Act No. 108 / 2006 Coll.
Social Services Act
Valid
Effective from 01.01.2007
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST DRUHÁ
HLAVA I
§ 7
§ 8
§ 8a
§ 9
§ 10
HLAVA II
§ 11
HLAVA III
§ 12
HLAVA IV
§ 13
§ 14
§ 14a
§ 15
§ 16
§ 17
HLAVA V
§ 18
§ 19
§ 20
HLAVA VI
§ 21
§ 21a
§ 22
HLAVA VII
§ 23
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
HLAVA VIII
§ 29
HLAVA IX
§ 30
ČÁST TŘETÍ
HLAVA I
Díl 1
§ 32
§ 33
§ 33a
§ 34
§ 35
§ 36
Díl 2
§ 37
Díl 3
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
Díl 4
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 70a
Díl 5
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
HLAVA II
Díl 1
Oddíl 1
§ 78
§ 79
§ 80
§ 80a
§ 81
§ 81a
§ 82
§ 82a
§ 82b
§ 83
§ 84
Oddíl 2
§ 85
§ 86
§ 87
Díl 2
§ 88
§ 89
§ 89a
Díl 3
§ 90
§ 91
§ 91a
§ 91b
§ 91c
Díl 4
§ 92
§ 93
§ 93a
§ 94
§ 95
§ 96
§ 96a
ČÁST ČTVRTÁ
HLAVA I
§ 97
§ 98
§ 99
HLAVA II
§ 99a
§ 99b
ČÁST PÁTÁ
§ 100
§ 100a
ČÁST ŠESTÁ
§ 101a
§ 102
§ 103
§ 104
§ 105
§ 105a
ČÁST SEDMÁ
§ 106
§ 107
§ 108
ČÁST OSMÁ
HLAVA I
§ 109
§ 110
HLAVA II
§ 111
ČÁST DEVÁTÁ
§ 115
§ 116
§ 116a
§ 117
ČÁST DESÁTÁ
§ 117a
§ 117b
§ 117c
§ 117d
§ 117e
ČÁST JEDENÁCTÁ
HLAVA I
§ 119
HLAVA II
§ 120
HLAVA III
§ 121
§ 122
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108
THE LAW
of 14 March 2006
on social services
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
(1) This Act regulates the conditions for the provision of assistance and support to natural persons in an unfavourable social situation (hereinafter referred to as "the person ') through social services and the care allowance, the conditions for the authorisation to provide social services, the exercise of public administration in the field of social services, the inspection of the provision of social services and the conditions for the exercise of activities in social services.
(2) This law also regulates the conditions for the pursuit of the occupation of a social worker where he is active in social services or under specific legislation in the field of assistance in material distress, housing aid, the provision of national social assistance, the social protection of children, schools and educational establishments, health service providers, prisons, foreign security facilities, asylum facilities and an integration social enterprise.
(3) This law applies to legal relationships which are not covered directly by the applicable European Union54).
Basic principles
(1) Each person is entitled to receive free basic social advice (Paragraph 37 (2)) on the possibilities of dealing with or preventing an adverse social situation.
(2) The scope and form of aid and aid provided through social services must preserve the human dignity of persons. Assistance must be based on individual needs of persons, must act actively on persons, promote the development of their autonomy, encourage them to engage in activities that do not lead to long-term persistence or deepening of the adverse social situation, and strengthen their social inclusion. Social services must be provided in the interests of persons and in appropriate quality in such a way as to ensure that human rights and fundamental freedoms are always respected. Priority is given to the provision of social services which promote the residence of a person in its natural social environment.
Definition of certain terms
For the purposes of this Act:
(a) social services activities or a set of activities under this Act providing assistance and support to persons for the purpose of social inclusion or prevention of social exclusion;
(b) the adverse social situation of weakening or loss of capacity due to age, unfavourable health, crisis social situation, life habits and life-forms leading to a conflict with society, a socially disadvantaged environment, a threat to rights and interests by criminal activities of another natural person or, for other serious reasons, to address the situation arising in such a way as to promote social inclusion and protection against social exclusion;
(c) a long-term unfavourable state of health which, according to medical science, lasts or is expected to last more than 1 year and which limits the functional capabilities necessary for the management of essential living needs;
(d) the natural social environment of the family and social links to persons close to them (1), the household of the person and social ties to other persons with whom he shares the household, and the places where persons work, educate and carry out normal social activities;
(e) through social inclusion, a process which ensures that persons who are socially excluded or threatened with exclusion achieve opportunities and opportunities that help them fully engage in the economic, social and cultural life of society and live in a way that is considered normal in society;
(f) the social exclusion of a person outside the normal life of a company and the impossibility of being involved as a result of an adverse social situation;
(g) disability of the body, mental, mental, sensory or combined disability, the effects of which are or may make a person dependent on the assistance of another person;
(h) social services networks, a summary of social services which, in sufficient capacity, appropriate quality and with appropriate local accessibility, help to address the adverse social situation of persons in the region and which are in line with the identified needs of persons in the region and the financial and other resources available;
(i) a network of social services with a national or supra-regional character, a summary of social services, which in sufficient capacity, appropriate quality and availability help to address the adverse social situation of persons in the Czech Republic and which are in line with the identified needs of persons in the Czech Republic,
(j) caring person
1. a person close to the person mentioned in the application for a care allowance providing assistance to the person prior to the granting of the care allowance;
2. a person close to providing assistance to the person to whom the care allowance has been granted;
3. a person who is paid long-term medical care from sickness insurance due to the care of a person in need of long-term care in the home environment;
4. the person to whom the payment of the long-term care allowance has been terminated but continues to care for the person requiring care in the home environment;
5. the person providing care to the person who falls within the target group of the service provided.
Heading of beneficiaries
(1) Entitlement to the care allowance shall be subject to the conditions laid down in this Act,
(a) a person who is declared for permanent residence in the territory of the Czech Republic under special legislation (2), if he is a national of the Czech Republic,
(b) a foreigner who resides on the territory of the Czech Republic under special legislation (3);
(c) an alien who holds a permanent residence permit with a long-term resident in the European Union in the territory of another Member State of the European Union, provided that he has been granted a long-term residence permit in the territory of the Czech Republic under special legislation (4);
(d) a family member of the person referred to in point (a), provided that he has been issued a residence card of a family member of a European Union citizen under special legislation (3);
(e) a family member of the person referred to in point (b), provided that he has been granted a long-term residence permit in the Czech Republic under special legislation (3);
(f) a stranger who has been granted a long-term residence permit in the Czech Republic for the purpose of scientific research under a special legislature5),
(g) a person who has been granted international protection in the form of additional protection under a special legislature6);
(h) a stranger who has been granted a long-term residence permit in the Czech Republic for the purpose of carrying out a job requiring a high qualification under a special legislation (7);
(i) an alien without permanent residence in the territory of the Czech Republic, to whom this entitlement is guaranteed by an international treaty which is part of the legal order of the Czech Republic,
(j) a person entitled under directly applicable European Union54), or an employed, self-employed person, a person who retains such status and his family members entitled to equal treatment under European Union63),
(k) an alien to whom an employment card has been issued under special legislation59);
(l) an alien who is employed or has already been employed in the territory of the Czech Republic for at least 6 months and is in the employment register 60) if he has been granted a long-term residence permit in the territory of the Czech Republic under special legislation61),
(m) family members 62) persons referred to in points (f), (h), (k) and (l), provided that they have been granted a long-term residence permit in the territory of the Czech Republic in accordance with the special legislation61);
(n) a foreigner to whom a short-stay visa has been issued for the purpose of seasonal employment 65) or a visa for a stay exceeding 90 days for the purpose of seasonal employment 66),
(o) an alien to whom an intra-corporate transferee card (67) or an intra-corporate transferee card of another Member State of the European Union68) has been issued and is transferred to a commercial corporation or fissile plant based in the Czech Republic;
(p) a family member of the person referred to in point (o), provided that he has been granted a long-term residence permit in the territory of the Czech Republic under a special legislature62),
in so far as he is resident in the Czech Republic, with the exception of the persons referred to in points (j), (n) and (o); as defined in the State Social Assistance Benefit Act.
(2) Social services are provided, subject to the conditions laid down in this Act,
(a) persons referred to in paragraph 1, with the exception of persons referred to in points (n) to (p); the condition of residence in the Czech Republic does not apply here,
(b) a citizen of a Member State of the European Union, if he has been declared on the territory of the Czech Republic for a period of more than 3 months under special legislation (3);
(c) a family member of a citizen of a Member State of the European Union, if he has been declared in the territory of the Czech Republic for a period of more than 3 months under special legislation.
(3) The social services referred to in Sections 57, 59 to 63 and 69 shall also be provided to a person who is not mentioned in paragraph 2, provided that he is legally resident in the Czech Republic under special legislation (3). The social services referred to in paragraphs 57, 60 and 69 are also provided to a person who is the victim of a human trafficking or introduction offence (48). The social services referred to in Paragraph 37 shall be provided to a person who is the victim of a criminal offence where he is legally resident in the Czech Republic under special legislation (3), and to a person who is the victim of a criminal offence involving trafficking in human beings or the introduction of a criminal offence.
Scope in the field of social services
(1) The State Administration pursuant to this Act shall:
(a) the Ministry of Labour and Social Affairs ("the Ministry"),
(b) regional authorities,
(c) municipal authorities with extended scope,
(d) Institute for Health Assessment,
e) Labour Office of the Czech Republic - Regional Branch and Branch for the City of Prague ("Regional Branch of the Labour Office ').
(2) The exercise of the competence of municipal authorities with extended competence and regional authorities under this Act is an exercise of delegation.
(3) In the field of social services, municipalities and counties also operate under this law.
Social services providers
Providers of social services shall, when the conditions laid down by this Law are met, be territorial self-governing bodies and bodies established by them, other legal persons, natural persons and the Ministry and bodies established by them, or state contribution organisations which are legal persons.
_
CONDITIONS OF THE INTENTION TO THE HEALTH CONTRIBUTION
(1) The care allowance (hereinafter referred to as "the allowance") is granted to persons dependent on the assistance of another natural person. This contribution contributes to the provision of social services or other forms of assistance under this Act in the management of the basic needs of persons. The cost of the contribution shall be borne by the State budget.
(2) A person referred to in Article 4 (1) who, due to his long-term unfavourable health condition, needs the assistance of another natural person in the management of basic living needs to the extent specified by the degree of dependency referred to in § 8 or § 8a, provided that such assistance is provided by a close or an assistant of social care referred to in § 83 or a provider of social services registered in the register of social services providers under § 85 (1) and (2), a facility for children requiring immediate assistance (69) or a home 52), or a health service provider in hospital70); the person is entitled to the allowance for the period during which he is provided with medical care during hospitalisation under the special legislation 7b.
(3) No person under one year of age shall be entitled to the allowance.
(4) The Regional Branch of the Labour Office decides on the contribution.
(1) A person under the age of 18 is considered to be dependent on the assistance of another natural person in:
(a) stage I (light dependency) if, due to the long-term unfavourable health condition, it is unable to cope with three basic living needs;
(b) stage II (moderate dependence) if, due to long-term unfavourable health conditions, it is unable to cope with four or five essential living needs;
(c) stage III (heavy dependence) if, because of the long-term unfavourable health condition, it is unable to cope with six or seven essential needs of living;
(d) stage IV (total dependency) if, because of the long-term unfavourable health condition, it is unable to cope with eight or nine essential living requirements;
and requires the daily emergency care of another natural person.
(2) A person over the age of 18 is considered to be dependent on the assistance of another natural person in:
(a) stage I (light dependency) if, due to the long-term unfavourable health conditions, it is unable to cope with three or four essential life-expectancy;
(b) stage II (moderate dependency) if, due to the long-term unfavourable health condition, it is unable to cope with five or six basic living needs;
(c) stage III (heavy dependence) if, due to the long-term unfavourable health condition, it is unable to cope with seven or eight basic needs of living;
(d) stage IV (total dependency) if, because of the long-term unfavourable health condition, it is unable to cope with nine or ten essential living requirements;
and requires the daily assistance, supervision or care of another natural person.
A person who is in a terminal condition requiring the provision of palliative care in respect of the final stage of an incurable disease with an expected end of life and has supported the confirmation referred to in Article 21 (1) (a) shall be considered to be dependent on the assistance of another natural person in stage III (heavy dependency) for 12 calendar months from the date of application for the allowance.
(1) In assessing the degree of dependence, the ability to manage the following essential life needs shall be evaluated:
(a) mobility;
(b) orientation,
(c) communication;
(d) catering;
(e) dressing and marrying,
(f) physical hygiene,
(g) performance of physiological needs;
(h) health care;
(i) personal activities;
(j) household care.
(2) The ability to manage the basic life-expectancy referred to in paragraph 1 (h) shall be evaluated in relation to a specific disability and to a scheme established by the treating physician.
(3) Ability to manage the basic life-cycle referred to in paragraph 1 (b). (j) shall not be evaluated for persons under the age of 18.
(4) In assessing the ability to manage basic living needs, the functional impact of the long-term adverse health status on the ability to manage basic living needs shall be assessed; without prejudice to assistance, supervision or care which does not result from the functional impact of the long-term adverse health status.
(5) There must be a causal link between functional impairment due to unfavourable health conditions and the loss of ability to manage basic life needs in an acceptable standard in order to recognise dependency in the relevant essential living needs. Functional competences shall be evaluated using the retained potential and competence of a natural person and using commonly available facilities, means, objects, daily needs or household equipment, public spaces or medical devices.
(6) An implementing legislation provides for a closer definition of the ability to manage the essential needs of life and how they are assessed.
For a person under 18 years of age, when assessing the ability to manage the basic needs of living in accordance with Article 9 (1) and when assessing the need for emergency care, the extent, intensity and burden of care to be given to the person with disabilities shall be compared to that of a healthy natural person of the same age. In determining the degree of dependency of a person under 18 years of age, the need for care resulting from the age of a person and the corresponding degree of biopsychosocial development shall not be taken into account. Exceptional care means care which, by its scope, intensity or complexity, substantially exceeds that of a person of the same age.
AMOUNT OF THE CONTRIBUTION
(1) The amount of the allowance for persons under 18 years of age is for the calendar month
a) CZK 4,900, if it is Grade I (easy dependence),
b) CZK 8,200, if it is Grade II (moderate dependence),
c) 16 100 CZK, if it is stage III (heavy dependence),
(d) in the case of stage IV (total dependency),
1. 23 000 CZK if the person is assisted by a provider of residential social services pursuant to § 48, 50 to 52, or
2.27,000 CZK in other cases.
(2) The amount of the allowance for persons over 18 years of age is for the calendar month
a) CZK 1,300, if it is Grade I (easy dependence),
b) CZK 5,400, if it is Grade II (moderate dependence),
c) 14 800 CZK, if it is Grade III (heavy dependence),
(d) in the case of stage IV (total dependency),
1. 23 000 CZK if the person is assisted by a provider of residential social services according to § 48 to 52, or
2.27,000 CZK in other cases.
(3) The amounts of the contribution referred to in paragraphs 1 and 2 shall be increased by CZK 2 000 per calendar month in accordance with Section 12.
IMPLEMENTATION OF THE CONTRIBUTION
(1) The increase in the contribution referred to in Article 11 (3) belongs to:
(a) to a non-insured person (22) up to the age of 18 to whom the allowance belongs, except:
1. the child to whom the child is entitled to a contribution to meet the needs of the child from the foster care system under the Social Protection Act;
2. a child who is not entitled to a contribution to meet the needs of the child under the foster care scheme because he is entitled to a pension pension which is equal to or greater than that of the child;
3. a child who is in full direct custody of a childcare facility or a youth establishment; and
(b) the parent to whom the allowance is due and who shall care for an unprovided child under the age of 18;
if the income of the authorised person and persons jointly assessed with it is less than twice the amount of the life minimum of the authorised person and persons jointly assessed with it under the Life and Existing Minimes27).
(2) The increase in the contribution is due in the calendar month in which the contribution is paid.
(3) Full direct provision in a childcare facility is assessed in accordance with Section 7 (4) of the State Social Aid Act. For the purposes of entitlement to an increase in the contribution referred to in paragraph 1, the income of the beneficiary or of the persons assessed jointly shall be understood as income under Section 5 of the State Social Aid Act. The period for which income is to be collected shall be the period of the calendar quarter preceding the calendar quarter to which the entitlement to payment of the increase is demonstrated and, where appropriate, the entitlement to increase of the contribution shall apply. The heading of the jointly assessed persons shall be assessed in accordance with the Act on State Social Support, with the exception of the provisions on persons jointly assessed for the purpose of the housing allowance.
(4) If the beneficiary fails to prove the income in question pursuant to Article 21 (2) (e), the payment of the increase in the contribution from the instalment due for the calendar month by which the amount of income to be shown for the payment of the increase in the contribution for the following calendar quarter shall cease. If the relevant income is not demonstrated by the end of the calendar quarter for which that increase in the allowance should be paid, the entitlement to the increase shall cease.
REVENUE FROM THE CONTRIBUTION AND PAYMENT OF THE CONTRIBUTION
(1) Entitlement to the allowance is due on the date of fulfilment of the conditions laid down in Sections 7 and 8 or 8a.
(2) The entitlement to the payment of the allowance shall be incurred by the lodging of an application for a grant for which entitlement has been acquired under paragraph 1, unless the procedure for granting it is initiated ex officio. The allowance may be awarded and paid at the earliest from the beginning of the calendar month in which the procedure for granting the allowance was initiated; a person for whom a social inquiry has been carried out in the course of hospitalisation in accordance with the second sentence of Article 25 (1) may be granted the allowance at the earliest from the date on which the notification and confirmation referred to in Article 21 (1) (e) has been received to the competent regional branch of the Labour Office. The entitlement to pay an increase in the contribution referred to in Article 12 (1) shall be incurred at the earliest from the beginning of the calendar quarter in which the application for an increase in the contribution was submitted; This is without prejudice to the provisions of Paragraph 12 (2).
(3) Where a contribution has been granted pursuant to § 8a, no later than 2 calendar months before the expiry of the period referred to in § 8a, proceedings shall be initiated to determine the degree of dependency of the beneficiary pursuant to § 8. A first sentence procedure shall not be initiated if a proposal to amend the amount of the allowance has been submitted before it is initiated in accordance with Paragraph 23 (6).
(4) Where the beneficiary fulfils the conditions for entitlement to the allowance for only part of a calendar month, the allowance shall be equal to the amount due for the calendar month.
Change in entitlement to the allowance and its payment
(1) Where the allowance has been awarded or paid at a lower amount than that in which it is due, or has been wrongly withheld or has been granted from a later date than that from which it is due, the allowance shall be increased or admitted from the date on which the allowance or increase is due, but not more than three years back from the date on which the entitlement or increase is established or exercised.
(2) Where the allowance has been awarded or paid in excess of the amount in which it belongs, or has been granted or paid wrongly, the allowance shall be withdrawn or its payment shall be suspended or reduced from the first day of the calendar month following the calendar month in which the allowance was paid.
(3) Where the facts relevant to the amount of the allowance are changed by increasing the contribution, an increase shall be made from the first day of the calendar month in which the change occurred.
(4) Where the facts relevant to the amount of the allowance are changed by reducing the contribution, the reduction shall be made from the first day of the calendar month following the calendar month in which the decision to reduce the contribution was taken.
(5) Where the facts applicable to entitlement to the allowance are changed in such a way that the allowance does not belong, the allowance shall be withdrawn from the first day of the calendar month following the calendar month in which the allowance was paid.
(1) The allowance shall not be paid if, for the entire calendar month, healthcare is provided to the beneficiary in the course of hospitalisation, if not for the provision of social health services under § 36 or social services under § 52; this is not the case where the beneficiary is admitted to hospital under another legislation (7c) as a guide to a natural person who has been mentioned in the application for a contribution or, where appropriate, declared under § 21 (1) (d) or § 21 (2) (c) as a person providing assistance. The condition of the entire calendar month is not fulfilled if hospitalisation took place on the first day of the calendar month or the last day of the calendar month. Payment of the allowance shall be suspended from the first day of the calendar month following the calendar month in which the beneficiary was admitted, unless discharge from the medical establishment has been declared in accordance with Article 21a (1). The payment of the contribution shall be renewed from the first day of the calendar month in which the hospitalisation did not last throughout the calendar month.
(2) If the beneficiary reaches 18 years of age, the allowance shall be paid from the following calendar month at the rate referred to in Article 11 (2) corresponding to the degree of dependency determined before 18 years of age. At the same time, the Regional Branch of the Labour Office shall initiate an ex officio procedure to re-establish the degree of dependency referred to in Section 8 and the corresponding amount of the allowance.
Termination of entitlement to the allowance and its payment
(1) The entitlement to the allowance shall not expire at the end of time.
(2) The entitlement to payment of a contribution or part thereof shall expire 1 year after the date on which the contribution or part thereof is due, except in cases referred to in Article 14 (1). This period shall not elapse during the period of the grant procedure.
Transfer of entitlement to and payment of the allowance
(1) If the applicant has died before the final decision on the contribution, he enters into further proceedings and is entitled to the sums due until the date of his death by a person close, a social security assistant referred to in § 83, a social services establishment providing social services in accordance with § 48, 49 or 50, a health establishment providing social services in accordance with § 52, an establishment for children requiring immediate assistance (69), a home for children or a health service provider in a hospital (70), if any of these natural or legal persons were mentioned in the application for a contribution, or reported in the course of the procedure pursuant to § 21 (1), as a person providing assistance to the applicant for the contribution. The parties shall become all natural or legal persons listed in the first sentence who, from the initiation of the proceedings, have participated in the assistance of the applicant for the contribution until the date of his death. Such persons shall be entitled to the amounts of the contribution due until the date of death of the applicant for the contribution for the calendar month in which they provided the assistance. Where more than one of these persons has participated in the assistance of the applicant in the calendar month, they shall be entitled to the amount of the allowance equally unless they submit an agreement to the relevant Regional Office of the Labour Office on a different distribution of the amount of the allowance. The entitlement to the payment of the allowance shall not apply for the calendar month in which the applicant died, if he was provided with health care during hospitalisation from the first day of that calendar month to the day of death.
(2) Where the allowance has been granted before the death of the beneficiary, the amounts due of the allowance which have not been paid before the date of death of the beneficiary shall be paid to the natural or legal person referred to in the first sentence of paragraph 1, provided that, in the calendar month for which the allowance was not paid, the beneficiary has provided assistance and has been indicated in the application for the allowance or declared in accordance with Article 21 (1) (d) or Article 21 (2) (c) respectively. Where more than one natural or legal person has been involved in the assistance of the beneficiary in the calendar month for which the contribution has not been paid, those persons shall be entitled to the allowance equally unless they submit an agreement to the relevant Regional Office of the Labour Office on a different distribution of the amount of the contribution. The entitlement to the payment of the allowance shall not apply for the calendar month in which the beneficiary died, provided that health care has been provided during the hospitalisation period from the first day of that calendar month to the day of death.
(3) Entitlement to the allowance is not the subject of inheritance.
Transmission and precipitation
(1) Entitlement to the allowance may not be transferred or pawned.
(2) The contribution shall not be subject to enforcement of the decision and may not be the subject of a collision agreement.
PAYMENT OF CONTRIBUTIONS
Payment method
(1) The allowance shall be paid monthly in the calendar month for which it belongs.
(2) The contribution shall be paid by the Regional Branch of the Labour Office responsible for the decision on the contribution.
(3) The contribution shall be paid in Czech currency by transfer to a payment account designated by the recipient of the contribution referred to in § 19 or, as the case may be, by a special recipient of the contribution or by a postal voucher, according to the decision of the recipient of the contribution referred to in § 19 or, as the case may be, by the special recipient of the contribution. If the beneficiary or, where appropriate, the special beneficiary of the contribution requests a change in the way in which the contribution is paid, the Regional Branch of the Labour Office shall make a change to the payment method from the calendar month following the calendar month in which the application was received.
(4) According to paragraph 3, no payment shall be made on the basis of the transfer of entitlement to the payment provided for in Article 16 and the payment of the contribution to the abroad on the basis of the application of directly applicable European Union rules; in such cases, the method of payment shall be determined by the payer of the allowance, either by the postal order or by the voucher on the payment account.
(5) If, at the time the allowance is paid, there is a change in the place of permanent or declared residence of the beneficiary, the Regional Branch of the Office of Labour, which was responsible for the payment of the allowance before that change, shall stop the payment of the allowance by the end of the calendar month following the calendar month in which it became aware of the change in the permanent or reported residence of the beneficiary. The Regional Branch of the Office of Labour referred to in the first sentence shall transmit to the Regional Branch of the Office of Labour the supporting documents on the basis of which the contribution has been granted, according to the place of permanent or declared residence of the authorised person. The relevant Regional Branch of the Labour Office shall pay the allowance from the monthly instalment following the calendar month in which the payment of the allowance was stopped.
Beneficiaries
(1) The beneficiary of the allowance shall be the beneficiary unless otherwise specified.
(2) In place of the beneficiary, the beneficiary shall be:
(a) a legal representative or guardian; or
(b) any other natural person to whom the minor entitled person has been placed in custody by decision of the competent authority.
Payment of the contribution to the special beneficiary
(1) The Regional Branch of the Labour Office shall determine the specific recipient of the contribution if the beneficiary or, where appropriate, the other beneficiary of the contribution referred to in Article 19 (2),
(a) may not receive a contribution; or
(b) does not make use of the allowance or may not make use of the allowance to provide the necessary assistance.
(2) The specific beneficiary must agree to the provision of the grant referred to in Paragraph 19 (2); the consent of that person is not required if, in view of its health status, the health service provider is not able to give such consent and where the specific beneficiary is designated for the reason referred to in paragraph 1 (b). A specific beneficiary may not be identified as having interests in conflict with those of the beneficiary.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST DRUHÁ
HLAVA I
§ 7
§ 8
§ 8a
§ 9
§ 10
HLAVA II
§ 11
HLAVA III
§ 12
HLAVA IV
§ 13
§ 14
§ 14a
§ 15
§ 16
§ 17
HLAVA V
§ 18
§ 19
§ 20
HLAVA VI
§ 21
§ 21a
§ 22
HLAVA VII
§ 23
§ 24
§ 25
§ 26
§ 26a
§ 27
§ 28
HLAVA VIII
§ 29
HLAVA IX
§ 30
ČÁST TŘETÍ
HLAVA I
Díl 1
§ 32
§ 33
§ 33a
§ 34
§ 35
§ 36
Díl 2
§ 37
Díl 3
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
Díl 4
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 70a
Díl 5
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
HLAVA II
Díl 1
Oddíl 1
§ 78
§ 79
§ 80
§ 80a
§ 81
§ 81a
§ 82
§ 82a
§ 82b
§ 83
§ 84
Oddíl 2
§ 85
§ 86
§ 87
Díl 2
§ 88
§ 89
§ 89a
Díl 3
§ 90
§ 91
§ 91a
§ 91b
§ 91c
Díl 4
§ 92
§ 93
§ 93a
§ 94
§ 95
§ 96
§ 96a
ČÁST ČTVRTÁ
HLAVA I
§ 97
§ 98
§ 99
HLAVA II
§ 99a
§ 99b
ČÁST PÁTÁ
§ 100
§ 100a
ČÁST ŠESTÁ
§ 101a
§ 102
§ 103
§ 104
§ 105
§ 105a
ČÁST SEDMÁ
§ 106
§ 107
§ 108
ČÁST OSMÁ
HLAVA I
§ 109
§ 110
HLAVA II
§ 111
ČÁST DEVÁTÁ
§ 115
§ 116
§ 116a
§ 117
ČÁST DESÁTÁ
§ 117a
§ 117b
§ 117c
§ 117d
§ 117e
ČÁST JEDENÁCTÁ
HLAVA I
§ 119
HLAVA II
§ 120
HLAVA III
§ 121
§ 122
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Regulation Information
| Citation | Act No. 108 / 2006 Coll., on Social Services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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