Act No. 133 / 1997 Coll.
Act amending and supplementing Act No. 100 / 1988 Coll., on Social Security, as amended, and amending Act No. 482 / 1991 Coll., on Social Needs, as amended
Valid
Law
Effective from 26.06.1997
Text versions:
01.01.2007
26.06.1997
133
THE LAW
of 11 June 1997
amending and supplementing Act No. 100 / 1988 Coll., on Social Security, as amended, and amending Act No. 482 / 1991 Coll., on Social Needs, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 1 / 1991 Coll., Act No. 46 / 1991 Coll., Act No. 306 / 1991 Coll., Act No. 482 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 160 / 1993 Coll., Act No. 266 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 182 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll.
1. Paragraph 70 (1) and (2), including footnote 55, read:
"(1) If a pensioner is permanently so helpless that he needs treatment and service by another person, his pension is increased or the total of these pensions
(a) for partial helplessness by 20%,
(b) for the predominant helplessness by 40%,
(c) for total helplessness by 75%
the amount deemed necessary under the Life Minimum Act to ensure the nutrition and other essential personal needs of a person who is not a dependent child (hereinafter referred to as "personal needs amount '). 55)
(2) Where an increase in the pension for helplessness has already been granted, the change in amounts to personal needs shall take place at a new level set in accordance with paragraph 1 from the nearest payment of the pension due after the date on which such amounts increase.
55) Sections 3 (2) (e) and 7 of Act No. 463 / 1991 Coll., as amended by Act No. 118 / 1995 Coll. '.
(2) Part Three, Title Four, including headings 56 to 63, shall read as follows:
CONTRIBUTION FOR WHOLE OR OTHER PERSONS
The allowance for the care of a loved one or another (hereinafter referred to as "the allowance ') shall belong to a citizen who cares personally, all day long and properly for a loved one who is:
(a) predominantly or completely helpless;
(b) over 80 years of age and is partially powerless; or
(c) over 80 years of age and according to the opinion of the treating physician, needs the care of another person;
where his income paid in a calendar month is less than 1.6 times the amount for personal needs, 55) if he looks after one such person, or 2,75 times the amount for personal needs, if he looks after two or more such persons; the allowance also belongs to a citizen who takes care of a person other than a loved one if they live together in the household. 56)
The allowance provided for in Paragraph 80 also belongs to parents or grandparents, or to any other citizen who has taken custody of a child replacing the care of the parent by decision of the competent authority, caring personally, all day long and properly for a minor child older than one year, who is, under a special rule, a long-term disability requiring exceptional care. 57)
The full day care condition is deemed to be fulfilled,
(a) where a child of pre-school age is placed in a nursery or nursery or similar establishment, where appropriate, for a period not exceeding four hours a day;
(b) if they are for a compulsory schooling child during school education. For the purposes of this Act, attendance in the 10th grade of the special primary school, special school or auxiliary school shall also be considered as compulsory schooling,
(c) if the child is under 18 years of age, preparing for a future occupation by studying in a secondary school or by preparing in a school or in a special school according to a special law, 58) during the period of school teaching,
(d) if there is a child under 18 years of age who is located in a childcare facility which has been exempt from compulsory education for a period not exceeding six hours a day.
Receipt means income provided for in the Life Minimum Act; 59) income is not included
(a) social bonus and housing allowance provided under the Special Act, 60)
(b) social contribution to offset the increase in heat energy prices provided under the Special Act, 61)
(c) a social contribution to compensate for the increase in rent granted under a special law. 62)
A citizen referred to in Sections 80 and 81 shall be entitled to a monthly cash allowance equal to the difference between his income in a calendar month and 1.6 times the amount for personal needs if he is caring for one person or 2.75 times that amount if he is caring for two or more persons. If the amount of the allowance determined according to the previous sentence does not reach CZK 50 per calendar month, it shall be increased to that amount.
Close persons and helplessness are assessed under the Pension Insurance Act. 63)
56) § 115 of the Civil Code.
57) § 1 of Decree No. 284 / 1995 Coll., implementing the Pension Insurance Act.
58) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended.
59) § 6 of Act No. 463 / 1991 Coll.
60) Sections 20 to 26 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll.
61) Act No. 75 / 1997 Coll., on social contribution to compensation of thermal energy prices.
62) Act No. 132 / 1997 Coll., on 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.
63) Act No. 155 / 1995 Coll. '.
3. In Article 94 (3), the following shall be inserted after the words "competent authority," "and the levy referred to in Article 80."
Transitional provision
An increase in the pension for helplessness which, under the pension rules in force prior to the date of application of this law, was granted in amounts lower than those due under Article I or which were not granted because the pension (total of pensions) would, together with it, exceed the maximum amount laid down by those provisions, or, for that reason, be granted in a lower amount, shall, upon request, be granted or increased to the amounts due under Article 4 (1) (b). I first from the payment of the pension due in the calendar month following the month in which the Act became effective.
Efficacy
This Act shall take effect on the day of its publication.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 133 / 1997 Coll., amending and supplementing Act No. 100 / 1988 Coll., on Social Security, as amended, and amending Act No. 482 / 1991 Coll., on Social Needs, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.1997 |
|---|---|
| Effective from | 26.06.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Social security law
The regulation text is for informational purposes only.
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