Act of the Czech National Council No. 114 / 1988 Coll.
Act of the Czech National Council on the competence of the institutions of the Czech Socialist Republic in social security
Valid
Effective from 01.10.1988
114
THE LAW
Czech National Council
of 27 June 1988
on the competence of the authorities of the Czech Socialist Republic in social security
The Czech National Council decided on this law:
SOCIAL SECURITY AUTHORITIES AND THEIR TASKS
Social security authorities
(1) Social security under this Act ensures:
a) Ministry of Labour and Social Affairs of the Czech Republic,
(b) the Regional Office;
(c) the municipal authority of the municipality with extended scope,
(d) the entrusted municipal authority,
(e) the Municipal Office.
(2) In the social security sector, municipalities and regions are also responsible.
(3) Social security under this Act includes:
(c) social welfare.
Ministry of Labour and Social Affairs of the Czech Republic
(1) Ministry of Labour and Social Affairs of the Czech Republic ("Ministry")
(a) manage and control the performance of public administration in social security;
(d) ensure tasks related to the further development of social security.
(2) The Minister for Labour and Social Affairs may remove the hardness that would arise in the implementation of social care.
The Regional Authority manages and controls the performance of the state administration in social security.
Municipality and municipal authorities
In providing social welfare benefits, the Municipal Office provides professional assistance to citizens.
SCOPE OF MANAGEMENT OF SOCIAL SECURITY, CIVIL AND GENERAL AUTHORITIES IN SOCIAL SECURITY
SCOPE OF THE CITIZENS AND GENERAL OFFICIALS AT THE SOCIAL INSTALLATION
The municipality organises and provides social care to citizens within the scope laid down by this law. To this end, in cooperation with state bodies, civil associations, churches, charities and other organisations and individuals, it seeks citizens in need of social care. If the provision of services and benefits to be provided to these citizens is not within the jurisdiction of the municipality, the municipal authority of the municipality shall draw attention to these citizens with extended scope and, where appropriate, shall provide them with the provision of benefits and services.
Family and children care
Scope of municipalities and municipal authorities
Scope of regional national committees
Authorisation of family-care citizens
In the performance of their duties, the authorised members and staff of the municipalities shall be entitled to visit the family in the flat; they also have the right to request the necessary information and explanations from all participating organisations and citizens.
Care for severely disabled citizens
Scope of municipalities and municipal authorities
Municipality under separate scope
(a) ensure the participation of severely disabled citizens in joint catering;
(b) facilitate the involvement of severely disabled citizens in cultural and social life;
(c) contribute to addressing the problems of living in severely disabled citizens.
In addition, the entrusted municipal authority (11) decides on the grant of the allowance for the use of wheelchair-free apartment and garage and the contribution to the completely or practically blind.
Scope of the regional national committees
(1) The municipal authority of the municipality with extended scope further decides
(a) on the granting of one-off allowances for special assistance measures to citizens with physical, visual and auditory disabilities;
(b) the provision of contributions to the purchase, repair and special treatment of a motor vehicle;
(c) providing a contribution to the operation of a motor vehicle;
(d) the grant of allowances for the adjustment of the flat;
(e) granting exceptional advantages to severely disabled citizens,
(f) granting interest-free loans to severely disabled citizens granted a contribution to the purchase of a motor vehicle;
(g) providing an individual transport allowance.
(2) The municipal authority of the municipality with extended scope issues certificates of emergency benefits, keeps records and decides on their invalidity. The municipal authority of the municipality with extended scope, to which an invalid special-benefit certificate has been submitted (Section 106a of the Social Security Act), shall transmit this card to the municipal authority of the municipality with extended scope which issued it.
Care for the elderly
Scope of municipalities and municipal authorities
Care for citizens in need of special assistance
Scope of municipalities
Care of citizens socially unadjusted
Care for citizens located in a health facility
Social care facilities
Assessment of the unjustifiable burden on the welfare system
(1) Authorised municipal authority
(a) assess whether a citizen of a Member State of the European Union who is declared to reside in the territory of the Czech Republic under special legislation 22a), or his family member 22b), who is reported to reside in the territory of the Czech Republic under special legislation 22a), has not become an unjustifiable burden on the welfare system;
(c) the finding that the person referred to in (a) has become an unjustifiable burden on the welfare system.
(2) The competent municipal authority shall be empowered to carry out the assessment and notification referred to in paragraph 1 again in justified cases.
COMMON PROVISIONS
Special beneficiary
The Municipal Office which pays the welfare benefit
(a) decide on the provisions of the special recipient of the welfare benefit in the cases provided for by the Social Security Act (46) and on its release;
(b) supervise the performance of the specific beneficiaries' duties.
Management provisions
(1) The provisions of the Administrative Rules on Administrative Procedure 26) do not apply to proceedings
(d) the granting of one-off cash and benefits in kind pursuant to Articles 32 (2) (b), 34 (1) (b), 40 (a) and (b), 43 (a) (1), 44 (1) (b), 2, where the procedure for such benefits has been initiated by an ex officio social security authority, or where the procedure initiated on a proposal ends with the granting of the levy in the required or legal scope;
(f) to remove the hardships referred to in Article 2 (2).
(2) Where the social security body finds in the proceedings referred to in paragraph 1 (d) initiated on application that the benefit cannot be granted at all or to the extent required, or that the grant of the benefit could give rise to a legal obligation on the person to whom the benefit is to be granted or to another citizen, the general rules on administrative procedures shall be followed.
(4) In the cases referred to in paragraph 1 (d), the local jurisdiction of municipalities and municipal authorities shall be governed by the place of permanent residence of the citizen.
(5) In the proceedings referred to in paragraph 1 (d), the provisions of the Administrative Rules on time limits for the decision shall apply.
The local jurisdiction of the municipal office responsible for the procedure under § 51a shall be governed by the residence of 22a) the person referred to in § 51a (1) (a).
The suspension shall not have effect against decisions which have been withdrawn or reduced or which have ceased to pay the benefit or which have been granted less than the amount required or within the legal framework defined.
(1) By way of derogation from the administrative rules, the local jurisdiction of municipalities, municipal authorities, municipal authorities of municipalities with extended competence, counties and regional authorities in social welfare matters shall be governed by the place of permanent residence of the citizen, if it is for the issue of an exceptional benefit certificate.
(2) In cases in which a municipality decides or makes a measure under this law, a benefit application shall be lodged at the municipal office. In other cases where the measure is decided or taken by the municipal authority or the municipal authority of the municipality with extended competence or the regional authority, the application shall be submitted to that authority.
Cooperation between institutions and organisations
The institutions and organisations shall, within the limits of their competence, comply with the social security applications of social security institutions and provide them with a free communication for their implementation and administration.
Judicial review
Decisions on:
(a) social welfare benefits and exceptional benefits to citizens severely disabled under § 34 (1) (a) to (e);
(b) removal of the hardships referred to in Article 2 (2).
The powers laid down by the Regional Office, the Municipal Office of the Municipality with extended competence or the Municipal Office under this Act are the exercise of the delegation.
TRANSITIONAL AND FINAL PROVISIONS
(2) This law is without prejudice to the competence of local national committees in social security matters if it has been transferred to the local national committee under the regulations of the national district committee previously in force.
The Ministry shall determine by decree the details of the provision of welfare benefits and the amount of welfare benefits.
The Act of the Czech National Council No. 129 / 1975 Coll., on the jurisdiction of the authorities of the Czech Socialist Republic in social security, as amended by the statutory measure of the Bureau of the Czech National Council No. 78 / 1979 Coll., the statutory measure of the Bureau of the Czech National Council No. 10 / 1982 Coll., the Act of the Czech National Council No. 49 / 1982 Coll., the Act of the Czech National Council No. 138 / 1982 Coll. and the Act of the Czech National Council No. 119 / 1983 Coll.
Efficacy
This Act shall take effect on 1 October 1988.
Kemp v. r.
Adamec v. r.
1) Sections 142 to 145 of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll. and Act No. 180 / 1990 Coll.
2) Paragraph 2 (1) (c) of the Social Security Act. Act No. 103 / 1964 Coll., on the security of cooperative peasants in the disease and security of the mother and child, as amended (complete version No. 240 / 1988 Coll.). Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 16 / 1959 Coll., Act No. 58 / 1964 Coll., Labour Code No. 65 / 1965 Coll., Act No. 87 / 1968 Coll., Act No. 88 / 1968 Coll., Legislative measure of the Bureau of the Federal Assembly No. 8 / 1982 Coll., Act No. 73 / 1982 Coll., Act No. 148 / 1983 Coll., Act No. 109 / 1984 Coll., Act No. 51 / 1987 Coll., Act No. 110 / 1990 Coll. Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on child benefits from sickness insurance, as amended by Act No. 99 / 1972 Coll., Act No. 73 / 1982 Coll., Act No. 57 / 1984 Coll., Act No. 109 / 1984 Coll., Act No. 51 / 1987 Coll., Act No. 103 / 1988 Coll. and Act No. 180 / 1990 Coll.
3) Part Two of the Social Security Act.
4) Part Three of the Social Security Act.
5) Act No. 107 / 1971 Coll., on maternity allowance, as amended by the legal measure of the Bureau of the Federal Assembly No. 8 / 1982 Coll., Act No. 110 / 1984 Coll., Act No. 50 / 1987 Coll. and Act No. 180 / 1990 Coll.
7) Article 73a of the Social Security Act.
9a) § 63b of Act No. 69 / 1967 Coll., on National Committees, as amended (full version No. 140 / 1988 Coll.).
9b) For example, national health institutions, health services of the Department of Correctional Education of the Czech Republic, regional administrations of SNB, regional military administrations.
11) Article 64 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended.
12) Article 5 of Act No. 482 / 1991 Coll., on Social Needs, as amended.
21) Paragraph 86 (2) of the Social Security Act.
22a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
22b) § 15a of Act No. 326 / 1999 Coll., as amended by Act No. 217 / 2002 Coll.
22c) § 106 paragraph 3 of Act No. 326 / 1999 Coll., as amended by Act No. 428 / 2005 Coll.
23) § 67 of the Czech National Council Act No. 367 / 1990 Coll.
24) § 22 paragraph 1 of the Czech National Council Act No. 418 / 1990 Coll., on the Capital City of Prague.
26) Part Two and Third Administrative Regulations.
27) Paragraph 10 (4) of the Act on National Committees, as amended by Act No. 137 / 1982 Coll.
28) Paragraph 46 of the Family Act.
29) Paragraph 100 of the Family Act. Section 74 of the Social Security Act.
30) Act No. 107 / 1971 Coll., as amended. Act No. 50 / 1973 Coll., as amended. Government Order No. 112 / 1984 Coll.
31) Articles 79 (2) and 83 (2) of the Family Act.
32) Paragraph 43 (2) (b) of the Family Act.
33) Paragraph 45 (3) of the Family Act.
34) Article 44 of the Family Act.
35) § 291 to 301 of the Code of Criminal Procedure.
36) § 8 (2) of Act No. 50 / 1973 Coll.
40) Paragraph 85 of the Social Security Act.
41) Section 50 of the Labour Code.
42) Section 84 of the Social Security Act.
44) Paragraph 86 (2) of the Social Security Act.
46) Paragraph 102 (2) (a) of the Social Security Act.
48) Paragraph 7 (2) of the Administrative Regulation.
49) Paragraph 144 (3) of the Social Security Act.
50) Paragraph 144 (1) of the Social Security Act.
51) § 84 of the Administrative Code. § 9 (1) and § 10 (2) of Decree No. 108 / 1964 of the State Social Security Office Coll., on the competence of national committees in social security matters. Articles 10 (2) and 12 (2) of Decree-Law No 59 / 1964 Coll., on the tasks of national committees in the care of children.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 114 / 1988 Coll., on the competence of the authorities of the Czech Socialist Republic in social security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.1988 |
|---|---|
| Effective from | 01.10.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0