Decree of the Ministry of Labour and Social Affairs No. 138 / 1997 Coll.
Decree of the Ministry of Labour and Social Affairs amending and supplementing Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended
Valid
Order
Effective from 01.07.1997
138
DECLARATION
Ministry of Labour and Social Affairs
of 18 June 1997
amending and supplementing the Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended
The Ministry of Labour and Social Affairs provides, pursuant to § 58 (a) of the Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic bodies in social security, as amended by the Act of the Czech National Council No. 144 / 1991 Coll., the Act of the Czech National Council No. 582 / 1991 Coll. and Act No. 118 / 1995 Coll., and under § 177a (1) of the Act No. 100 / 1988 Coll., on Social Security, as amended by the Act of the Czech National Council No. 37 / 1993 Coll.
The Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended by the Act of the Czech National Council No. 482 / 1991 Coll., Act No. 582 / 1991 Coll., Decree No. 28 / 1993 Coll., Decree No. 137 / 1994 Coll., found by the Constitutional Court of the Czech Republic No. 72 / 1995 Coll., Decree No. 206 / 1995 Coll., and Decree No. 264 / 1996 Coll., is amended as follows:
1. In Paragraph 33 (9), the following is inserted after the word "dog ':" in whole or in practice'.
2. In Paragraph 34 (1), the following words are inserted after the words "and citizens':" in whole or in practice '.
3. In Article 34 (7), the following shall be inserted after the words "or is": "in whole or in practice."
4. Articles 35 and 36, including Notes 22), 23) and 8) shall read as follows:
Aid for the purchase, repair and special treatment of a motor vehicle
(1) A contribution to the purchase of a motor vehicle or a contribution to the overall repair of a motor vehicle shall be granted to a citizen with a severe defect in the carrying or movement equipment referred to in points (a) to (g) of Annex 5 which the motor vehicle will use for its transport and which:
(a) is not placed for a year-round stay in a welfare institution or, where appropriate, in a medical or similar establishment;
(b) is linked to individual transport; and
(c) has not reached 62 years of age at the date of submission of the application for a contribution.
If living in the household 22) more than one citizen who fulfils the conditions laid down in the first sentence shall be granted a contribution to the purchase of a motor vehicle or a contribution to the overall repair of a motor vehicle to each of them.
(2) The allowance for the purchase of a motor vehicle or the allowance for the overall repair of a motor vehicle shall also be granted to the parents of the dependent child, if there is a child older than three years of age.
(a) with a severe defect in the carrier or motion train referred to in Annex 5 (a) to (g);
(b) completely or practically blind, or
(c) the mentally disabled who have been granted exceptional benefits in grade III due to mental illness;
and the parent will use the motor vehicle to transport this child. For the purposes of such contributions, a person who has been entrusted with the care of the parent by a decision of the competent authority shall also be considered as parents. Where a child is placed for a year-round stay in a welfare institution, or in a health care establishment or similar institution, the condition for providing the allowance according to the first sentence is that the parent visits the child regularly.
(3) The amount of the allowance for the purchase of a motor vehicle is no more than CZK 100,000, the amount of the allowance for the total repair of a motor vehicle is no more than CZK 60,000. The amount of the allowance shall be determined in particular with regard to the property ratios of the applicant and persons deemed to be close to him under the Pension Insurance Act, 23) who live with him in the household.
(4) The contribution referred to in paragraph 1 or 2 may be granted again not earlier than five years after the date of payment of the previous contribution referred to in paragraph 1 or 2. If the applicant has returned the contribution or a proportion thereof (paragraph 7), the condition in the first sentence shall not apply.
(5) Once a period of 10 consecutive years may exceptionally be granted the allowance referred to in paragraph 1 or 2 before the expiry of five years from the date of payment of the allowance referred to in paragraph 1 or 2, provided that the damage, destruction or theft of the vehicle for which the contribution has been granted is not caused by the applicant. In the case of an application for a contribution to the overall repair of a motor vehicle, it shall also be demonstrated that such repair is unavoidable. Destruction means a condition where a motor vehicle cannot be repaired at a price lower than the normal cost of a motor vehicle of the same type and age at the time of the application for a contribution. The condition for granting a contribution to the purchase of a motor vehicle in case of theft is that the stolen motor vehicle has been insured in case of theft. Paragraph 8 shall not apply to the determination of the amount of the contribution referred to in the first sentence.
(6) The contribution to the special treatment of the motor vehicle shall be granted to a citizen with a severe defect in the carrier or movement system, as set out in Annex 5. The condition for providing this contribution is that the applicant himself drives the motor vehicle and for his permanent disability the special treatment of the motor vehicle is essential. The contribution shall be granted in full on the price of such adjustment, unless otherwise specified.
(7) The contribution referred to in paragraph 1, 2 or 6 shall be granted if the applicant undertakes in writing in advance to repay the contribution paid or the proportional part thereof where:
(a) a motor vehicle whose purchase, repair or special modification of the allowance shall cease to be its property before the expiry of five years from the date of payment of the allowance;
(b) the motor vehicle shall cease to be used for the transport or transport of the child referred to in paragraph 2 before the expiry of five years from the date of payment of the allowance;
(c) no later than two months after the date of payment of the contribution shall cease to be the owner of the original motor vehicle, except for a single-track motor vehicle; the original motor vehicle is not considered to be a motor vehicle for which an application for a contribution is submitted for purchase or a complete repair; or
(d) within six months of the date of payment, no allowance shall be paid for the purchase, repair or modification of a motor vehicle.
A contribution or a proportion thereof shall not be enforced if the citizen to whom it was paid dies within five years of the date of its payment, or if the allowance paid in accordance with paragraph 2, when the child no longer fulfils the condition of insecurity, but the motor vehicle is still used for its transport. Where the damage or destruction of a motor vehicle for which a contribution has not been made by that citizen is demonstrated to be less than the amount which a citizen is obliged to repay under the first sentence, the recovery of the contribution or part of it may be waived if the ownership of that motor vehicle changes.
(8) The sum of the contributions paid pursuant to paragraphs 1, 2 or 6 shall not exceed CZK 200 000 over a period of ten consecutive years. The amounts recovered by the applicant under paragraph 7 during that period shall be deducted from the amounts paid when determining the sum according to the first sentence.
Contribution to the operation of a motor vehicle and contribution to the payment of premiums
(1) The contribution to the operation of the motor vehicle shall be granted for the period of the calendar half-year of the citizen holding the motor vehicle,
(a) the disability of which justifies the granting of exceptional advantages to severely disabled Class II or Class III citizens, with the exception of those affected by complete or practical deafness, and which will use the motor vehicle for its regular transport;
(b) which this motor vehicle will be used for the regular transport of the spouse, the child or other close persons whose disability justifies the granting of exceptional benefits to severely disabled Class II citizens, except for those affected by complete or practical deafness, or Grade III; or
(c) which is the parent of an inpatient child treated at the clinic of the faculty hospital for cancer or hemoblastosis, at the time of the necessary treatment of the acute phase of the disease in this hospital; for the purposes of this allowance, a citizen to whom the child has been assigned to the care of the parents shall also be considered as parents, on the basis of a decision of the competent authority;
if it undertakes in writing to return a proportion of the contribution paid if it no longer fulfils the conditions for granting the contribution.
(2) The citizen referred to in paragraph 1 shall be granted once in a calendar year a contribution to cover insurance premiums for liability for damage caused by the operation of motor vehicles.
(3) The amount of the contribution to the operation of a motor vehicle is CZK 3500 for citizens whose disability justifies the granting of exceptional benefits for severely disabled third-degree citizens and for the parents of the child referred to in paragraph 1 (c) and CZK 1750 for citizens whose disability justifies the granting of exceptional benefits for severely disabled third-degree citizens. Where the conditions for granting the contribution referred to in paragraph 1 are met only during the calendar half-year, the amount of the contribution shall be a proportion of the amounts referred to in the first sentence.
(4) A citizen referred to in paragraph 1 who, for serious reasons, travels more than 4500 km per calendar half-year, the amount of the allowance paid in that calendar half-year shall be increased:
(a) 400 CZK, if it is citizens whose disability justifies the granting of exceptional benefits to severely disabled third-degree citizens and to the parents of the child referred to in paragraph 1 (a). (c) or
(b) 200 CZK, if it is citizens whose disability justifies the granting of exceptional advantages to severely disabled Class II citizens,
for every other 500 km started. In particular, transport to employment or health care facilities and transport of the child to a boarding school or to a care institution for disabled young people shall be considered as serious reasons.
(5) The allowance referred to in paragraph 1 shall be paid by the end of the calendar month following that in which the allowance was granted. The contribution referred to in paragraph 4 shall be paid at the earliest after the end of the calendar half-year for which the contribution referred to in paragraph 1 has been granted, but not later than the end of the calendar month following that in which the contribution referred to in paragraph 4 has been granted.
(6) The contribution to the insurance of the legal liability for damage caused by the operation of motor vehicles shall be granted at an amount which the citizen is obliged to pay under a special regulation, but not more than the amount of the premium for a passenger car up to a total weight of 3500 kg with a lifting capacity of 1350 cm3.8)
22) Article 115 of the Civil Code.
23) § 24 of Act No. 155 / 1995 Coll.
8) Decree of the Ministry of Finance of the Czech Republic No. 492 / 1991 Coll., laying down the scope and conditions of statutory liability insurance for damage caused by the operation of a motor vehicle, as amended by Decree No. 582 / 1992 Coll., No. 327 / 1993 Coll., No. 246 / 1994 Coll., No. 307 / 1995 Coll. and No. 317 / 1996 Coll. '
5.
Individual transport allowance
(1) Individual transport allowance is granted for the calendar half-year
(a) a citizen with a severe defect in the carrier or movement system referred to in Annex 5 (a) to (g);
(b) a citizen completely or practically blind; or
(c) the parent referred to in Article 36 (1) (c);
which is not a holder of a motor vehicle or a citizen referred to in Article 36 (1) (b), who is transported by a motor vehicle for which a contribution is granted in accordance with Article 36, shall undertake, in writing in advance, to return a proportion of the contribution paid if it no longer fulfils the conditions for granting the individual transport allowance.
(2) The amount of the individual transport allowance is CZK 3000; the allowance shall be paid by the end of the calendar month following that in which the allowance was granted. ';
6. In § 42 paragraphs 4 and 5, the amount "400 CZK" is replaced by "200 CZK."
7. In Paragraph 42 (5), the word "Invisible 'is replaced by" Completely or practically blind' and the following words are inserted before the word "Blind ':" Completely or practically'.
8. In Article 45, the following words are inserted after the words "and citizens':" in whole or in practice '.
9. In Section 46, the words "completely or practically 'shall be inserted after the word" contribution'.
10. In Paragraph 46, the following words are inserted before the word "blind ':" completely or practically'.
11. In Annex 1, point 16, the following is inserted before the word "blind ':" in whole or in practice'.
12. In Annex 3, point 3 (c), the following is inserted before the word "blind ':" in whole or in practice'.
Transitional provisions
(1) In the procedure for the granting of the contributions pursuant to Sections 33 to 36, Sections 42, 45 and 46 of Decree No 182 / 1991 Coll., which was not definitively concluded on 1 July 1997, the provisions in force before 1 July 1997, if this is more favourable to the applicant.
(2) The entitlement to the allowance provided for in Paragraph 36 of Decree No 182 / 1991 Coll., which runs on 30 June 1997, expires on 31 December 1997 at the latest; However, as from 1 July 1997, the amount of the allowance shall be governed by the provisions of this Order. The amount of the contribution pursuant to Paragraph 36 of Decree No 182 / 1991 Coll. shall be fixed in the period from 1 July 1997 to 31 December 1997 by reducing the amount already paid for that period.
(3) The amount of the contribution granted under Article 42 of Decree No 182 / 1991 Coll. before 1 July 1997 is subject to the provisions of that decree as from 1 July 1997.
(4) The procedure for granting the grant pursuant to Section 37 of Decree No 182 / 1991 Coll., which was not definitively terminated on 1 January 1998, shall be followed in accordance with the rules in force before 1 January 1998 if this is more favourable for the applicant.
(5) The entitlement to the allowance provided for in Paragraph 37 of Decree No 182 / 1991 Coll., which runs on 31 December 1997, expires on that date.
6. Even point 4 of that decree, the contributions paid under Paragraph 35 of Decree No 182 / 1991 Coll. before 1 July 1997 are also included.
This Decree shall take effect on 1 July 1997, with the exception of Article I (5), which shall take effect on 1 January 1998.
Minister:
Ing. Vodice v. r.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 138 / 1997 Coll., amending and supplementing Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended |
|---|---|
| Regulation Type | Order |
| 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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