Decree No. 130 / 1984 Coll.
Decree of the Federal Ministry of Labour and Social Affairs implementing the Law on maternity leave
Valid
Effective from 01.01.1985
130
DECLARATION
Federal Ministry of Labour and Social Affairs
of 22 November 1984
implementing the maternity allowance law
The Federal Ministry of Labour and Social Affairs shall, in agreement with the Central Council of Trade Unions and with the competent central authorities pursuant to Article 16 of Act No. 107 / 1971 Coll., on maternity allowance, as amended by the statutory measure of the Bureau of the Federal Assembly No. 8 / 1982 Coll., on increasing the maternity allowance and on changes in sickness insurance, and Act No. 110 / 1984 Coll., on amendments to the Law on maternity allowance ("the Act '):
Conditions of entitlement
Article 2 (1) and (2) of the Law
In the case of women who do not perform a job and study in the form of study at work or according to an individual study plan (1), the condition of full-time childcare shall be deemed to be fulfilled.
Article 2 (3) of the Act
(1) In order to qualify for a maternity allowance, a woman is required to undergo regular care of pregnant women in health care institutions during pregnancy. The woman is required to attend the first examination no later than the end of the 16th week of pregnancy, unless compliance with this period is prevented by her serious reasons, and to undergo a medical examination as instructed by the doctor. The competence of a medical establishment shall be governed by specific regulation.2)
(2) Admission of a mother's contribution to a woman who takes care of a child taken into permanent care replacing maternity care, and men under Article 13a of the Act do not prevent a child's mother from subjecting herself to regular care of pregnant women in medical institutions.
Article 5 (1) of the Law
A maternity allowance of up to two or three years of age of a child shall also apply where, between the time of birth of that child and the date of the granting of the maternity allowance to that child, another child [Paragraph 2 (2) (a) of the Act] died, completed compulsory education or training for a future occupation, reached 26 years of age, ceased to be disabled or the need for permanent care ceased.
Management
K § 10 to 12 of the Act
(1) A woman who, at the time of receiving the maternity allowance granted by the competent authority pursuant to Article 11 (1) of the Act, gives birth to another child or, where appropriate, takes over the child into permanent care replacing maternity care and is no longer a party to sickness insurance (sickness insurance, armed forces) at the date of the birth of that child and claims a new maternity allowance with the competent State authority (§ 10 (1) (d) and § 11 (2) of the Act).
(2) In the application for a maternity allowance, the woman must indicate the authority which decided on the current maternity allowance. The competent national authority shall inform that authority of its decision on the maternity allowance. If, after the date on which the new maternity allowance was granted, the payment of the existing maternity allowance has been made, the competent national authority shall settle the amounts paid in respect of the newly granted maternity allowance.
(3) Among the authorities responsible for the maternity allowance provided for in Article 11 (1) and (2) of the Act, the amounts paid in the maternity allowance are not paid to each other, even if the maternity allowance has been paid by the competent authority.
Provision of a male contribution
Article 13a (1) of the Law
Where a decision has been taken to raise a child by the competent authority, a contribution shall be granted to a man only on condition that the child has been entrusted with the child's education by this decision or that the person who has been entrusted with the child's education decision has died.
Article 13a (2) of the Law
Serious reasons for which a wife cannot care for a child are particularly meant by her long-term illness.
Article 13a of the Law
(1) The authority responsible for deciding on a male contribution may grant it from the date on which the male began caring for the child, but first from the date from which the female maternity allowance is not granted. The contribution shall be granted for a maximum period of time until it would have belonged to a woman under § 2 (1) and (2) of the Act.
(2) The provisions of the preceding paragraph of the first sentence shall apply mutatis mutandis where a maternity allowance is later granted to a woman who has started childcare.
Repeal
Decree No. 72 / 1974 Coll., on the implementation of certain provisions of the Maternity Act, as amended by Decree No. 75 / 1984 Coll., on the addition of Decree No. 72 / 1974 Coll., on the implementation of certain provisions of the Maternity Act, is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 1985.
Minister:
M. Boda v. r.
1) § 42 of Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act). Section 34 of Act No. 39 / 1980 Coll., on Higher Education.
2) Sections 4 and 5 of the Decree of the Ministry of Health No. 42 / 1966 Coll., on the provision of medical preventive care.
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Regulation Information
| Citation | Decree No. 130 / 1984 of the Federal Ministry of Labour and Social Affairs Coll., implementing the Law on Maternity Contributions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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