) The average daily remuneration of members of cooperatives referred to in paragraphs 2 and 3 shall be determined in accordance with the procedure laid down in Paragraph 2 (9).

(4) The provisions of the preceding paragraphs shall also apply to the member of the cooperative whose security has ended, but at least on the day on which the call order was delivered to him or the order containing the collective call order concerning him was published.

(5) The provisions of paragraphs 1 to 4 apply mutatis mutandis to members of the cooperative after the termination of the civil service.

§ 12a

(1) An accident at work in respect of the provision of sick leave is an accident which is considered to be an accident at work under social security rules. 7)

(2) The first incapacity arising from an accident at work shall be regarded as being a work incapacity arising from Article 8 (3) and Article 10 (2) of the Act as an immediate result of an accident at work. If, after the termination of that incapacity for work, the cooperative has entered work and has become incompetent again within two months of such recruitment, and if the second incapacity is based on a medical opinion as a result of the same accident at work, it shall be deemed to be the continuation of the original incapacity for work arising from the accident at work.

§ 13

Where the payment of the sickness allowance is made without interruption to the payment of the maternity allowance, the sickness allowance shall be determined from the average daily salary which was the basis for determining the maternity allowance.

§ 14

The sickness and the support for the treatment of a family member shall not be subject to a quarantine or for the treatment of a family member on working days up to a period for which a member of the cooperative is not entitled to a remuneration other than for incapacity.

§ 15

(2) The sickness allowance for active tuberculosis is granted from the beginning of the second month of the period of incapacity for active tuberculosis for the period during which the cooperative is unable to work for that reason, but no longer than until the end of the support period, or until the end of the period for which he was allowed to extend the sickness payment pursuant to Article 8 (4) of the Act.

§ 15a

(1) A member of a cooperative who has temporarily worked for another organisation (2) and who is entitled to sickness benefits under the rules applicable to workers shall only be entitled to sickness benefits under the rules on security in the disease of cooperative peasants if the sickness is higher, in excess of the sickness benefits provided under the rules applicable to workers. However, if the sickness payment has ended only because the period of support provided for in those rules is shorter than the period of support provided for in the rules on security in cooperative farmers' disease and has expired, it shall be granted in full from the end of the sickness payment provided until now under the rules applicable to workers under the rules on security in cooperative farmers' disease.

(2) If a student or a student who is a member of a cooperative begins to work in a cooperative during or for part of the school holidays, the sick leave of that activity shall be granted at the latest until the end of the school holidays in the event of incapacity for work; after the end of the school holidays is provided only if the incapacity for work (quarantine) also prevents the study, taking up employment or working in the cooperative after completion of the study.

§ 15b

The treatment of a family member who has given birth shall be assessed in the same way as the treatment of a sick family member if the treatment is at the time immediately following the birth.

Article 17 of the Act

§ 15 c)

Funeral

The death grants shall also be granted if a member of the family of the cooperative dies during the period during which the cooperative is serving in the armed forces, with the exception of that professional service.

Oddíl třetí

Special provisions for mother and child security benefits

§ 16a

Compensation for pregnancy and maternity

K § 19a of the Act

(1) In pregnancy, a compensatory allowance is granted if the pregnant cooperative is transferred to another job because the work she had previously undertaken,

(a) is prohibited under labour law for pregnant women *); or

(b) according to a medical opinion given in the manner specified in the health care regulations, pregnancy is at risk for the health reasons inherent in her person * *)

and, in the work to which it has been transferred, reaches a lower income than before the transfer without fault.

(2) In motherhood, a compensatory allowance shall be granted if the cooperative is transferred to another work in the period up to the end of the ninth month after birth, as the work previously carried out,

(a) is prohibited under labour law from mothers until the end of the ninth month after birth *); or

(b) according to a medical opinion given in the manner specified in the health care rules, it endangers its health or maternity mission for the health reasons inherent in it * *)

and, in the work to which it has been transferred, reaches a lower income than before the transfer without fault.

(3) As a transfer to other work referred to in paragraphs 1 and 2, it shall also be assessed - even if there is no change in the type of work - the adjustment of working conditions consisting of:

(a) reducing the standard work performance (e.g. reducing the number of farmed animals treated, reducing the working rate, introducing necessary breaks at work) to eliminate the causes which would prohibit such work from pregnant women and mothers until the end of the ninth month after birth, or which, according to a medical assessment, threaten pregnancy of a woman or her health or maternity leave for health reasons inherent in her person, but not in shortening the working time;

(b) that a pregnant woman or mother shall be exempt from certain work activities which she has previously performed, by the end of the ninth month following birth, from those which are prohibited from pregnant women and mothers by the end of the ninth month after childbirth or which, according to a medical opinion, threaten the pregnancy of a woman or her health or maternity leave for health reasons inherent in her person; if, by the end of the ninth month following the date of birth of the pregnant woman or mother, there is a reduction in the working time of the said work, such adjustment of the working conditions cannot be regarded as a transfer to another work;

(c) in the transfer of a pregnant woman or mother by the end of the ninth month following birth to another place of work, on the grounds that her current workplace (job) is one which is prohibited from pregnant women and mothers until the end of the ninth month after birth, or that commuting to an existing workplace (job) endangers the pregnancy of a woman or her health or maternity mission, according to a medical assessment;

(d) that the pregnant woman or mother is relieved of night work by the end of the ninth month after birth.

(4) The average working income of the cooperative shall be collected for the period and in the manner laid down for the determination of the average daily wage (Sections 2 and 3).

(5) The work income achieved by the cooperative in each calendar month following the transfer to another work shall be that referred to in Section 1a. The average daily working income achieved following the transfer of the cooperative to another work shall be calculated by dividing the sum of the working income achieved in the calendar month by the number of working days attributable to that month; If the cooperative has been transferred to another work during a calendar month, the total of the working income achieved in that month after transfer to another work shall be divided by the number of working days corresponding to the remainder of the month following transfer to another work. However, from this number of working days, the working days for which the sickness was due shall be deducted, the support for the care of the family member, the maternity allowance, the days and the holidays for which the compensation was due, the working days missed for an excused obstacle to work, and the days of absence of work.

(6) The compensatory allowance shall be for each working day or, where applicable, the day on which the remuneration is paid, and shall make the difference between the average daily wage calculated in accordance with paragraph 4 and the average daily wage calculated in accordance with paragraph 5. For the days for which the cooperative is entitled to compensation for the remuneration, the compensatory allowance shall be paid only if the compensation is lower than the earlier average income calculated in accordance with paragraph 4.

Cash maternity and childbirth support

Article 19 to 28 of the Act

§ 17

A precondition for entitlement to maternity aid and support at the time of the birth of the child is that birth has taken place; there are no claims for abortion. In order to assess whether there is a birth or abortion, the provisions on this in the field of preventive care treatment * shall apply mutatis mutandis.

§ 18

(1) Where the payment of monetary assistance in maternity is made without interruption to the payment of sickness benefits, the monetary assistance in maternity shall be determined from the average daily salary which was the basis for determining the sickness allowance.

(2) If a co-worker has entered a new maternity leave no later than the month after her previous child reached the age of three, and the co-worker has fulfilled the conditions for entitlement to maternity benefit on the date of birth of that child (§ 20 (3) to (5) of the Act), or on the date of taking over the child into permanent care replacing maternity care (§ 25 (1) of the Act), she shall be entitled to this allowance on a new maternity leave from the same average daily pay as in the previous maternity leave. The condition is that new maternity leave took place during the duration of membership of the same cooperative or within a withdrawal period. However, financial assistance for maternity shall also be provided for in the new maternity leave provided for in the general provisions on this allowance if, in the meantime, from the end of the previous maternity leave until the start of the new maternity leave, she has been working on the cooperative for at least 25 days and is more favourable to her.

(3) In the course of the procedure referred to in the preceding paragraph, the days of actual employment in the cooperative shall be equal to the days on which the cooperative was entitled to compensation for the remuneration, the days of recognised incapacity for sickness or accident, the days on which the support for the treatment of a member of the family, the working days of study and the working days on which the cooperative did not work for the performance of public duties or duties or for the quarantine ordered.

§ 18 a)

Support for the birth of a child shall also be granted if the member of the family of the cooperative gives birth during the period during which the cooperative operates in the armed forces with the exception of that professional service.

Child allowance

Article 30 to 35 of the Act

§ 19

Continuous preparation of the child for future occupation

(1) The continuous preparation of a child for a future profession after compulsory education is considered to be

(a) studies at secondary and higher education institutions (19), except for studies at work (evening, long distance, external, etc.), combined studies and studies for the duration of military basic service (replacement) or the duration of service of members of the armed forces and corps;

(b) training in specialised training courses;

(c) training training, 20)

(d) preparation for work applications in training facilities for citizens with altered skills 21) and in youth facilities requiring special care.

(2) The continuous preparation of the child for the future occupation referred to in points (a) and (b) of the preceding paragraph shall begin not earlier than the beginning of the first year of the school. If the pupil (student) began to perform his / her duties before that date, his / her continuous preparation for the future occupation begins on the day on which he / she began to fulfil those duties.

(3) The continuous preparation of a child for a future profession after compulsory education is also considered to be

(a) the period from completion of teaching in one school year to the beginning of the following school year if the child continues without interruption in further studies;

(b) the duration of school holidays immediately following the completion of the studies, unless the child has entered permanent employment or started another permanent activity;

(c) the period after the final completion of the final examination, but no later than the end of the following school year, if the child has not entered permanent employment before the end of that period or has not started other permanent employment;

(d) other study or teaching, if it is based on its scope and levels, as decided by the Ministry of Education of the Republic, on an equivalent study at the schools referred to in paragraph 1 (a).

§ 20

Compulsory education

The period of school holidays following the end of the school teaching period of the school year in which the child completes the last year of compulsory schooling, unless he / she has entered permanent employment at that time or has started other permanent work.

§ 22

(1) The working day shall be deemed to be the day on which the cooperative has worked throughout the working period resulting from the working conditions agreement; if he has not worked all this time, the remainder of the working time shall be considered to have been worked if the cooperative has excused his absence.

(2) The working time applicable to the calculation of the working day referred to in paragraph 1 shall be included for the purposes of child allowances and the time worked in parallel employment.

§ 23

(1) In the calendar month in which the cooperative entered or left the cooperative, the following periods shall be taken into account in order to meet the conditions of the working day and to complete the working time:

(a) the period during which cash sickness benefits are granted, replacing remuneration;

(b) the period of spa care;

(c) the duration of public duties, civil duties, other acts of general interest and services in the armed forces, as well as civil services, including the necessary time-out in connection with the service;

(d) the period during which he was constantly preparing for a future occupation (§ 19);

(e) the period during which he was a participant in another sickness insurance scheme under the conditions under which he would otherwise be entitled to child benefits, (3) where appropriate, receive pension benefits;

(f) the period during which he was kept on the national committee register as a candidate for employment. (4)

(2) It shall also be considered as working days after the termination of membership of another cooperative if the period during which the cooperative did not work does not exceed 15 calendar days; This shall apply mutatis mutandis to the days from the end of the employment, or to any other activity which justified the granting of child allowance or the retirement pension to which the education allowance was granted.

(3) In the month in which the cooperative entered or left the cooperative and in which he fulfilled the condition of working time and working days (including the days referred to in the preceding paragraphs), the child allowance is due, even if the security of the cooperative did not last for a whole month.

§ 24

(1) Where a cooperative receives child allowances to be provided from another security system, the provision of such allowances shall be stopped from the month in which it was found. Children's allowances for the preceding period shall not be regarded as overpayments unless they have exceeded the amount at which they would otherwise have been due for that period and if they have exceeded that period, only an amount in excess of the correct amount of child allowances shall be considered as overpayments; However, the condition is that the allowances were granted only once for the same child and that they have fulfilled their intended purpose.

(2) The provisions of the preceding paragraph shall apply mutatis mutandis where child allowances have been granted for children from the security of another cooperative or where allowances have been granted, although they have been paid for education.

§ 32

(1) The treatment of a long-term seriously disabled child requiring exceptional care or special care particularly demanding in a hospital for preventive care shall be considered as the placement of a child in an institution (s) for such children from the seventh month on.

(2) The placement of a child in an institution (establishment) for such children shall not be considered as a period of interruption of the child's stay in an institution (establishment) during a school holiday that lasts for a full calendar month.

(3) The child is in full direct custody of the institution (s) for the care of children or young people when provided by this institution (s) of eating, accommodation and dressing.

(4) However, the full direct provision of the child within the meaning of § 35b (1) of the Act does not constitute a daily or weekly stay of the child in an institution (establishment) for the care of children or youth.

§ 33

Allowances for grandchildren and siblings

Children's allowances shall belong to the grandson and sibling of a member of the cooperative or his spouse, provided that the conditions laid down for entitlement to children's allowances are met, provided that the member of the cooperative has a grandson (siblings) in direct care and that no child allowance (education) can be granted from the child's child's security (insurance).

§ 33a

Coefficient of allowances and education in the same family

(1) If, in the same family, there are certain children of the cooperative or of his spouse's retirement allowance and other child allowances, a supplement to the amount of the allowance which would otherwise belong to all those children shall be granted at the request of the cooperative or of the cooperative. the condition for such a procedure is that the child on whom the education allowance is granted otherwise fulfils the conditions laid down for the grant of child allowances.

(2) If the entitlement to a pension has ceased to exist and the child has been granted an allowance for the part of the calendar month for which the conditions for the grant of the allowance for that child have also been fulfilled, the allowance shall be reduced by the part of the allowance payable for that month.

§ 34

Child allowance in other cases

The competent authority may, on a case-by-case basis:

(a) grant allowances for children who, after leaving compulsory education, could not, for serious reasons, be admitted to a secondary school or to a special vocational training centre or to a job (permanent working in a cooperative), if they are fully dependent on the provision to the cooperative, but no later than the end of the school year immediately following the end of compulsory education;

(b) to grant child support from the security of a cooperative who has a child in direct custody, even if he is not within the scope of the Qualifying heading, if the creditor agrees to this procedure and does not receive the allowance himself, and if such procedure is for the benefit of the child; the consent of the creditor is not necessary if it is demonstrated that it does not regularly fulfil the conditions for the grant of child allowance, in particular the condition for the processing of a specified number of working days, thereby threatening the smooth delivery of allowances.

§ 35

Children's allowances abroad

(1) Children's allowances shall be granted and paid to the cooperative if the conditions laid down are met, and to children who stay abroad:

(a) the temporary stay of a child outside the territory of the Czechoslovak Socialist Republic for the purposes of healing, recreation or study;

(b) if the child is accompanying his parent who is abroad for a transitional period; or

(c) where the provision of child allowance is agreed by the Interstate Convention.

(2) Recruitment of a child abroad as referred to in paragraph 1 shall mean temporary stay outside the territory of the Czechoslovak Socialist Republic, which shall not last more than three consecutive calendar months; the residence of a child outside the territory of the Czechoslovak Socialist Republic lasting continuously longer shall not be considered as recreation starting with the fourth full calendar month spent abroad.

§ 36

Concentrations of entitlements

Citation	Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the law on the security of cooperative peasants in sickness and on the security of the mother and child
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.06.1964
Effective from	01.07.1964
Effective until	-
Status	Valid

Decree No. 104 / 1964 Coll.

Decree of the State Social Security Office implementing the Law on the security of cooperative peasants in sickness and on the security of the mother and child

Contents

§ 1