Act No. 107 / 1971 Coll.
Maternity allowance law
Valid
Effective from 20.10.1971
107
THE LAW
of 8 October 1971
on the maternity allowance
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Purpose of the law
In order to improve population development, a maternity allowance is granted to women when they are taking care of children and have no income from work at this time, according to other provisions of this law.
Conditions of entitlement and duration of maternity allowance
(1) A woman is entitled to a maternity allowance for a child under one year of age.
(2) A woman shall be entitled to a maternity allowance for a child under the age of two, if she is a child born before 1 January 1988, and for a child under the age of three, if she is a child born after 31 December 1987, provided that:
(a) caring for another child who is old enough to complete compulsory education or a child under 26 who is continuously preparing for a future profession of study or prescribed training; 1) or is disabled and requires permanent care; or
(b) is an invalidity child requiring permanent care; or
(c) it is a child who has been taken into permanent care replacing maternity care; or
(d) she is a single, widowed, divorced or for other serious reasons a lonely woman who does not live with a species; or
(e) is a woman whose spouse is continuously preparing for a future occupation through study or prescribed training, (1) or is a beneficiary of an invalidity pension and is not employed.
(3) Entitlement to the maternity allowance referred to in the preceding paragraphs shall be granted to a woman only if:
(a) care for the child to whom the maternity allowance is due on a full day-long basis, if, before his birth, he has undergone regular care of pregnant women in medical institutions, the child is a national citizen of the Czechoslovak Socialist Republic and lives on its territory; and
(b) properly nurtures all other children (paragraph 2 (a)) and these children live in the territory of the Czechoslovak Socialist Republic.
For the purposes of this Act, a child shall be understood to be the child of a woman or of a child who has been taken into permanent care replacing maternity care. A child who has been taken into custody by decision of the competent authority, the child whose mother has died and the child of the spouse who has been entrusted to him by decision of the court shall be regarded as being taken into permanent care as a foster child.
(1) A maternity allowance is granted only if, at the time of childcare, a woman is not entitled to a salary (salary, salary, other income from a gainful activity) or does not receive cash benefits from sickness insurance (sickness insurance, maternity and child security, occupational sickness care), replacing the salary or contribution before the new employment takes place, *) pre-employment allowance * *) or pre-employment allowance during the period of training. * * *)
(2) However, where a woman receives sickness, maternity allowance or allowance prior to the start of a new job, pre-employment allowance or pre-employment allowance for the period of training, an amount lower than that of the maternity allowance, and otherwise fulfils the other conditions for entitlement to the maternity allowance, she shall be granted a maternity allowance equal to the difference between that allowance and that allowance and, where appropriate, the pre-employment allowance, the pre-employment allowance or the allowance for the period of preparation for the occupation.
(3) Where a woman is unmarried, widowed, divorced or for other serious reasons lonely who does not live with a species, the maternity allowance shall be payable even if the woman is employed if the child to whom the maternity allowance belongs could not, for serious reasons, be placed in a nursery (at the nursery) and the woman otherwise provided the child with the necessary care for his or her expense by a person other than the parents or grandparents of the father or mother of the child.
(1) If the maternity allowance is granted under Paragraph 2 (2) (a), it shall be due at the latest until the date on which the child reached the age of two or three, even if after the birth of the child another child died, completed compulsory education or preparation for the future occupation, reached the age of 26, ceased to be disabled or the need for permanent care ceased.
(2) If the child to whom the maternity allowance is granted is a child, or a woman, for health reasons, is in constitutional care for more than three months, the maternity allowance shall not be granted from the fourth month onwards. However, the competent authority (§ 11) may, for serious reasons, decide to continue to grant the maternity allowance.
Maternity allowance and payment
(1) The maternity allowance shall be for the calendar month:
(a) 600 Ccsi, where a woman looks after one child to whom the maternity allowance belongs,
(b) 800 Kčs, where a woman looks after a child to whom the maternity allowance belongs, and at the same time takes care of at least two other children referred to in § 2 (2) (a);
(c) 900 Ccsi, where a woman takes care of two children to whom the maternity allowance belongs,
(d) 1 300 Cds, where a woman looks after three or more children to whom the maternity allowance belongs.
(2) Where there is a change in the number of children to whom the maternity allowance belongs and, where appropriate, taken into account for the purposes of determining the amount, the amount of the maternity allowance shall be adjusted as from the day following that change, according to the number of children to whom the woman continues to care; This is without prejudice to the provisions of Paragraph 5 (1).
(3) If the maternity allowance is payable only for part of a month, the daily amount shall be:
20 Cds of the sum of 600 Cds,
26 Cds of the sum of 800 Cds,
30 Cds of the sum of 900 Cds,
43 Cds of 1 300 Cds.
(4) The maternity allowance is paid monthly in arrears.
Modification and reimbursement of the maternity allowance
(1) Where the facts relevant to the entitlement to or the amount of the maternity allowance change or fall, or where the maternity allowance has been granted on the basis of an error, the maternity allowance shall be withdrawn or reduced or the payment of the maternity allowance shall cease on the date on which one of those reasons for such measures occurred; However, if the maternity allowance has already been paid, the withdrawal, reduction or cessation of payment shall take place from the day following the last day for which the allowance has already been paid. An increase in the maternity allowance shall be made from the date on which it is due, provided that the entitlement to the maternity allowance for each calendar month is not barred.
(2) If the woman has caused the maternity allowance to be paid unjustly or to an incorrect amount, she shall be obliged to repay the allowance; This is particularly true if the contribution has attracted, withheld or failed to fulfil any other serious obligation imposed by this law. The body responsible for deciding on the grant or withdrawal of the maternity allowance shall decide on the obligation to repay the excess (Section 11). An appeal may be brought before the Regional Court against the decision on the obligation to repay the excess which was given in the appeal proceedings. 7) Amounts wrongly received, if the woman is obliged to repay them on the basis of an enforceable decision, may also be deducted from the maternity allowance normally paid or subsequently granted, or from the salary or other income of employment; the provisions on amounts which cannot be confiscated in the course of the execution of judgments by a wage deduction apply mutatis mutandis. *)
(3) Repayment of amounts unduly paid or wrongly paid may be requested no more than one year from the date on which the competent authority finds that the maternity allowance has been paid unjustly or at an incorrect rate but no more than three years after its payment.
Limitation of entitlement to the maternity allowance
The entitlement to a maternity allowance for a calendar month shall be limited by one year from the last day of the month for which the allowance was due.
Reimbursement
Expenditure incurred in providing the maternity allowance shall be borne by the State.
Organisation and management
Application of entitlement
(1) Entitlement to the maternity allowance
(a) workers in employment and women who are involved in sickness insurance as a worker with an organisation carrying out their sickness insurance;
(b) members of cooperatives in which membership also involves a working relationship, of cooperatives in which they are active;
(c) active-duty soldiers, members of the National Security Corps and members of the Correctional Education Corps of the institutions carrying out their sick care;
(d) other women with a competent authority.
(2) If a woman has two or more jobs (work activities), she shall claim a maternity allowance from the organisation in which she achieved the highest earnings.
Maternity authorities
(1) The maternity allowance is decided by the authority responsible for carrying out the sickness insurance of which the woman is a participant (sickness insurance, occupational sickness care); the rules on sickness insurance (sickness insurance, occupational sickness care in the armed forces) apply mutatis mutandis to the decision on the maternity allowance, the proceedings and the payment thereof.
(2) In other cases, the mother contribution is decided by the competent national authority (Paragraph 10 (1) (e)); it shall proceed in accordance with the administrative rules. The maternity allowance shall be paid by the competent State authority no later than the end of the calendar month following the month in which the conditions for entitlement to the allowance have been fulfilled.
(3) The rules on occupational sickness insurance shall apply mutatis mutandis to the tasks of the establishments and sickness insurance authorities as well as to the reporting, settlement and payment of the maternity allowance between establishments and sickness insurance authorities.
(4) Social security authorities assess the invalidity for the purposes of this Act.
Obligations of the entitled woman
(1) A woman claiming a maternity allowance is required to certify the facts required to decide on the maternity allowance.
(2) A woman is required to report any changes in the facts which are relevant to the entitlement to or termination of the maternity allowance or to the amount and payment of the maternity allowance, no later than 15 days from the date on which the change occurred.
Synergies between health care institutions, school and childcare bodies
In their field of competence, health care establishments, educational authorities and bodies responsible for the care of children and youth shall report to the authorities responsible for deciding on the right to a maternity allowance on the circumstances relevant to the establishment and duration of the right to maternity allowance.
Provision of a male contribution
(1) A single, widowed, divorced or for other serious reasons a lonely man who does not live with a partner also has the right to a contribution under this law.
(2) The institution referred to in Paragraph 14 may grant a contribution to the spouse of a woman who cannot, for serious reasons, care for the child.
(3) The other provisions of this law shall apply mutatis mutandis to the grant, amount and provision of the allowance.
Elimination of hardness
(1) The hardships that would arise in the implementation of this Act may be removed, if they are soldiers in active employment, by members of the National Security Corps and by members of the Correctional Education Corps, by the authorities responsible for the removal of hardships in the armed forces' medical care sector and, in other cases, by the national authorities designated by the laws of the National Councils.
(2) No appeal shall be admissible against the decision referred to in the preceding paragraph.
Transitional and final provisions
(1) The maternity allowance under this Act is due from 1 October 1971 and replaces the maternity allowance granted under the existing rules.
(2) Women who, on 1 October 1971, take care of a child under two years of age and fulfil the other conditions laid down in this Act shall be granted a maternity allowance from that date for the period laid down by that Act. The contribution shall be granted even if the fact referred to in Paragraph 5 (1) occurred before that date.
(3) In the course of pregnancy, regular care of pregnant women in health care establishments (§ 3 (1)) is not required if the child is born before 1 April 1972.
The Federal Ministry of Labour and Social Affairs may, in agreement with the competent central authorities, provide details of the implementation of this Act, in particular how entitlement to the maternity allowance is claimed and reported, settled and paid.
Act No 154 / 1969 Coll., on maternity allowance, is hereby repealed.
This Act shall take effect on the day of its publication.
Freedom v. r.
Dr. Hanes v. r.
Dr Strougal v. r.
1) § 1 and 2 of the Ordinance of the Central Council of Trade Unions No. 95 / 1968 Coll., on the grant of allowances for children in sickness insurance, as amended by the Ordinance of the Central Council of Trade Unions No. 78 / 1984 Coll.
*) Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance. Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, as amended by Acts No. 141 / 1965 Coll., No. 118 / 1967 Coll., No. 89 / 1968 Coll., No. 161 / 1968 Coll. and No. 71 / 1970 Coll. Decree of the State Social Security Office, Central Council of Trade Unions and Ministry of Health No. 21 / 1965 Coll., on pension insurance, sickness insurance and preventive and medical care of certain citizens active in the provision of services. Regulations establishing for certain groups of workers participation in occupational sickness insurance, in particular Act No. 36 / 1964 Coll., on the organisation of courts and the election of judges, as published under No. 19 / 1970 Coll., and Act No. 57 / 1963 Coll., on Advocacy.
*) Decree No. 74 / 1970 of the Federal Ministry of Labour and Social Affairs, governing the release, placement and physical security of workers in connection with the implementation of rationalisation and organisational measures.
* *) § 72 of Act No. 101 / 1964 Coll., on Social Security, and § 94 of Decree No. 102 / 1964 Coll., implementing the Social Security Act.
* * *) § 72 of Act No. 101 / 1964 Coll., § 95 of Decree No. 102 / 1964 Coll., § 108 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, and § 78 of Decree No. 104 / 1964 Coll., implementing the Act on Social Security of Cooperative Farmers.
*) § 276 and subsequent Act No. 99 / 1963 Coll., Civil Code.
7) Article 244 et seq. of the Civil Code.
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Regulation Information
| Citation | Law No. 107 / 1971 Coll., on maternity allowance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.1971 |
|---|---|
| Effective from | 20.10.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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