What is Act No. 117 / 1995 Coll.?

Act No. 117 / 1995 Coll., on State Social Support — State Social Support Act.

When it became Act No. 117 / 1995 Coll. effectiveness?

Act No. 117 / 1995 Coll. became effective 01.10.1995.

Is Act No. 117 / 1995 Coll. still valid?

Yes, Act No. 117 / 1995 Coll. is still valid and effective.

How many times was it Act No. 117 / 1995 Coll. amended?

Act No. 117 / 1995 Coll. has 93 time versions of the text.

Act No. 117 / 1995 Coll. - State Social Support Act

117

THE LAW

of 26 May 1995

on State social support

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

State social support

(1) State social support contributes to the cost of the family in connection with the birth and care of the child in certain other social situations. State social support shall be granted in the case provided for, depending on the level of income.

(2) State social aid costs are borne by the State.

(3) This law applies to legal relations which are not covered by the directly applicable European Union legislation in the field of state social benefits referred to in Paragraph 21.

§ 2

State social aid benefits are:

(a) parental contribution;

(b) birth grants; and

(c) death grants.

§ 2a

The authorities of the State Social Support which perform the public administration under this Act are:

(a) Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague ("Regional Branch of the Labour Office"),

(b) Ministry of Labour and Social Affairs.

§ 2b

(1) The holder of a postal licence may exercise a state administration under this Act if the Ministry of Labour and Social Affairs has concluded with him a public contract which will specify the conditions for the exercise of the state administration by the holder of the postal licence; the holder of a postal licence may perform a public administration to the maximum extent of the following activities:

(a) the receipt of submissions under this Act and the receipt of supporting documents for the adoption of decisions under this Act, including their transmission to the relevant regional branch of the Labour Office;

(b) providing basic information on the legislation of this Act.

(2) In order to conclude a public contract, the agreement of the superior administrative authority is not necessary. Disputes from the public contract are dealt with by the Minister for Labour and Social Affairs.

(3) The Ministry of Labour and Social Affairs and the Labour Office of the Czech Republic will publish a public contract on their official record and on their website.

(4) A public contract may provide for the financial performance obtained by the holder of a postal licence as compensation for the performance of a public administration under this law and to be determined in accordance with the pricing rules 80).

§ 3

Heading of beneficiaries

(1) The benefits of State social assistance are granted only to a natural person (hereinafter referred to as "person"), subject to the conditions laid down below, if the person and persons concerned,

(a) are reported on the territory of the Czech Republic for permanent residence under special legislation (1c), if it is national citizens of the Czech Republic; or

(b) have permanent residence in the territory of the Czech Republic under special legislation (1d), if it comes to foreigners;

the condition is that they are resident in the Czech Republic.

(2) In addition, the benefits of State social assistance under paragraph 1 shall apply even if the person and persons assessed together with it do not reside on the territory of the Czech Republic on a permanent basis under special legislation (1d) if they are:

(a) foreigners born in the territory of the Czech Republic and declared to reside in the territory of the Czech Republic under special legislation 1e), with the exception of applicants for international protection residing in the residence centre of the Ministry of Interior, up to 1 year of their age;

(b) minor foreigners entrusted in the territory of the Czech Republic to the care of their parents or to institutional care;

(c) foreigners holding a permanent residence permit with a long-term resident in the European Union in the territory of another Member State of the European Union and having been granted a long-term residence permit in the territory of the Czech Republic under special legislation (1f);

(d) family members of a foreigner referred to in (c) who have been granted a long-term residence permit in the Czech Republic under special legislation (1f);

(e) foreigners who have been granted a long-term residence permit in the Czech Republic for the purpose of scientific research under special legislation (1g);

(f) foreigners granted supplementary protection1h);

(g) foreigners who have been granted a long-term residence permit in the territory of the Czech Republic for the purpose of carrying out a job requiring a high qualification under special legislation (56);

(h) foreigners to whom an employment card has been issued under special legislation (66);

(i) foreigners covered by Section 98 (u) of the Employment Act;

j) foreigners employed in the territory of the Czech Republic or foreigners already employed in the territory of the Czech Republic for at least 6 months and are registered as jobseekers 4), provided that they have been granted a long-term residence permit in the territory of the Czech Republic under special legislation67),

(k) family members 68) foreigners referred to in points (e), (g), (h), (i) and (j), provided that they have been granted a long-term residence permit in the Czech Republic under special legislation67);

(l) persons who are entitled to benefit from directly applicable European Union1) or persons employed, self-employed, persons who retain such status and their family members entitled to equal treatment under European Union69),

the condition is that they are resident in the Czech Republic. The residence condition shall not apply to persons referred to in point (l).

(3) Parental allowance shall also be granted in accordance with paragraph 1, even if the person and persons considered together with him do not reside in the territory of the Czech Republic on a permanent basis under special legislation (1d), if the aliens to whom the intra-corporate transferee card (74) or the intra-corporate transferee card of another Member State of the European Union75 is issued for at least nine months, and if those family members are also resident in the territory of the Czech Republic.

(4) The death grants shall also be subject to the provisions of paragraph 1, even if the person and persons assessed together with them do not have permanent residence in the territory of the Czech Republic under special legislation (1d) if they are:

(a) foreigners who have been issued a short-stay visa for the purpose of seasonal employment 72) or a visa for a stay exceeding 90 days for the purpose of seasonal employment 73);

(b) foreigners who have been issued an intra-corporate transferee card (74) or an intra-corporate transferee card of another Member State of the European Union75) and who are transferred to a commercial corporation or a fissile plant based in the territory of the Czech Republic, or their family members who have been granted a long-term residence permit in the territory of the Czech Republic under special legislature68), and where such family members also reside in the territory of the Czech Republic.

(5) As regards residence, the Law on the Benefit of State Social Assistance is laid down.

(6) The Ministry of Labour and Social Affairs may, where justified, waive the condition of permanent residence.

ČÁST DRUHÁ

DEFINITION OF CERTAIN INJURY

Revenue applicable to the grant of benefits

§ 4

The income applicable to the grant of the benefit referred to in § 2 (b) shall be determined as the monthly average of the family's income for the relevant period (hereinafter referred to as "the income concerned '). The monthly average income of the family shall be determined as the sum of the individual monthly averages of income of the beneficiary and persons jointly assessed with it.

§ 5

For the purposes of determining the applicable income under this Act, income which is considered to be revenue for determining the applicable income under the Act on State Social Assistance Benefits shall be treated as income.

§ 6

The relevant period for which the relevant income is collected shall be the calendar quarter preceding the calendar quarter in which the child was born.

§ 7

(1) For the purposes of this Act, unless otherwise specified, the beneficiary and the persons considered together with him or her shall be considered as a family and the beneficiary shall be considered as a family. None of the persons may be considered as entitled persons or as jointly assessed persons simultaneously in several families if they are persons jointly assessed for the purpose of childbirth and parental contributions.

(2) The persons jointly assessed are, unless otherwise specified,

(a) dependent children (Section 11);

(b) dependent children (§ 11) and parents of such children; parents shall also be considered to have been assigned to the care of unmarried children in the care of the parent by decision of the competent authority, spouse, partner 31a) parents or persons referred to, widower or widower of the parent or of the said person and the type (partner) of the parent or said person,

(c) spouses, partner31a) or species and mate, if not parents assessed under (b);

(d) dependent children, their parents, if they are dependent children and are lonely, and the parents [point (b)] of these parents,

where the authorised person is permanently living together and jointly covering the costs of their needs.

(3) The condition that persons live permanently together and jointly pay the costs of their needs shall always be deemed to have been met, unless otherwise specified below, if:

(a) minors and their parents (paragraph 2 (b)); where the parents of the child referred to in paragraph 2 (a) are: (b) the parts of the sentence in front of the semicolon are divorced, assessed as being jointly assessed with the dependent child of the parent with whom the child is living together and, if the parent has been given custody of the child in accordance with a specific legislation, 7a) the parent designated by the parent with the dependent child shall be assessed with the dependent child on the basis of an agreement between the parents and that parents may change the agreement only on the first day of the calendar quarter;

(b) an adult, unprovided child and his or her parents, if parents and children are registered in the same apartment for permanent residence; (1c) the provisions of point (a) of the part of the sentence after the semicolon shall apply mutatis mutandis;

(c) spouses, partners living in a registered partnership.

(4) If an unprovided child is in full direct custody of the institution (s) for the care of children or youth, the child shall be considered as a family itself. Full direct arrangements shall be deemed to be provided in the institution (s) for childcare or youth care, provided that the institution (s) provides children with meals, accommodation and clothing.

(5) The Regional Branch of the Labour Office may, when deciding on benefits in cases where the persons referred to in paragraph 3 (a) to (c) do not live together for at least three months, decide not to be considered jointly.

(6) For the purposes of this law, a parent who is single, widowed or divorced is considered to be a single parent if he is not living with a species. A co-worker shall be taken into account as a jointly assessed person only if he or she has been living with the authorised person (paragraph 1) or with the person referred to in paragraph 2 for at least three months. A parent living in a registered partner31a) is not considered to be a single parent.

(7) The persons assessed jointly in accordance with paragraphs 2 and 3 shall also be those who are temporarily absent from the place where they are declared for permanent residence on grounds of continuous preparation for future occupation (§ 12).

(8) A person who is in the exercise of a safeguard measure of security detention or is in custody or in the exercise of a custodial sentence shall not be considered as being jointly assessed after the expiry of the first calendar month of the duration of the safeguard measure of security detention or detention or the execution of a custodial sentence. If, for the duration of the detention, the duration of the sentence of imprisonment or the enforcement of the protective measure is subject to security detention, both periods shall be added for the determination of the calendar month in accordance with the preceding sentence.

(9) For the purposes of this Act, the decision of the court on the

(a) entrustment of the child into the care of another person 32),

(b) adoption of child 33),

(c) transfer of the child to the care of the future adoption34),

(d) the transfer of the child to the care of the adopter before the general35),

(e) the appointment of a natural person as guardian of the child 36),

(f) entrustment of the child to foster and foster care for a transitional period of 37),

(g) entrustment of the child into foster care by foster care applicants 18),

(h) preliminary or interim adjustment of the ratio of children to 80).

(10) As with the decision of the competent authority referred to in paragraph 9, pending the decision of the court, the application for legal proceedings for the provision of a person by the guardian of the child shall be considered for entitlement to State social assistance benefits if the person is personally looking after the child for whom he has no maintenance obligation.

(11) Like the partner referred to in paragraphs 2 (b) and (c), 3 (c) and 31 (1), for the purposes of this Act, a partner with whom a citizen of a Member State of the European Union has entered into a registered partnership under the legislation of another Member State of the European Union shall be assessed.

§ 8

Determination of the amounts applicable to entitlement to benefits and their amount

(1) For entitlement to benefits or their amount, the amount of the minimum of life is the amount of the minimum of life provided for by the Law on Life and Existing Minims8). If the amount determined according to the first sentence depends on the number of persons, the persons jointly assessed referred to in Section 7 shall be taken into account. Unless otherwise provided for in this law, the amount of the minimum life of the person under consideration shall be the amount that would also be due to that person in respect of the rank of the person in the assessment under the Lifelong and Existing Minority Act (8).

(2) Where entitlement to a benefit or the amount thereof depends on the child's minimum life, the amount of the child's minimum life shall be the amount of the child's non-dependent child's minimum life as laid down in the second or subsequent order (the "child's minimum of life").

(3) The age of the child determined under the Lifetime and Existing Minimum Act (8) for determining the amounts referred to in paragraph 1 is the age that the child reaches in the calendar month for which the benefit is due.

§ 10

Proceeds

(1) Expenditure activity means activity

(a) in the Czech Republic, which establishes participation in sickness insurance,

(b) self-employed persons; for the purposes of this Act, a person who is considered to be a self-employed person shall be regarded as such for the purposes of pension insurance, 38); or

(c) carried out abroad to obtain income.

(2) For the purposes of this Act, income from a gainful activity shall mean income from the activity referred to in paragraph 1.

(3) Where the income referred to in paragraph 1 is paid from abroad, account shall be taken of the relevant period in which it was paid. If the income referred to in paragraph 1 is paid in a foreign currency, it shall be converted into the Czech currency according to the relevant rate declared by the Czech National Bank31) in force on the first day of the relevant period for which the relevant income is collected, unless otherwise specified. For the conversion of currencies where the Czech National Bank does not declare the relevant exchange rate, the exchange rate usually used by banks in the Czech Republic for the first day of the relevant period for which the relevant income is collected shall be used. If income paid in foreign currency is subject to income tax under the Income Tax Act (3), it shall be converted into Czech currency in the manner laid down for income tax purposes.

§ 11

Unprovided child

(1) For the purposes of this Act, a child shall be considered as an uninsured child until the end of compulsory education and thereafter, but not later than 26 years of age, if:

(a) is continuously preparing for a future occupation (Sections 12 to 15); or

(b) it cannot continuously prepare for a future occupation or pursue a gainful occupation for a disease or accident; or

(c) because of the long-term unfavourable health condition, he is unable to pursue a continuous gainful activity. Health assessment for the purposes of this Act is governed by the law governing the organisation and implementation of social security (58).

(2) However, a child who is the beneficiary of an invalidity pension from a third-degree invalidity insurance cannot be considered as an uninsured child.

§ 12

Continuous preparation of the child for future occupation

(1) The following shall be considered as a continuous preparation for the future occupation:

(a) secondary and higher education in the Czech Republic, 10) except:

1. studies for the duration of the service of members of the Security Corps and professional soldiers,

2. long-distance, distance, evening or combined studies at secondary schools, if the child is entitled to unemployment or retraining aid at the time of such studies,

(b) theoretical and practical preparation for employment or other gainful activities for persons with disabilities 38a) carried out under the Staff Regulations 10a);

(c) study abroad at secondary or higher education institutions, provided that, according to the decision of the Ministry of Education, Youth and Sports, it is based on a study of secondary or higher education in the Czech Republic; the exemptions referred to in points (a) (1) and (2) shall apply mutatis mutandis;

d) study at a foreign university, carried out on the territory of the Czech Republic, if, according to the decision of the Ministry of Education, Youth and Sports for the purpose of State Social Support, is equal to studies at universities in the Czech Republic,

(e) study in the higher education programme of a foreign higher education institution carried out in the Czech Republic in cooperation with a given foreign higher education institution by a Czech legal person (hereinafter referred to as the "branch of a foreign higher education institution"), provided that such study, as decided by the Ministry of Education, Youth and Sports for the purposes of State Social Support, is equivalent to studies at universities in the Czech Republic;

(f) study in the Czech Republic, which according to Article 15 is based on its scope and content on study at the schools referred to in point (a) and takes place in one-year foreign language courses with daily learning to the extent provided for in the implementing legislation and carried out by legal and natural persons for persons who have successfully passed the first graduation exam or discharge in the conservatory in the calendar year in which they begin this study;

(g) studies carried out under foreign secondary education programmes by educational institutions operating in the Czech Republic where:

1. an educational institution is a legal person having its registered office, central administration or principal place of business in the territory of a Member State of the European Union, or has been established or constituted under the law of a Member State of the European Union, provided that compulsory schooling is permitted by the Ministry of Education, Youth and Sports in that educational institution and in a given training programme under the Education Act (64); or

2. takes place in educational institutions established in the Czech Republic in diplomatic missions or consular offices of foreign states,

(h) preparation for admission as a member of the Order or similar community of the Church or of a religious society registered under the Act on Churches and Religious Societies, which shall last for at least 1 year but not more than 2 years;

(i) education in diagnostic classs65).

(2) For the purposes of this Act, the study at secondary schools referred to in paragraph 1 shall mean:

(a) secondary schools and conservatories, 39) school and school registers, 40)

(b) secondary schools established by ministries of defence, interior and justice, 41)

(c) in higher vocational schools42) enrolled in the register of schools and school establishments. 40)

(3) For the purposes of this Act, the study at universities referred to in paragraph 1 shall mean the study at universities in the Bachelor's, Master's and doctoral programmes. 43)

(4) When taking decisions in cases referred to in paragraph 1 (c), (d) or (e), the rules laid down by the Act on the organisation and implementation of social security for the management of the status of studies in secondary, higher professional or higher education institutions abroad or in foreign universities or branches of foreign higher education institutions in the Czech Republic shall apply mutatis mutandis.

§ 13

Continuous preparation of a child for a future occupation in high school

(1) Continuous preparation of a child for a future high school profession (Section 12 (2)) begins not earlier than the beginning of the first year of the school. If a pupil has started to perform his or her duties before that date, his or her continuous preparation for the future occupation shall begin on the day on which he or she began to perform those duties.

(2) The continuous preparation of a child for a future high school occupation is also considered to be

(a) the period from completion of teaching in one school year to the beginning of the following school year if the child continues without interruption in further studies;

(b) the period from the successful completion of the final or final examination, if the examination is held in May or June, to the end of the school teaching period of the school year, 44) in which such examination was carried out; This also applies if discharge was carried out in May or June;

(c) the duration of the school holidays immediately following the end of studies (45) or the period referred to in (b), unless otherwise specified.

(3) The period of school holidays referred to in point (c) of paragraph 2 cannot be considered as a continuous preparation of a child for a future high school profession if:

(a) the child has been gainful throughout the calendar month referred to in Article 10;

(b) the child has been kept in the register of applicants for employment throughout the calendar month;

(c) the gainful activity referred to in (a) and the keeping in the register of applicants for employment shall follow each other during the calendar month in such a way as to last for the whole calendar month;

(d) the last year of the study was in service. 46)

The restrictions referred to in points (a) to (c) shall not apply if the child has become a university student in the calendar year in which he has completed his continuous training in a secondary school.

§ 14

Continuous preparation of a child for a future occupation at a university

(1) The continuous preparation of a child for a future occupation at a university (Paragraph 12 (3)) shall begin at the earliest on the day on which the child becomes a university student and end on the day on which the child completed his or her university studies.

(2) The continuous preparation of a child for a future occupation shall also be considered as:

(a) the period from the end of the secondary school to the date on which the child became a university student if the child continues without interruption in further studies;

(b) the calendar month in which the child completed his or her studies at a university and the calendar month following the calendar month in which the child completed his or her studies at a university, provided that the child does not carry out his or her professional activity for the whole of the month referred to in Article 10 or is not kept in the register of applicants for employment for the whole calendar month;

(c) the period from completion of a university to the date on which the child became a student of the same or other university, provided that the study at the same or other university immediately follows the completion of a university, but no later than three calendar months following the calendar month in which the child completed his studies at the university,

(d) the period of suspension at a university for which maternity or parental leave would otherwise last 10c).

§ 15

(1) Educational institutions and persons carrying out studies pursuant to Article 12 (1) (f) (hereinafter referred to as "educational institutions") are listed in the list of educational institutions providing one-year foreign language courses with daily learning (hereinafter referred to as "the list") maintained by the Ministry of Education, Youth and Sports and, in cooperation with the Ministry of Labour and Social Affairs, includes the educational institutions in the list. The list shall contain the identification details of the educational institution, the designation of the studies referred to in Article 12 (1) (f), the date of inclusion in the list and the date of expiry of the inclusion. The list shall be published electronically in such a way as to allow remote access.

(2) Entry into the list shall be valid for a period of 3 years from the entry into force of the list decision referred to in paragraph 1, unless the inclusion has expired earlier in accordance with paragraph 6.

(3) The inclusion in the list referred to in paragraph 1 shall in particular assess the content and scope of the studies, the fulfilment of the conditions of professional and educational competence of the persons involved in the training and the fulfilment of the requirements of the application provided for in the implementing legislation.

(4) Educational institutions shall not be included in the list if:

(a) the application has not been accompanied by the documents provided for in the implementing legislation;

(b) the request contains false or incomplete information and has not corrected or completed it within the time limit set;

(c) the conditions for the proper conduct of the studies are not given in terms of personnel or material;

(d) carrying out studies would not comply with the legislation.

(5) The activities of the educational institutions shall be controlled, where appropriate, by the authority which included it in the list, in carrying out the studies referred to in Article 12 (1) (f) to the extent that they are provided for in paragraph 3.

(6) The institution which has included the educational institution in the list shall exclude it from the list if:

(a) deficiencies of a serious nature will be identified in its activities;

(b) it does not fulfil the conditions under which it was granted a decision;

(c) provide or disclose false, distorted or misleading information about the study;

(d) refuse to comply with the conditions referred to in paragraph 5;

(e) request this in writing.

(7) The Ministry of Education, Youth and Sports, in an agreement with the Ministry of Labour and Social Affairs, provides for implementing legislation on the formalities and deadlines for the submission of an application for inclusion in the list, documents for the application, content, scope and organisation of studies, conditions for the professional and pedagogical competence of persons who will participate in the provision of studies under Section 12 (1) (f), material technical conditions for the premises in which the study will be conducted, conditions for the completion of studies, content and manner of documentation management, manner and dates for the transmission of data from the documentation to the Ministry of Education, Youth and Sports.

§ 16

(1) For compulsory education 11) is also considered for the purposes of this Act

(a) continuation of pupils who have not received primary education after completion of compulsory education in primary education, 11a)

(b) tenth year of primary education in primary school special, 11b)

(c) continuation of pupils with disabilities in primary education, 11c)

(d) a course for basic education organised by a primary or secondary school in the form of daily education attended by persons under the age of 26 who have not received basic education. 11d)

(2) The period of school holidays immediately following the end of the school teaching period of the school year in which the child completes the last year of compulsory education shall also be considered as compulsory schooling. The period of school holidays referred to in the first sentence may not be considered as compulsory schooling if the child has been gainfully employed at that time or has been kept on the record of jobseekers for the entire calendar month. The second sentence does not apply if the child continues to prepare for a future profession after the end of the course in that school year.

ČÁST TŘETÍ

BENEFITS

HLAVA PÁTÁ

RODIC CONTRIBUTION

§ 30

Conditions for entitlement to the parental allowance and its amount

(1) A parent who personally looks after the child who is the youngest in the family for a full calendar month shall be entitled to the parental allowance for a maximum of three years of age of that child, at the most, until the parental allowance has been paid on account of the care of the same youngest child in the family, the total amount of CZK 350 000, unless otherwise specified. If the youngest child in the family is 2 or more children born at the same time (hereinafter referred to as "multiple babies"), the parent is entitled to 2 times the amount of CZK 350,000.

(2) In order to determine the entitlement and the amount of the parental allowance, the amount of the daily assessment basis for determining the financial assistance in maternity or sickness in connection with the birth or taking over of a child under the sickness insurance law (hereinafter referred to as the "daily assessment basis') shall be decisive.

(3) The parent selects the amount of the parental contribution to the amount

(a) not exceeding CZK 15,000 per month,

(b) more than 15 000 CZK per month where at least one parent in the family can be set at the date of birth of the youngest child in the family 70% of the daily assessment basis in excess of 15 000 CZK, with the choice of the amount of the parental allowance not exceeding 70% of the daily assessment base per month; when determining the amount of the parental allowance, the daily assessment basis of the parent, which is supported by the parent's claim for the parental contribution, shall be based on that daily assessment basis; if the daily assessment bases of both parents are documented, the higher one shall be based on; or

(c) 2 times the amounts referred to in (a) or (b) in the case of multi-digit care, up to a maximum of 2 times 70% of the daily basis of assessment per month.

(4) Where there is a change in the family of persons assessed as parents for the determination of the level of the parental contribution and in connection with that change in the daily assessment basis, the parental contribution shall be determined according to the newly met conditions, starting from the calendar month following the month in which the change in the conditions took place.

(5) Only a parent who has claimed a parental allowance shall be entitled to choose the amount of the parental allowance. The choice of the amount of the parental allowance may be changed, but not earlier than 3 full calendar months in succession for which the parental allowance has been paid, even if the parental allowance has changed the beneficiary. The choice of parental contribution cannot be made retroactively. The choice of the amount of the parental allowance shall be made on the basis of a written request from the authorised person, who shall be submitted to the Regional Branch of the Office of Labour, which shall decide on the parental contribution.

(6) If, after deduction of the sum of the amount of the parental contribution due for the current calendar month and of all the amounts of the parental contribution already paid for the preceding period, the sum of the total amount of the parental contribution would be less than the amount due for the current calendar month, the remaining amount of the parental contribution shall be paid together with the amount due for the current calendar month.

(7) Where a parent has received a benefit similar to that of a parent in another State on the youngest child in the family, the amount paid to the same child by another State shall be deducted from the total amount of the parental allowance.

§ 30a

(1) A parent who has ceased to be entitled to a parental allowance because of the birth of the next youngest child in the family or because of the entitlement to a maternity allowance for the next youngest child in the family shall be entitled to a lump sum payment which has not been exhausted from the total amount of the parental allowance for the child who has ceased to be the youngest child in the family. The condition is that at least one parent may, at the date of birth of the next youngest child in the family, establish a daily assessment basis or that one of the parents is, at that date, a person who is considered to be self-employed for the purposes of pension insurance. One-off payment shall be paid by the parents after the birth of the child who has become the youngest child in the family, in the calendar month following the calendar month in which the parent has fulfilled the reporting obligation under Article 61 (1) as regards the birth of the youngest child in the family.

(2) In the case of the care of the same child who is entitled to a parental allowance or who, pursuant to Article 30b (1), fulfils the condition of childcare for entitlement to a parental allowance in one calendar month, both parents shall be entitled to the parental allowance only once for each part of the month, and to the parental allowance provided for by the parent agreement. If parents are not assessed, the Regional Branch of the Office of Labour shall determine which of the parents shall be granted the parental allowance.

Citation	Act No. 117 / 1995 Coll., on State Social Support
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	14.07.1995
Effective from	01.10.1995
Effective until	-
Status	Valid

Act No. 117 / 1995 Coll.

State Social Support Act

Contents