Act No. 132 / 1997 Coll.
Act on Social Contribution to Compensation for Rent Increase and Amendment to Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 137 / 1996 Coll.
Valid
Effective from 01.07.1997
132
THE LAW
of 11 June 1997
on the social contribution to compensate for the increase in rent and amending Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 137 / 1996 Coll.
Parliament has decided on this law of the Czech Republic:
Social contribution to offset rent increases
In order to mitigate the social consequences of the increase in rent (1), the State provides as a special social benefit a social contribution to offset the increase in rent (hereinafter referred to as "the contribution ').
Conditions for entitlement to the allowance
(1) A natural person (hereinafter referred to as "person") who uses a flat (2) on the basis of a lease contract (3) is declared permanently in this apartment (4) and is obliged to pay rent, which is rectified at a maximum level according to a special rental regulation (5). The condition of the use of an apartment under a lease contract shall be deemed to be fulfilled even if the lease agreement has been terminated (7) by a decision of the court which has given the consent to denounce the lease of the apartment for reasons which the lessee itself did not cause and, on the basis of the decision of the court in the apartment, still resides.
(2) The condition for entitlement to the allowance is that:
(a) for the apartment referred to in paragraph 1, there has been an increase in basic rent (8) against the amount in force on 1 June preceding the date on which the basic rent was increased, 8)
(b) the applicable income of the family (Section 3) does not exceed the amount of the product of the family's minimum life and the coefficient of 1,60;
(c) the beneficiary has duly paid the rent and services provided in connection with the use of the apartment referred to in paragraph 1 during the relevant period (Paragraph 3 (2)); the services provided in connection with the use of the apartment shall be the services referred to in the specific rental regulation, 9)
(d) the beneficiary and other persons assessed with him (§ 4) are reported to be permanently or for long stay in the Czech Republic under special regulations, 10)
(e) the beneficiary and the persons examined together with him have given his written consent to communicate to the competent authority which decides or pays the allowance to the public authorities, employers and other legal and natural persons the amount of the income of those persons and the details of the check-in for permanent residation.4)
(3) The allowance shall be paid once per calendar month. Where more than one person fulfils the conditions for entitlement to the allowance in the same flat, the allowance shall be granted once only to a person designated by agreement between them. If these persons are not assessed, the district office shall determine which of these persons shall be awarded the allowance.
(1) The income applicable to the grant shall be determined as the monthly average of the income of the family for the relevant period (hereinafter referred to as "the income applicable ').
(2) The period for which the income is determined shall be the period of the calendar quarter preceding the calendar quarter to which the entitlement to the allowance is applied or to which the calendar month (two calendar months) falls (2 calendar months), where the entitlement to the allowance is applied for that shorter period.
(3) For the purposes of determining the income in question, the following shall be regarded as income:
(a) the revenue referred to in § 5 (1), (2), (4) to (6) of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll. and Act No. 242 / 1997 Coll. (hereinafter referred to as "the Act on State Social Aid," and
(b) child allowance, parental allowance and provision allowance granted under the State Social Support Act.
(1) For the purposes of this Act, the beneficiary and the persons considered together with him shall be considered family. The persons assessed jointly are those who, together with the authorised person, are reported in the apartment referred to in § 2 (1) for a permanent place.4)
(2) A person who is in custody or in the execution of a custodial sentence shall be treated as being jointly considered to the extent and under the conditions laid down in Section 7 (8) of the State Social Aid Act.
(3) The County Office may decide, when deciding on a contribution in cases where one of the persons jointly assessed does not use an apartment in the long term and is demonstrably not using it, not to take account of it when assessing the entitlement to the allowance and its amount, even if it is reported to be resident in the apartment. 4)
(1) For entitlement to the allowance or its amount, the amount
(a) life-minima;
(b) necessary to ensure the necessary household costs ("the amount of household costs")
means such an amount provided for in the Life Minimum Act. 11) If the amount determined according to the first sentence depends on the number of persons, the persons jointly assessed referred to in Section 4 shall be taken into account.
(2) The age of the child determined under the Life Minimum Law for the determination of the amount referred to in paragraph 1 shall be that which the child reaches in the calendar month for which the allowance is due.
(3) For entitlement to the allowance for a calendar month, the relevant amounts of the family life minima shall be valid on the first day of that calendar month.
Period for which the allowance is granted
(1) The allowance is granted
(a) for the period of the calendar quarter following the calendar quarter for which the relevant income is collected, provided that the conditions for entitlement to the allowance on the first day of that period are fulfilled; or
(b) within the calendar quarter period referred to in (a) for a shorter period, provided that the conditions for entitlement to the allowance are met only for that shorter period; the allowance shall be granted for at least one calendar month, even if the conditions for entitlement to the allowance are fulfilled only for a part of that month.
(2) The allowance shall not exceed 31 December 2000 if the conditions are met.
Amount of the contribution
(1) The amount of the allowance per calendar month is the product of the basic amount of the allowance and the rent growth coefficient according to the size of the municipality.
(2) The basic amount of the contribution shall be determined as the difference between the product of the amount of household costs and the calculation coefficient and the proportion in which the numerator is the product of the amount of household costs, the calculation coefficient and the relevant income in the family and the denominator shall be the product of the amount of the family's living minimum and the coefficient of 1,60.
(3) In order to determine the basic amount of the contribution referred to in paragraph 2, the amount of the family's subsistence minimum shall be the applicable amount on the first day of the calendar month for which the amount of the contribution is to be fixed and the amount of the household costs applicable on 1 July 1997, 1 July 1998, 1 July 1999 and 1 July 2000 respectively.
(4) Calculation coefficient for determining the basic amount of the allowance referred to in paragraph 2 for entitlement to the allowance during the period
(a) from 1 July 1997 to 30 June 1998, shall be 0,60;
(b) from 1 July 1998 to 30 June 1999, shall be 0,40;
(c) from 1 July 1999 to 31 December 2000 shall be 0,30.
(5) The rent growth coefficient for the municipality is:
(a) for Prague, 1,80;
(b) for municipalities with a population of 100 000 inhabitants of 1,00,
(c) for other municipalities 0,50.
(6) For the period after 30 June 1998, the Government may adjust the rent growth coefficient according to the size of the municipality if the maximum price of the basic monthly rent was changed (12) depending on the size of the municipality or on the adjustment of the inflation rate. 13)
(7) Where the contribution calculated under the preceding paragraphs is higher than the difference between the basic charter8) on the first day of the calendar month and the basic rent applicable on 1 June preceding the date on which the basic rent was increased, the allowance shall be equal to that difference only.
(8) Where the family income determined for the determination of the proportion referred to in paragraph 2 is below the family minimum, an amount corresponding to the family minimum shall be taken into account for determining the amount of the contribution as the family income.
(9) If the amount of the allowance does not reach CZK 50 per calendar month under the previous paragraphs, it shall be increased to that amount.
Payment of the contribution
(1) The allowance shall be paid on a monthly basis, after the end of the calendar month for which it belongs and at the latest by the end of the calendar month following that for which it belongs.
(2) The contribution is paid by the district office responsible for deciding on the contribution (§ 11).
Entitlement to the allowance and its payment
(1) The entitlement to the allowance shall cease on the date on which the beneficiary ceases to be the tenant of the flat or whose conditions of entitlement to the allowance have ceased to be fulfilled.
(2) The entitlement to the allowance shall expire one year after the last day of the calendar month for which the allowance is due, unless otherwise specified.
(3) The right to reimbursement or reimbursement, where appropriate, of amounts paid unjustly or at a higher rate than those due shall expire one year after the date on which the contribution was paid.
(4) The allowance may not be granted before 1 January 2001 if entitlement to the allowance has not been claimed before 1 April 2001.
Obligations of public authorities, employers and others
(1) State authorities, employers and other legal and natural persons are required, if the condition set out in Paragraph 2 (2) (d) is met, to invite the competent district office to decide on the contribution or to communicate, at the request of the applicant, the information applicable under this Act for entitlement to the contribution, its amount or payment free of charge.
(2) The landlord of the apartment shall issue a written confirmation to the applicant free of charge that the tenant of the apartment is a tenant of the rent referred to in Article 2 (1), of the amount of the basic rent (8) and its change against its amount valid on 1 June preceding the date on which the rent was increased and the date of the change and whether the lessee of the apartment had properly paid the rent and services provided in connection with the use of the apartment during the relevant period [§ 2 (2) (c)].
Decision on the contribution
(1) The district authorities decide on the contribution.
(2) The local jurisdiction of the District Office shall be governed by the place where the beneficiary is declared for permanent residence.
Initiation
(1) The procedure for granting the allowance shall be initiated on the basis of a written request by the authorised person submitted to the competent district office on the form prescribed by the Ministry of Labour and Social Affairs.
(2) The procedure for amending or withdrawing the amount of the contribution already granted shall be initiated at the request of the authorised person or at the initiative of the district office.
Forms of application
(1) The application for a contribution shall contain:
(a) the name, surname, address of the apartment and the birth number of the authorised person and persons jointly assessed in accordance with Article 4 and the place of permanent residence for which those persons are reported;
(b) details of the amount of the basic rent applicable to entitlement to the allowance;
(c) the consent of the authorised person and the persons examined together with him pursuant to Article 2 (2) (e);
(d) determining how the contribution is to be paid (Section 58 (3) of the State Social Aid Act);
(e) confirmation of the amount of income (Section 3) of the authorised person and persons assessed together with him, which were achieved during the relevant period;
(f) the apartment owner's certificate referred to in Section 10;
(g) facts demonstrating the child's insecurity.
(2) If the landlord of the apartment has refused to issue to the applicant for the allowance the certificate referred to in Section 10, the applicant shall attach an affidavit to the application referred to in paragraph 1, stating the facts referred to in Section 10 (2) and the fact that the landlord of the apartment has refused to issue the certificate.
Final provision
(1) The operative income for entitlement to the allowance due from 1 July 1997 to 30 September 1997 is collected in accordance with Article 3 for the period 1 April 1997 to 30 June 1997.
(2) Save as otherwise provided for in this law, the Act on State Social Aid shall apply mutatis mutandis, in accordance with:
(a) Article 5 (7), if it is to convert foreign income into Czech currency,
(b) Article 51 (3), if the amount of the allowance is to be fixed for part of the calendar month,
(c) Articles 49, 52, 53 (1) and (2), 54 (2), second sentence, and 4, 55 and 56, where there is a change in entitlement to the allowance, its establishment and termination, a change in its amount and a change in entitlement to the allowance,
(d) Article 57 (1), second and third sentences, and paragraphs 4, 58 (3), 59 and 60, if applicable,
(e) Article 61 (1) and (2), Article 62 (1), first sentence and Article 62 (2), if it is about the duties of the beneficiary and the reimbursement of the contribution as a result of an false declaration of honour (Article 13 (2)),
(f) Paragraph 63 (3), paragraphs 64 and 65, in so far as the obligations arising from the grant and its control are concerned,
(g) Article 68 (3), (4), (6) and (7) and Article 68a, when it comes to proving the facts,
(h) Sections 69 to 73 are applicable to the procedure for the allowance.
(3) The actions relating to the implementation of this law are exempt from judicial 14) and administrative 15) fees.
Amendment to Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll.
In Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., the second part of the second part of the second part is deleted in Part Three, together with the first part designation, § 26, § 53 (3) and § 57 (3). The amounts of the social bonus and the housing allowance for the period from 1 April 1996 to the effective date of the Act shall not be charged.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Zeman v. r.
Havel v. r.
Klaus v. r.
1) Article 696 of the Civil Code.
2) Paragraph 2 (b) of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (the Housing Act).
3) Paragraph 685 (1) and (3) of the Civil Code.
4) Article 4 of Act No. 135 / 1982 Coll., on the reporting and registration of residents.
5) Decree of the Ministry of Finance No. 176 / 1993 Coll., on rent from the apartment and payment for transactions provided with use of the apartment, as amended.
6) § 5 of Decree of the Ministry of Finance No. 176 / 1993 Coll.
7) Article 710 of the Civil Code.
8) Sections 5, 5a and 8 to 10 of Decree of the Ministry of Finance No. 176 / 1993 Coll., as amended.
9) Paragraph 11 (1) of Decree No. 176 / 1993 Coll.
10) § 4 of Act No. 135 / 1982 Coll. 6, 7 and § 19 (3) of Act No. 123 / 1992 Coll., on the residence of foreigners in the territory of the Czech and Slovak Federal Republic, as amended by Act No. 150 / 1996 Coll.
11) Act No. 463 / 1991 Coll., on Life Minimum, as amended.
12) § 5a of Decree of the Ministry of Finance No. 176 / 1993 Coll., as amended.
13) Paragraph 5a (4) of Decree No. 176 / 1993 Coll., as amended by Decree No. 30 / 1995 Coll.
14) Act No. 549 / 1991 Coll., on Judicial Charges, as amended.
15) Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
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Regulation Information
| Citation | Act No. 132 / 1997 Coll., on Social Contribution to Compensation for Rent Increase and Amendment to Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 137 / 1996 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.1997 |
|---|---|
| Effective from | 01.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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