What is Act No. 109 / 2006 Coll.?

Act No. 109 / 2006 Coll., amending certain laws in connection with the adoption of the Social Services Act — Law amending certain laws in connection with the adoption of the Social Services Act.

When it became Act No. 109 / 2006 Coll. effectiveness?

Act No. 109 / 2006 Coll. became effective 01.07.2006.

Is Act No. 109 / 2006 Coll. still valid?

Yes, Act No. 109 / 2006 Coll. is still valid and effective.

Act No. 109 / 2006 Coll. - Law amending certain laws in connection...

109

THE LAW

of 14 March 2006

amending certain laws in connection with the adoption of the Social Services Act

Parliament has decided on this law of the Czech Republic:

ČÁST TŘETÍ

Amendment of the Trade Act

Čl. IV

In Article 3 (3) of Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended by Act No. 286 / 1995 Coll., Act No. 147 / 1996 Coll., Act No. 19 / 1997 Coll., Act No. 49 / 1997 Coll., Act No. 217 / 1997 Coll., Act No. 15 / 1998 Coll., Act No. 167 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 167 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 162 / 2003 Coll., Act No. 38 / 2004 Coll., Act No. 167 / 2004 Coll.

"(ag) the provision of social services under special legislation23p).

23p) Act No. 108 / 2006 Coll., on Social Services. '.

ČÁST ČTVRTÁ

Amendment of the Act on the organisation and implementation of social security

Čl. V

Act No. 582 / 1991 Coll., as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 238 / 2000 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1999 Coll., Act No. 164 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll.

1. in Article 2 (b), the words "and the increase in the pension for helplessness belonging to the Social Security Act (4)" are deleted, including footnote 4.

2. In Paragraph 4 (2), the comma after the word "insurance 'is replaced by" a' and the words "medical practitioner of the district social security administration 'are replaced by the words" employment office under special legislation46'.

Footnote 46:

"46) Act No. 117 / 1995 Coll., on State Social Support, as amended. Act No. 111 / 2006 Coll., on aid in material distress. Act No. 108 / 2006 Coll., on Social Services. Act No. 114 / 1988 Coll., on the competence of the institutions of the Czech Republic in social security, as amended. Act No. 435 / 2004 Coll., on Employment, as amended. '

3. in Article 6 (4) (a) (11), the words "if the childcare period is after 31 December 1995 and the period and extent" shall be inserted after the words "within four years," and the words "until 31 December 2006" shall be added at the end.

4. in Article 6 (4) (a) (12), including footnote 52b:

'12. the duration and extent of the care of the person caring personally for a person who, under the special legislature52b) is dependent on the care of another person in stage II (moderate dependence) or stage III (severe dependence) or stage IV (complete dependency), if the duration of care for that person is after 31 December 2006.

52b) § 8 of Act No. 108 / 2006 Coll. '

5. in Article 6 (4) (a), point 19, including footnote 52a, is deleted;

6. In Paragraph 8 (1) of the Introductory Part of the provision, the words "State aid, aid in material need and social care 'are deleted.

7. in Article 8 (1), points (b) and (d) to (i) are deleted;

Point (c) shall be renumbered (b).

8. In Article 8, the following paragraph 10 is added:

"(10) The County Social Security Administration shall send to the Labour Office within 7 days a copy of the opinion issued in accordance with Paragraph 8 (1) if the Office so requests in order to establish the health status of a natural person for social care, state social support, assessment of the degree of dependency on the care of another person or assessment of a disabled person. ';

9. Paragraph 12 (d) is deleted.

Points (e) and (f) shall be renumbered as points (d) and (e).

10. In the first sentence of Article 16 (1), the words "and for the purposes of the administrative appeal procedure under special legislation (Section 4 (2)) 'shall be inserted after the words" social security benefits'; the words "in these proceedings' shall be replaced by the words" 15 '.

11. in Article 16 (1), the second and third sentences are deleted;

12. in Article 16a (1), the words "the basic rules of activity of the administrative authorities" shall be replaced by the words "the provisions on the basic principles of activity of the administrative authorities, the provisions on the file."

13. in Article 16a, the following paragraph 3 is inserted after paragraph 2:

"(3) The Chairman of the Panel shall be entitled to invite a natural person whose medical condition is assessed for the purposes of the opinion referred to in Article 4 (2) to:

(a) have undergone an examination of his health by a medical assessor,

(b) has undergone an examination of his health in a designated medical establishment or another expert examination; or

(c) provide for other synergies which are necessary to submit an opinion;

that person is obliged to comply with the call. ';

Paragraph 3 shall become paragraph 4.

14. Article 16b is deleted.

15. in Paragraph 48 (1) (e), the words "and the care allowance for a loved one or another" shall be deleted.

16. In Article 53 (2), the words "and a citizen who is recognised as a disabled person, or a citizen seeking recognition as a disabled person 'shall be deleted.

17. in Paragraph 89 (1), the words "and the increase in pension for helplessness" shall be deleted.

18. Paragraph 89 (4) is deleted.

Paragraph 5 shall become paragraph 4.

19. in Paragraph 89 (4) in the introductory part of the provision, the words "and pension insurance" shall be deleted;

20. In Paragraph 107, the words "and the increase in pension for helplessness' are deleted.

21. in Paragraph 116 (1), the second sentence is deleted;

22. in Paragraph 118a, paragraph 5 is deleted;

23. Article 125 shall be deleted;

Čl. VI

Transitional provisions

1. The assessment of the state of health according to § 8 (1) (e) and (g) to (i) of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as effective until 1 July 2006, started before that date, shall be completed in accordance with the existing legislation.

2. Assessment of helplessness and whether the child is a long-term severely disabled person requiring exceptional care initiated before 1 January 2007 shall be completed in accordance with existing legislation.

3. The procedure for recognition as a person at a disadvantage initiated and definitively terminated before 1 July 2006 shall be completed in accordance with existing legislation.

4. The district social security authorities shall forward free of charge to the competent employment authorities:

(a) on 1 July 2006, a copy of the opinions prepared pursuant to Article 8 (1) (e) and (g) to (i) of Act No 582 / 1991 Coll., on the organisation and implementation of social security, as effective until 1 July 2006;

(b) on 1 January 2007, a copy of the opinions prepared pursuant to Article 8 (1) (b) and (d) of Act No 582 / 1991 Coll., on the organisation and implementation of social security, as effective until 1 July 2006.

5. Regional social security administrations assess helplessness under existing legislation for pension insurance purposes and whether the child is a long-term severely disabled person requiring exceptional care, if it is for a period before 1 January 2007.

6. The exercise of rights and obligations in the employment relations of employees in the Czech Social Security Administration, the tasks of which include the assessment of the health status for the purposes of state social support, social care and employment and the pursuit of activities related thereto, is transferred from the Czech Social Security Administration to the Labour Office and to the Ministry of Labour and Social Affairs ("the Ministry ') on 1 July 2006. The Czech Social Security Administration will agree with the employee in the Czech Social Security Administration according to the first sentence whether the exercise of his rights and obligations in employment relations will go to the employment office and to which the employment office or the exercise of those rights and obligations will go to the Ministry.

7. The Czech Social Security Administration shall, on the basis of the agreement referred to in paragraph 6, delimit employees in the Czech Social Security Administration to the employment authorities and the Ministry. The delimitation carried out in this way is binding.

8. If the agreement referred to in paragraph 6 is not reached by 31 May 2006 at the latest, the Ministry shall determine the number and rules of staff delimitation in the Czech Social Security Administration to the employment authorities and the Ministry on a proposal from the Director of the Czech Social Security Administration.

ČÁST PÁTÁ

Amendment of the Income Tax Act

Čl. VII

Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 99 / 2004, Act No. 100 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 96 / 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 99 / 1999, Act No. 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2000, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 99 / 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 1999, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No.

1. in Article 4 (1) (i), the words "and social services," shall be replaced by the words "social services, social services,";

2. In the second sentence of Article 35ba (1) (b), the words "does not include an increase in pension for helplessness, state social support benefits, social welfare benefits and services' are replaced by the words" do not include state social support benefits, welfare benefits, care allowance, social services'.

ČÁST ŠESTÁ

Amendment of the State Social Support Act

Čl. VIII

In Article 30 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 242 / 1997 Coll., Act No. 155 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 271 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 125 / 2003 Coll., Act No. 453 / 2003 Coll. and Act No. 204 / 2005 Coll., the following paragraph 7 is added:

"(7) Parental allowance shall not be granted by parents if the child he / she is caring for under a special legislation has been granted a care allowance equal to step II (moderate dependence) or stage III (severe dependence) or step IV (total dependency). ';

ČÁST SEDMÁ

Amendment to the Pension Insurance Act

Čl. IX

Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 200 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 188 / 2001 Coll., Act No. 353 / 2004 Coll., Act No. 168 / 2005 Coll., Act No. 198 / 2002 Coll., Act No. 85 / 2004 Coll., Act No. 261 / 2002 Coll., Act No. 362 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 425.

1. in Article 5 (1) (r), the words "or for a child under the age of 18, if the long-term disabled requiring emergency care" are deleted;

2. in Article 5 (1) (s), including footnotes 5c and 5d:

"(s) a person personally caring for a person who is dependent on the care of another person in stage II (moderate dependency) or stage III (severe dependency) or stage IV (complete dependency) 5c) if they live together in a household (5d); the household condition is not required if it is a close person,

5c) § 8 of Act No. 108 / 2006 Coll., on Social Services.

5d) § 115 of the Civil Code. '.

3. In Article 9 (6) (c), the words "or to the care allowance for a close or other person, 15c) 'are replaced by the words" or personally cared for a person who is dependent on the care of another person in stage II (moderate dependence) or stage III (severe dependence) or stage IV (complete dependence) 5c)' and footnote 15c is deleted.

4. In the second sentence of Paragraph 14 (2), the words' a helpless person 'are deleted.

5. in Article 50 (2) (b) and (c):

"(b) caring for a child who is dependent on the care of another person in step II (moderate dependence) or stage III (severe dependence) or stage IV (complete dependence) 5c);

(c) care for his or her parents or parents of a deceased spouse who lives with her in the household and is dependent on the care of another person in grade II (moderate dependence) or stage III (severe dependence) or stage IV (total dependency) 5c), ';

6. The following Section 102a is inserted after Section 102:

„§ 102a

The participation of a childcare worker under the age of 18 who is long-term severely disabled requiring exceptional care and of a person personally caring for a predominantly or completely helpless person or partially helpless person over 80 years of age, if they live in a household together, in pension insurance before 1 January 2007 shall be assessed in accordance with the legislation in force before that date. '

7. in Article 108 (1), point (a) is deleted;

Points (b) to (e) shall be renumbered as points (a) to (d).

Čl. X

Transitional provisions

1. Entitlement to a widow's and widower's pension for the period before 1 January 2007 on the basis of an application after 31 December 2006 shall be assessed in accordance with existing legislation.

(2) Beneficiaries of widow's and widower's pensions who, after 31 December 2006, do not qualify for such pensions shall be entitled to payment of such pensions for the last time on the payment of the pension due in December 2006.

ČÁST OSMÁ

Amendment of the Public Health Insurance Act and amending and supplementing certain related laws

Čl. XI

Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 24 / 1999 Coll., Act No. 425 / 2003 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 274 / 2003 Coll., Act No. 167 / 2000 Coll., Act No. 220 / 2002 Coll., Act No. 459 / 2002 Coll., Act No. 176 / 2002 Coll., Act No. 198 / 2002 Coll.

1. in Article 7 (1) (g), including footnote 11:

"(g) persons who are dependent on the care of another person in stage II (moderate dependence) or stage III (severe dependence) or stage IV (complete dependence) 11) and those who are caring for them,

11) § 8 of Act No. 108 / 2006 Coll., on Social Services. '.

2. The following Section 17a is inserted after Section 17, including footnote 28a:

„§ 17a

In order to ensure substantive performance in the provision of nursing and rehabilitation health care to insured persons located in social services facilities with resident services, the General Health Insurance Company of the Czech Republic and other health insurance companies established under the Special Act (28) conclude special contracts with these social services facilities. The competent health insurance undertaking shall conclude a specific contract if the social services establishment so requests and at the same time it proves that nursing and rehabilitation healthcare will be provided by healthcare workers of social services establishments eligible for the medical profession under special legislation28a).

28a) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain related laws (Act on non-medical medical professions), as amended by Act No. 125 / 2005 Coll. '

3. in Paragraph 22 (d):

"(d) health care in social services facilities,"

4. In Section 22, the dot after point (d) is replaced by a comma and the following point (e) is added:

"(e) nursing and rehabilitation health care provided on the basis of the doctor's office to insured persons located in social services facilities by competent staff of such establishments, provided that such establishments conclude a special contract with the relevant health insurance undertaking in accordance with Article 17a."

ČÁST DESÁTÁ

Amendment of the law on the execution of prison sentences and amending certain related laws

Čl. XIII

In Article 20 (9) of Act No 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws, as amended by Act No 52 / 2004 Coll., the words "to the competent social security authorities 9) to provide the sentenced social welfare services' are replaced by the words" to the municipal authorities of the municipalities with extended scope to provide the sentenced social services9).

footnote 9:

"9) Act No. 108 / 2006 Coll., on Social Services. '.

ČÁST DVANÁCTÁ

Amendment to the Prague Capital Act

Čl. XV

In Article 18 (1) (c) of Act No. 131 / 2000 Coll., on the City of Prague, as amended by Act No. 145 / 2001 Coll., the words "social services' are replaced by the words" social services'.

ČÁST TŘINÁCTÁ

Amendment of the Regional Development Support Act

Čl. XVI

In Article 3 (h) of Act 248 / 2000 Coll., on the promotion of regional development, the words "social welfare and social assistance services' are replaced by the words" social services'.

ČÁST ČTRNÁCTÁ

Amendment of the Value Added Tax Act

Čl. XVII

Act No. 235 / 2004 Coll., on Value Added Tax, as amended by Act No. 635 / 2004 Coll., Act No. 669 / 2004 Coll., Act No. 124 / 2005 Coll., Act No. 215 / 2005 Coll., Act No. 217 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 441 / 2005 Coll. and Act No. 545 / 2005 Coll., is amended as follows:

1. Paragraph 59, including the title and footnote 47, reads:

„§ 59

Social assistance

For the purposes of this Act, social services under special legislature47) provided by public bodies or other legal persons which have not been established or set up for business purposes.

47) Act No. 108 / 2006 Coll., on Social Services. '.

2. In Article 113, at the end of point (a), comma is replaced by a dot, point (b) is deleted and the designation of point (a) is deleted.

ČÁST PATNÁCTÁ

Amendment to the Employment Act

Čl. XVIII

Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 168 / 2005 Coll., Act No. 202 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 382 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll. and Act No. 495 / 2005 Coll., is amended as follows:

1. In Article 7 (3), the words "or the residence of a natural person whose state of health the employment office assesses," shall be inserted after the words "executed."

2. in Article 8 (1), the following points (m) and (n) are inserted after point (l):

"(m) assess and decide whether a person is a disabled person [Paragraph 67 (2) (c)] and, in the cases referred to in Paragraph 9 (7), that a natural person is not considered to be a disabled person;

(n) assess for the purpose of providing benefits or exceptional benefits under specific legislation

1. the long-term adverse health status of the child;

2. whether a natural person can increase the standard of living of his own work due to his or her state of health,

3. whether the natural person is severely disabled and the type and degree of the disability for the purpose of exceptional advantages, the allowance for the adaptation of the apartment, the reimbursement of the wheelchair-free apartment or garage, the purchase, the total repair and modification of the motor vehicle and the individual transport allowance,

4. whether, for the purposes of State social assistance benefits, the natural person is a long-term disabled person, a long-term disabled person or a long-term sick child;

5. the degree of dependency of the natural person for the purposes of the care allowance; ';

Point (m) shall be renumbered as point (o).

3. In Part One, Title V, including the title and footnotes Nos 14 and 14a:

„HLAVA V

ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS AND THE FACILITIES OF HEALTH EQUIPMENT IN THE ASSESSMENT OF THE HEALTH STATUS OF PHYSICAL PERSONS

§ 9

(1) When assessing the state of health for the purposes of the decision referred to in Article 8 (1) (m) and in the assessment referred to in Article 8 (1) (n), the Labour Office shall base its assessment on the documents established by the doctor designated by the Labour Office.

(2) The assessment referred to in Article 8 (1) (n) shall be carried out at the request of the administrative authority which is conducting the procedure for which the opinion is sought, or if the doctor designated by the employment office or the Ministry ascertains the relevant facts of the assessment which justify the carrying out of an examination of the initial assessment.

(3) The Labour Office is entitled to invite a natural person whose medical condition is assessed for the purposes of the assessment referred to in Article 8 (1) (n) to:

(a) have undergone a medical examination by a doctor designated by the employment office;

(b) has undergone, at the request of a doctor designated by the Office of Labour, an examination of his health in a medical establishment or another expert examination; or

(c) provide for other synergies which are necessary to submit an opinion;

the natural person is obliged to comply with the call.

(4) Where the natural person referred to in paragraph 3 does not undergo an examination of the state of health referred to in paragraph 3 (a) or (b) or refuses to cooperate in accordance with paragraph 3 (c), the employment office shall communicate this fact to the administrative authority responsible for the procedure for which the opinion is sought.

(5) The provisions of paragraph 3 shall apply mutatis mutandis to a natural person whose state of health is assessed in the proceedings as to whether he is disabled and to a natural person who has been recognised as disabled in cases of control of the original assessment.

(6) Where a natural person whose medical condition is assessed in the management of a person with disabilities does not undergo an examination of the medical condition, although invited to do so, the procedure may be suspended until such examination has been carried out by the natural person, provided that he has been notified of that result. If the suspension referred to in the first sentence lasts at least 12 months, the procedure may be terminated.

(7) Where a natural person who has been recognised as being disabled does not undergo a medical examination or another professional examination, he shall not be considered to be disabled from the date specified in the decision of the employment office; However, the condition is that this possibility has been brought to the attention of that person or his legal representative.

§ 9a

(1) The procedure for issuing the opinion referred to in Article 8 (1) (n) shall not apply to the administrative rules, with the exception of the provisions on the basic principles of administrative action, the provisions on exclusion from hearing and decision-making and the provisions on file.

(2) The time limit for the assessment referred to in Article 8 (1) (n) shall be 30 calendar days, unless the institution which requested the assessment provides for a longer period. Where the opinion is prevented from being delivered within the period referred to in the sentence of the first serious grounds, the employment office shall immediately inform the institution which requested the assessment; in such cases, the period referred to in the first sentence shall be extended by up to 30 calendar days, unless another time limit is set by the authority which requested the assessment.

(3) The Labour Office shall send only those parts of the opinion which do not contain the health data of the natural person under assessment to the authority which has requested the opinion referred to in Article 8 (1) (n).

(4) Within 7 days, the Labour Office shall send a copy of the opinion drawn up in accordance with Article 8 (1) (n), if the latter so requests, in order to establish the state of health of the natural person for the purposes of pension and sickness insurance.

§ 9b

(1) Medical facilities are required for reimbursement at the request of the employment office or of a doctor designated by the employment office

(a) carry out an examination of the state of health of the natural person;

(b) process medical evidence to the extent required to assess the health status of the natural person.

(2) At the request of the medical practitioner referred to in paragraph 1, medical establishments shall be obliged to provide the medical practitioner with the information necessary for the assessment of the medical condition, to allow access to the medical file and to lend the medical documentation to the extent necessary for the assessment of the natural person's health.

(3) The medical establishment shall comply with the obligations referred to in paragraphs 1 and 2 within the time limit specified by the employment office or by the doctor referred to in paragraph 1 and, if that time limit is not specified, within 15 calendar days of receipt of the application.

(4) The amount of remuneration for performance referred to in paragraph 1 is governed by the list of health performance with points (14) and (14a) respectively. The reimbursement shall be provided by the competent authority of the work required by the performance, on the basis of the bill submitted by the medical establishment. This shall also apply mutatis mutandis to the reimbursement of postal charges for the dispatch of medical documentation referred to in paragraph 2.

Citation	Act No. 109 / 2006 Coll., amending certain laws in connection with the adoption of the Social Services Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	31.03.2006
Effective from	01.07.2006
Effective until	-
Status	Valid

Act No. 109 / 2006 Coll.

Law amending certain laws in connection with the adoption of the Social Services Act

Contents