Act No. 113 / 2006 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and Act No. 279 / 2003 Coll., on the Enforcement of Assets and Goods in Criminal Procedure and on the Amendment of Certain Acts
Valid
Effective from 01.04.2006
113
THE LAW
of 14 March 2006
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and Act No. 279 / 2003 Coll., on the Enforcement of Assets and Matters in Criminal Procedure and on the Amendment of Certain Acts
Parliament has decided on this law of the Czech Republic:
Amendment of the State Social Support Act
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 237 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 438 / 2003 Coll., Act No. 320 / 2002 Coll., Act No. 125 / 2003 Coll., Act No. 362 / 2003 Coll.
1. In Section 1, the following paragraph 3 is added:
"(3) This law shall apply to legal relations which are not covered by the directly applicable European Communities Regulation in the field of state social benefits referred to in Paragraph 21).
1) Council Regulation (EEC) No 1408 / 71 of 14 June 1971 on the application of social security schemes to persons employed, self-employed and members of their families moving within the Community. Council Regulation (EEC) No 574 / 72 of 21 March 1972 laying down the procedure for implementing Regulation (EC) No 1408 / 71 on the application of social security schemes to persons employed, self-employed and members of their families moving within the Community. Council Regulation (EC) No 1612 / 68 of 15 October 1968 on the free movement of workers within the Community. '
Footnote 1, 1a and 1b shall be renumbered footnotes 1a, 1b and 1c, including the footnotes.
2. in § 2 (b) (2):
"2nd allowance for school supplies,"
3. in Article 5 (1) (b), including footnote 3a to 3h, the following shall be added:
"(b) the income tax exempt under Articles 4 (1) and 6 (9) of the Income Tax Act is:
1. revenue from the operation of small hydropower plants up to 1 MW, wind power plants, heat pumps, solar installations, biogas and wood gas plants, electricity or biomass heat plants, biodegradable plants, geothermal energy plants, to the extent and under the conditions under which they are exempt from income tax under the Income Tax Act;
2. income received in connection with or compensation for maintenance obligations under the Family Act or similar services provided from abroad;
3. the fees and allowances due for the service or training under difficult conditions or in difficult and healthy conditions, and the reimbursement of the income of military training provided by the armed forces to soldiers in primary training, pupils of schools who are not in active service, soldiers called on to exercise and soldiers in active reserve on a voluntary basis under the special legislature3a),
4. the monthly housing allowance, the service allowance, the severance allowance and the severance allowance, provided by an occupational soldier under special legislation3b),
5. the severance and service allowance granted to a member of the Security Corps in accordance with special legislation3c),
6. income from the transfer of members' rights to the cooperative, the transfer of shareholdings in the transformed cooperative 3d), not including the sale of securities, if the period between acquisition and transfer exceeds five years, to the extent and under the conditions under which they are exempt from income tax under the Income Tax Act,
7. revenue accruing as compensation for the burden of goods incurred by law or by a decision of a State body under special legislation (3e);
8. compensation for loss of service income (salary) granted to members of the armed forces and security corps under the special legislature3f;
9. wage compensation paid under special legislation3g) equal to the difference between sickness insurance benefits;
10. compensation for pension losses granted under the Labour Code for the period before 1 January 1989 and paid after 31 December 1992,
11. special allowance granted in foreign currency to members of the armed forces and security corps seconded to UN peacekeeping forces outside the territory of the Czech Republic 3h) for the duration of their activities abroad,
12. severance grants pursuant to Decree No. 19 / 1991 Coll., on the employment and physical security of workers in the mining sector who have long-term incapacity for work, as amended by Decree No. 405 / 2003 Coll., paid to workers who have been reassigned or released for health reasons for occupational risk, occupational disease, accidents at work or diseases arising from or deteriorating from the effects of the working environment,
After deduction of expenditure incurred in attaining, securing and maintaining them and other expenditure deducted from such revenue under the Income Tax Act, which is to be determined for this purpose by analogy with such expenditure for determining the taxable base under the Income Tax Act,
3a) § 74 et seq. of Act No. 220 / 1999 Coll., on the course of essential or substitute service and military exercises and on certain legal ratios of soldiers in reserve.
3b) Articles 61 (4) and 131 of Act No. 221 / 1999 Coll., on professional soldiers, as amended by Act No. 254 / 2002 Coll.
3c) § 155 and 157 of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps.
3d) Act No. 42 / 1992 Coll., on the treatment of property relations and settlement of property rights in cooperatives, as amended.
3e) For example Act No. 13 / 1997 Coll., on Road, as amended.
3f) § 117 and 118 of Act No. 221 / 1999 Coll., as amended by Act No. 254 / 2002 Coll. § 102 et seq., Act No. 361 / 2003 Coll., as amended by Act No. 436 / 2004 Coll.
3g) Paragraph 7 (2) of Decree No 19 / 1991 Coll., on the employment and physical security of miners ineligible for the present work, as amended by Decree No 405 / 2003 Coll.
3h) Article 11 (2) of Act No. 143 / 1992 Coll., on the salary and remuneration of on-call duty in the budget and in certain other organisations and bodies, as amended. '
4. in Article 5 (3) (b) and (c):
"(b) points 2 to 9 and 11 of point (b) in the calendar year in which they were paid,
(c) in (b) (10) and (12) in the calendar year in which they were entered in the accounts of the payer; ';
5. In Article 5 (4) (c), the words "if the income referred to in point 1 is concerned, with the exception of the income referred to in Article 4 (1) (e) of the Income Tax Act, and points 2 to 6 and 6 (9) (j), (l) and (p) of the Income Tax Act 'are replaced by the words" points 2 to 9 and 11'.
6. in Article 5 (4) (d), the words "if the income referred to in Article 6 (9) (m) and (s) of the Income Tax Act are replaced by the words" points 10 and 12. "
7. In Article 5 (5), "Paragraph 4 (1) (e) of the Income Tax Act 'is replaced by" paragraph 1 (b) (1)'.
8. In Article 5 (6), "Paragraph 4 (1) (e) of the Income Tax Act 'is replaced by" paragraph 1 (b) (1)'.
9. In Article 7, the sentence "Under the same conditions as in the first sentence, if there is a social premium, the child who is in the personal care of a person who does not have a maintenance obligation on the child shall be added at the end of paragraph 5. ';
10. Paragraph 7 (10) is deleted.
Paragraphs 11 and 12 shall be renumbered paragraphs 10 and 11.
11. in Article 7, the following paragraph 12 is added:
"(12) As with the decision of the competent authority referred to in paragraph 11, the claim for State social assistance benefits shall be assessed, pending the decision of the court, for the application by the court to open legal proceedings for the provision of a person by the guardian of the child if the person is personally caring for the child for whom he is not entitled to maintenance. ';
12. in Article 12 (1) (a) (1), the words "during the exercise of military basic or alternative services, civil services or" shall be deleted;
13. In Paragraph 24, the sentence "For the purpose of entitlement to the housing allowance, the period between the termination of the lease and the last date of the time limit for the removal of an apartment under Paragraph 712a of the Civil Code shall be considered as" the period from the termination of membership of the housing cooperative to the provision of a housing refund under Section 714 of the Civil Code, and the period from the death of the tenant of the service apartment, the divorce of his marriage or the permanent abandonment of the common household to the provision of an adequate replacement apartment for the beneficiaries under Section 713 of the Civil Code. "
14. in Paragraph 30 (2) (c), "(§ 7 (12))" is replaced by "(§ 7 (11) and (12)."
15. in Paragraph 31 (2) (b), the words "during the exercise of military basic (replacement) services, civil services or" shall be deleted;
16. Part Three, Title Six, including the title and footnote 47c, reads:
CONTRIBUTION TO SCHOOL ASSISTANCE
Conditions for entitlement to school allowance
(1) The entitlement to the allowance for school aids is granted to a child who has been enrolled in compulsory education under the special legislation 47c) and is entitled to a child allowance.
(2) Entitlement to the allowance for school aids for children
(a) on 1 June of the calendar year in which the child was registered for compulsory education, where no decision has been made before that date to postpone the compulsory education of that child;
(b) on 1 June of the calendar year following the calendar year in which the child was registered for compulsory education, where the postponement of compulsory education of that child was decided by 1 June of the calendar year in which the child was enrolled for compulsory education and where no redecision was made on the postponement of compulsory education by 1 June of the calendar year following the calendar year in which the child was enrolled for compulsory education;
(c) on 1 June of the calendar year following 1 June of the calendar year laid down for entitlement under point (b), where the contribution referred to in point (b) has not been granted because a redecision has been made to postpone compulsory education;
if the child is entitled to a child allowance for the month of May, immediately prior to 1 June, in which the child is entitled to a school allowance.
(3) The allowance for school supplies belongs to the child only once.
Amount of the allowance for school supplies
(1) The amount of the school allowance is CZK 1,000.
(2) The allowance for school supplies is paid in one lump sum.
Payment of school allowance
(1) The school allowance shall be paid to the person who has the child in direct care. If the child is in direct custody of more than one person, the allowance shall be paid to the person designated by agreement of the person concerned. If these persons are not assessed, the State Social Aid Office shall determine which of these persons shall be paid the allowance for school supplies.
(2) If, on the date on which the child is entitled to a school allowance is in full direct custody of the institution (s) for the care of children or youth, that allowance shall be paid to that institution (s).
47c) Sections 36 and 37 of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act). '
17. in Paragraph 37 (4), the words "(§ 7 (12))" are replaced by the words "(§ 7 (11)) or in the care of the person referred to in Article 7 (12)."
18. in Paragraph 40b (2), "(§ 7 (12))" is replaced by "(§ 7 (11) and (12)";
19. In Article 41 (1), the words "or the person who, before the decision of the court to entrust the child to foster care, has been entrusted to the care of the parent [Article 7 (12) (f)] 'are deleted.
20. In the first sentence of Paragraph 43 (3), "to 40b 'is replaced by" to 42'.
21. In the second sentence of Paragraph 43 (3), the words "and this child" shall be inserted after the word "duty."
22. in Paragraph 46 (1):
"(1) The amount of the birth allowance shall be:
(a) if one child is born, the product of the amount for the personal needs of that child and the coefficient of 10,00;
(b) if two or more children are born at the same time, the sum of the amounts for the personal needs of these children and the coefficient 15.00. "
23. in Paragraph 51 (4), the words "Paragraph 2 (b) No 2," shall be deleted;
24. in Article 54 (2), "and (b) (1) and (2)" shall be replaced by "§ 2 (b) (1)."
25. in Article 54 (3), the number "2" is inserted after the word "points."
26. in Article 54 (3), the following point (a) is inserted:
"(a) from 1 June of the year in which the entitlement to the school allowance was acquired, if any, '.
Points (a) to (e) shall be renumbered (b) to (f).
27. in Paragraph 57 (1), "points 1, 2 and 4" are replaced by "points 1 and 4";
28. in Paragraph 57 (2), "points 5, 2 (b) (6)" shall be replaced by "points 2, 5 and 6";
29. in Paragraph 58 (2), "points 1, 2 and 4" shall be replaced by "points 1 and 4";
30. Paragraph 61 (6) is deleted.
(31) In Article 63a (1), the sentence "The first sentence shall also apply to the public authorities, if they are the employer of the person whose information is collected for entitlement or the amount of the benefit under Article 63."
32. In Paragraph 65, the words "unless otherwise specified 'shall be added at the end of the text of paragraph 1.
33. In Article 65, at the end of paragraph 2, the sentence "The second sentence shall apply mutatis mutandis to the authorisation to inspect a State body which fulfils the obligations under Article 63 as the employer of the person whose data are collected for the entitlement or the amount of the benefit."
34. in Paragraph 65, paragraphs 4 and 5 are deleted;
Paragraph 6 shall become paragraph 4.
35. in Paragraph 65 (4), the first sentence shall be replaced by the sentence "Order fine imposed pursuant to paragraph 3 shall be collected and enforced by a State aid authority whose staff member has imposed an order fine."
36. In Part Four, Title II, the following Part Four is inserted after Part Three:
Administrative offences
Transfers
(1) A natural person, with the exception of the persons referred to in paragraph 2, shall commit an offence by failing to comply with the obligation to communicate, free of charge, the information required under Paragraph 63 (1) of this Law for entitlement to the benefit, its amount or payment.
(2) A natural person who is the beneficiary, the person assessed jointly or the recipient of the benefit shall commit an offence by:
(a) fails to comply with the obligation to certify the facts applicable to the duration of entitlement to the benefit, its amount or payment or to declare changes in those matters within the time limit laid down in Article 61 (1) to (4); or
(b) they shall not be subjected, within the prescribed period, to a medical examination or any other professional examination in the cases referred to in Article 61 (5).
(3) A fine of up to CZK 250,000 may be imposed for an offence referred to in paragraph 1 and a fine of up to CZK 10 000 may be imposed for an offence referred to in paragraph 2.
Administrative offences against legal persons and business natural persons
(1) A legal person, or an undertaking natural person, shall commit an administrative offence by failing to comply with the obligation to disclose, free of charge, the information required under this Act for entitlement to the benefit, its amount or payment under Paragraph 63 (1).
(2) Where a legal person or an operating natural person receives a benefit, he or she shall commit an administrative offence if he or she fails to comply with the reporting obligation referred to in Article 61 (1) or fails to comply with the requirement under Article 61 (2).
(3) A fine of up to CZK 250,000 may be imposed for the administrative offence referred to in paragraphs 1 and 2.
Common provisions
(1) The legal person is not liable for the offence if he proves that he has made every effort to prevent the infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the State aid authority has not initiated proceedings on him within 1 year of the date on which he became aware of it, but no later than 3 years after the date on which he was committed.
(4) The liability for conduct arising in or directly related to the business of a natural person shall be subject to the provisions of the Liability and Penalty Act.
(5) The administrative delicacies procedure is the responsibility, at first instance, of:
(a) the State Social Aid Authority which has called for the communication of the data if it is an administrative offence pursuant to Articles 65a (1) and 65b (1);
(b) a State aid body to which the relevant facts should have been communicated or certified, or which has called for an examination of the state of health or other professional examination, if it is an administrative offence pursuant to Paragraph 65a (2).
(6) The fines shall be collected by the State Social Aid Authority which imposed them. The income from fines imposed by the labour authorities is the income of the state budget, the income from fines imposed by the regional office is the income from the budget of the county, the income from fines imposed by the Municipality of the capital of Prague is the income from the budget of the capital city of Prague and the income from fines imposed by the offices of the urban areas designated by the State of the capital of Prague is the income from the budgets of these urban areas. The fines shall be enforced by the competent financial authority.
(7) The collection and enforcement of fines imposed shall be carried out in accordance with the Taxes and Fees Management Act. ';
37. in Paragraph 68 (1) (h):
"(h) a certificate of entry of a child in compulsory school and a certificate of postponement of compulsory school, if applicable, of entitlement to a school allowance;"
38. In Paragraph 68 (1) (i), the words "or an application lodged before a court for the opening of legal proceedings for the provision of a person by a guardian of the child, if that person personally cares for a child to whom he has no maintenance obligation."
39. in Paragraph 68 (2) (a) (3):
"3. in § 5 (1) (b) (3) to (12),"
40. In Article 68 (3), the words "in respect of revenue referred to in Article 4 (1) (k), (m), (o) to (r), (zb) and (zf) and in Article 6 (9) (j), (l), (m), (p) and (s) of the Income Tax Act 'are replaced by the words" points 3 to 12'.
41. in § 68b (a):
"(a) also on a computer set up, published electronically by the Ministry of Labour and Social Affairs,"
42. In Section 72a, the current text becomes paragraph 1 and paragraph 2 is added, which includes footnotes 21b and 21c:
"(2) State social aid benefits which are not paid on a one-off basis shall be subject to the enforcement of decisions 21b) only under the rules governing the enforcement of decisions by deduction from wages 21c). State social aid benefits which are paid on a one-off basis are not subject to enforcement.
21b) For example, § 251 et seq. of the Civil Code, § 78 of the Administrative Order, § 73 of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
21c) § 299 of the Civil Code. '
Transitional provisions
1. The proceedings for fines, initiated before the date of entry into force of this law and not final until that date, shall be completed in accordance with existing legislation.
2. The applicable income for the purposes of State social aid benefits shall be determined in accordance with the rules applicable from 1 April 2006, if it is the national social aid benefits to which the entitlement arose after 31 March 2006, or if the amount of the applicable income is determined in accordance with Article 51 of the State Social Aid Act after 31 March 2006.
Amendment of the Civil Code
In Section 299 of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 519 / 1991 Coll., Act No. 30 / 2000 Coll. and Act No. 436 / 2004 Coll., the following paragraph 4 is inserted after paragraph 3:
"(4) The provisions on the enforcement of decisions by salary reductions shall also apply to the enforcement of decisions by deduction of State social aid benefits which are not paid on a one-off basis. Enforcement of decisions concerning State social aid benefits which are not paid on a one-off basis may not be carried out by order of the claim. '.
Paragraph 4 shall become paragraph 5.
Transitional provisions
1. Unless otherwise provided for, Article III of this Law shall also apply to proceedings initiated before and before the date of entry into force of this Act which have not been definitively terminated; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. In order to enforce the decision by ordering a claim ordered by law before the date of entry into force of this law and affecting the benefits of State social assistance not paid on a one-off basis, the existing legislation shall apply.
Amendment to the Code of Criminal Procedure
In Article 47 (5) of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 178 / 1990 Coll., Act No. 25 / 1993 Coll., Act No. 292 / 1993 Coll. and Act No. 279 / 2003 Coll., in point (b), the word "a 'is replaced by a comma, in point (c) is added at the end" a' and after point (c) the following point (d) is added:
"(d) State social aid benefits which are not paid on a one-off basis."
Amendment of the law on the exercise of property and property security in criminal proceedings and amending certain laws
In Article 3 (2) of Act No. 279 / 2003 Coll., on the exercise of property and property security in criminal proceedings and on the amendment of certain laws, in point (b), the word "a 'is replaced by a comma, in point (c) is added at the end" a' and after point (c) the following point (d) is inserted:
"(d) State social aid benefits which are not paid on a one-off basis."
EFFECTIVE
This Act shall take effect on 1 April 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 113 / 2006 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and Act No. 279 / 2003 Coll., on the Enforcement of Assets and Matters in Criminal Procedure and on the Amendment of Certain Laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2006 |
|---|---|
| Effective from | 01.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0