Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 142 / 1982 Coll.
Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic amending and supplementing the Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 130 / 1975 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security
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Effective from 01.01.1983
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142
DECLARATION
Ministry of Labour and Social Affairs of the Czech Socialist Republic
of 22 November 1982
amending and supplementing the Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 130 / 1975 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security
The Ministry of Labour and Social Affairs of the Czech Socialist Republic provides in agreement with the Federal Ministry of Labour and Social Affairs, other participating central bodies and the Czech Trade Union Council and after discussion with the Czech Committee of the Association of Cooperative Farmers pursuant to § 172 paragraph 7 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 150 / 1979 Coll. and under § 50 of the Czech National Council Act No. 129 / 1975 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security, as amended by the Act No. 138 / 1982 Coll.:
The Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 130 / 1975 Coll., implementing the Act on Social Security (hereinafter "the Act ') and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security (hereinafter" the ČNR Act'), as amended by Decree No. 109 / 1979 Coll., Decree No. 4 / 1982 Coll. and Decree No. 18 / 1982 Coll., is amended as follows:
1. Part One, including the title, reads:
ADMINISTRATIVE COMMISSION
ASSESSMENT COMMISSION OF SOCIAL SECURITY
Composition and hearing of the Social Security Assessment Board
The proposals for members of the Social Security Assessment Board of the District National Committee shall be requested by the District National Committee as regards:
(a) a representative of the Revolutionary Trade Union Movement from the Regional (Prague) Health Insurance Administration,
(b) representatives of production cooperatives from the Regional Committee of the Czech Union of Production Cooperatives,
(c) representative of the Czechoslovak People's Army from the District Military Administration,
(d) a representative of the Department of National Security and Military Services of the Ministry of Interior from the Regional Administration of the National Security Corps;
(e) a representative of the Czech Socialist Republic Correctional Education Corps from the department of this College, which operates in the territorial district of the District National Committee,
(f) representatives of single agricultural cooperatives from the Regional Committee of the Association of Cooperative Farmers,
(g) a representative of the District Committee of the Czech Union of Anti-Fascist Warriors from that Committee.
The proposals for members of the National Committee's Social Security Assessment Board shall be requested by the Regional National Committee in respect of:
(a) a representative of the Revolutionary Trade Union Movement from the Regional (Prague) Health Insurance Administration,
(b) representatives of production cooperatives from the Regional Committee of the Czech Union of Production Cooperatives,
c) Deputy Czechoslovak People's Army from the Regional Military Administration,
(d) a representative of the Department of National Security and Army of the Ministry of Interior from the Regional Administration of the National Security Corps;
(e) a representative of the Czech Socialist Republic Correctional Education Corps from the Correctional Education Board,
(f) representatives of single agricultural cooperatives from the Czech Committee of the Association of Cooperative Farmers,
(g) a representative of the Central (Prague City) Committee of the Union of anti-fascist fighters from that Committee.
(1) In addition to the President or his representative, the Secretary of the Commission and the doctors who are members of the Assessment Committee (§ 5a (6) of the ČNR Act), also a representative of the Revolutionary Trade Union Movement, the deliberations of the Social Security Assessment Board must be present. The seat of a representative of the Revolutionary Trade Union Movement must be present at the committee meeting:
(a) a representative of the single agricultural cooperatives, where the cooperative farmer or individual farmer (cooperating member of the family) is a party to the proceedings;
(b) a representative of production cooperatives, where a member of the production cooperative is a party to the proceedings;
(c) a representative of the Czechoslovak People's Army (National Security Corps or the Czech Socialist Republic Correctional Education Corps) in the assessment of a member of the Czechoslovak People's Army (National Security Corps or Czech Socialist Republic Correctional Education Corps) from the profession and not just for a medical examination by a medical examiner (Czechoslovak People's Army Corps or the Czech Socialist Republic Correctional Education Corps).
(2) Where the case of a minor is discussed in the Commission, a minor or a child doctor and a member of the relevant department of the National Committee shall be present as a medical practitioner.
(3) A representative of the Czech Union of anti-fascist combatants must be present if the case of the claimant (pensioner) involved in the resistance is discussed.
(1) Where appropriate, the President or his representative shall invite to the meetings of the Commission:
(a) a representative of the race committee of the basic organization of the Revolutionary Trade Union Movement in an organisation in which the party to the proceedings is, or was, active at work or, where appropriate, a representative of the higher body of the Revolutionary Trade Union Movement;
(b) a representative of the social authority of the single agricultural cooperative or production cooperative in which the cooperative is or has been active for the last time;
(c) a representative of the organisation in which the party to proceedings is or has been last active;
(d) a representative of the local national committee in whose territory the party to the proceedings is domiciled;
e) a representative of the Union of Disabled Persons in the Czech Socialist Republic or other social organisations,
(f) a representative of the correctional institution concerned, if he is a convicted person in the execution of a prison sentence;
(g) the treating physician considered as necessary in order to assess the health of the party to the proceedings;
h) a doctor, a member of the Czech Union of Anti-Fascist Warriors, when the case of the applicant who participated in the resistance is discussed,
(ch) other citizens who can be expected to contribute to clarifying the serious circumstances relevant to the Commission's decision.
(2) Representatives of the institutions and organisations referred to in the preceding paragraph and representatives of the social security authorities must be invited to the proceedings of the Commission if they so request. It shall also be invited to the proceedings of the Commission, if requested, by the treating physician considered.
(1) The medical reports necessary for the deliberations of the Social Security Assessment Board of the District National Committee shall be prepared by the treating physician of the examination; If it is an occupational disease, this report shall be prepared by the doctor in charge of the occupational disease department of the competent national health institute. If it is a determination of the degree of invalidity or a decision that the citizen is a changed working capacity or a decision on the need for a permanent transfer to another job or a permanent change of employment for health reasons, the report of the treating physician or, where appropriate, of the medical advisory board (medical commission) shall be submitted by the competent medical professional after examination and confirmation of the accuracy and completeness of the report.
(2) The medical documentation required for the deliberations of the Social Security Assessment Board of the District National Committee is issued by the medical institution.
(3) Doctors who are members of the Social Security Assessment Board of the District National Committee work with the Medical Advisory Committees (Medical Committees). The doctors who are members of the Social Security Assessment Board of the District National Committee and the Regional National Committee shall check the accuracy and completeness of the medical documentation and shall re-examine the citizen in question at the hearing of the Social Security Assessment Board as appropriate; they are also responsible for the assessment of the health status of the citizen under consideration and express, in particular, whether his health is negative in the long term and when this change occurred.
(4) The opinion board of social security of the District National Committee normally meets in health care establishments of the State Health Administration and in large organisations which have medical facilities with the necessary equipment.
Members of the Commission and citizens invited to discuss individual cases in the Social Security Assessment Board (Section 4) are obliged to remain silent about the facts which they learned at the hearing of the Commission.
Negotiations on spa care
(1) The District National Committee decides on spa care by its Social Security Assessment Board on the basis of a proposal for spa care (hereinafter referred to as the proposal).
(2) Before discussing the proposal in the Social Security Assessment Board of the District National Committee, the social security assessor shall examine the proposal and ensure that the proposal is complete.
(3) The Social Security Assessment Board will discuss the proposal within 30 days of its receipt and, where appropriate, of its addition with the necessary information.
(4) If the Social Security Assessment Board finds that the proposal cannot be complied with, it shall issue a decision in accordance with the general rules on administrative procedures.
(5) In other cases, the Social Security Assessment Board shall, within 10 days of the hearing at the latest, notify the party of the fact that it will provide him with spa care provided that an appropriate voucher is given to the Regional National Committee and that the spa care justifies the order of medical and other urgency. In this notice, the party shall state that, if the reference to spa care is not allocated within 1 year of the receipt of the application, the spa care may be provided only on the basis of a new proposal. The order of medical and other urgency shall be determined by the Social Security Assessment Board upon receipt of appropriate vouchers.
DOCUMENT COMMISSION
Proposals for members of the National Council of the County Council will be requested by the Regional National Committee as regards:
(a) a representative of the Revolutionary Trade Union Movement from the Regional (Prague) Health Insurance Administration,
(b) representatives of production cooperatives from the Regional Committee of the Czech Union of Production Cooperatives,
(c) representatives of single agricultural cooperatives from the Regional Committee of the Association of Cooperative Farmers;
(d) representative of the District Committee of the Czech Union of Anti-Fascist Warriors from this Committee.
Proposals for the members of the Regional National Committee
(a) a representative of the Revolutionary Trade Union Movement from the Regional (Prague) Health Insurance Administration,
(b) representatives of production cooperatives from the Regional Committee of the Czech Union of Production Cooperatives,
(c) representatives of single agricultural cooperatives from the Czech Committee of the Association of Cooperative Farmers,
(d) a representative of the Central (Prague City) Committee of the Union of anti-fascist fighters from that Committee.
(1) A representative of the Revolutionary Trade Union Movement shall be present in addition to the President or his representative and the Secretary of the Commission. The seat of a representative of the Revolutionary Trade Union Movement must be present at the committee meeting:
(a) a representative of the single agricultural cooperatives, where the cooperative farmer or individual farmer (cooperating member of the family) is a party to the proceedings;
(b) a representative of production cooperatives, where a member of the production cooperative is a party to the proceedings.
(2) If the decision of the Batch Board also depends on the resolution of issues falling within the competence of the Social Security Assessment Board, the Batch Board shall be bound by the decision or opinion of the Social Security Assessment Board.
The provisions of Sections 4 and 6 shall also apply to the actions of the Batch Commission.
COMMISSION OF FAMILY AND KIDS
Proposals for members of the Committee on Family and Children Care will be requested by the National Committee on Social Organisations from the competent authorities, in particular the Revolutionary Union Movement, the Socialist Youth Union, the Czech Union of Women and the Czechoslovak Red Cross.
(1) The deliberations of the family and child care committee shall be attended, in addition to the Chair or his representative, by the Secretary of the Commission.
(2) Where the nature of the case so requires, the President of the Commission or his representative shall invite the parents of the child or of any other person responsible for his or her upbringing, the representative of the school of which the child is attended or the representative of the organisation in which the minor is active, the representative of the social security authorities and, where appropriate, the representative of the social organisations.
(3) Representatives of the organisations referred to in the preceding paragraph and representatives of the social security authorities shall be invited to the meetings of the panel if they so request.
(4) Paragraph 6 also applies to the proceedings of the family and child care committee. "
Article 14 (1) reads as follows:
"(1) Regional national committees, local national committees in central municipalities and local national committees shall organise, secure and coordinate in their territorial area the education of citizens for marriage and responsible parentage through their commissions, the Civil Affairs corps, the coordination bodies and the cultural, educational, health and social facilities they manage; in so doing, cooperate with socialist organisations. ';
3. In Paragraph 14 (2), the word "urban ', as shown in brackets, is deleted. The other provisions in which the word" urban' is inserted after the word "local 'in brackets, in § 14 (3), § 15, 16, 17, 18, 19, 20, 31, 47, 48, 49, 50, 53, 61, 76, 79, 92 and 93; the words" involved in education' are replaced by the words "organise education '.
4. Article 15 (3) reads as follows:
"(3) Regional national committees shall exercise the social protection of minors. Parents, other citizens responsible for raising children and pregnant women shall provide assistance and, if the nature of the case so justifies, shall write submissions, act in their interest with the other institutions, establishments and organisations and, if necessary, assist them. ';
5. in Article 17 (2) (b), the text behind the semicolon shall be deleted.
6. Article 17 (3) and (4) reads as follows:
"(3) The supervisor shall be obliged, in cooperation with the school and with the socialist organisations in the home or at the workplace, to continuously act on the minor and on the citizens responsible for his or her education and to monitor how the minor behaves and how the parents or other citizens responsible for his or her education are treating him or her; where appropriate, initiate further measures in the interest of the proper education of the minor.
(4) In particular, where there is a need to protect a minor from harmful effects, the local national committee shall impose appropriate restrictions on the minor in the central community or on the urban national committee and, if not competent, the district national committee shall impose appropriate restrictions on the minor; in particular, it may prohibit him from visiting undertakings and having any entertainment which is not suitable for him or having contact with citizens who may have an adverse effect on his or her upbringing; inform the school, business and entertainment operators and the citizen whose influence on the minor has been adversely affected; the district national committee shall inform the local national committee of this measure. ';
7. Article 17 shall be added in paragraph 5:
"(5) The local national committee shall inform the district national committee and the competent district court of the measures referred to in paragraphs 2 and 4."
8.
(1) If the measures referred to in Article 17 (2) have not been taken by the local national committee or the local national committee in the central municipality or by the municipal national committee by its family and child care commission, the regional national committee shall take such measures by its family and child care commission; Article 17 (3) and (5) shall apply mutatis mutandis.
(2) The national committee may, in cases dealt with by the court, advise, impose supervision or impose restrictions only if the court has not yet decided on such measures. "
9. In Paragraph 19, the following sentence is added at the end:
"The local national committee shall inform the district national committee of these measures, which shall take the other measures necessary in the interests of the child. ';
10.
Aid in kind
Physical assistance shall be provided to socially needy parents with dependent children, especially single mothers (fathers), dependent children and pregnant women, unless their needs are otherwise assured. The items necessary to satisfy the needs of life, in particular nutrition, clothing and household equipment, shall be provided. ';
11. Article 24 (2) reads as follows:
"(2) In order to ensure nutrition or to meet the cost of living, which is repeated regularly and, where appropriate, to cover the cost of diet, a recurrent allowance may be granted to these citizens. '
12.
The social security benefits referred to in paragraphs 23 and 24 may also be granted to other citizens who have direct custody of the child. ';
13.
Social welfare benefits referred to in Sections 23 and 24 may be granted to children only if their needs cannot be met by providing a nutritional allowance, (1) except where the child's basic living needs cannot be met by delay. The provision of other individual welfare benefits shall not be mutually exclusive. ';
14. in Paragraph 28 (2) (b), the words "childcare" shall be added at the end.
15.
Family and child care assets
The Local National Committee shall establish family and child care assets for the performance of specified tasks in the care of the family and children from among its Members and voluntary colleagues, in particular from officials and members of social organisations. ';
16. After Paragraph 29, the following Section 29a is inserted:
Children care trustees
(1) The County National Committees set up a group of child care confidants to carry out social care tasks for the family and children. As members of this College, they appoint citizens whose relationship to socialist society, personal characteristics, way of life, relationship to children and ability to act as educators provide a guarantee that they will carry out the tasks entrusted to them conscientiously and stimulently. When appointing, they shall take into account the proposals of local national committees and, where appropriate, civil committees and social organisations.
(2) Children care trustees find out how families perform their social functions in raising children, help to address shortcomings and act in exercising their supervision. They shall also carry out other tasks assigned to them by the Regional National Committee in the care of family and children.
(3) The district national committee shall determine the circuit in which a child care trustee is to carry out his activities so as to make full use of the confidant's knowledge of local circumstances for the successful performance of the tasks. The National Committee of the Regions shall issue an appointment card to the confidential. ';
17.
"(5) Citizens with severe health problems and old citizens who are socially needy shall be granted cash contributions to the purchase of fuel diesel up to 1000 CZK per year if they are in place to heat the apartment with heating diesel and if it is not appropriate, due to their higher age or state of health, to require that they obtain a different type of heating. Citizens whose age and health allow them to obtain a different type of heating of the apartment shall be granted a one-off cash allowance of up to 2 000 CZK for the purchase of the heating unit. '
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
18. in the first sentence of Paragraph 32 (1), the word "district" shall be deleted.
19. In Section 33, the words "or other disease requiring expensive diet meals' are inserted after the words" sugar dysentery '.
20. The following words are added at the end of Paragraph 37 (1): "and to the purchase of additional equipment to the telephone exchange."
21. The last sentence of Paragraph 38 (4) reads: "Paragraph 3 shall apply mutatis mutandis."
22.
Exceptional advantages for people with disabilities
(1) Citizens who are severely affected by the disease and who are severely affected by their disability or their mobility are granted exceptional advantages by type and degree of disability. In determining the degree of disability of a citizen, the Social Security Assessment Board shall be governed by Annex 3 (Disability justifying the granting of exceptional benefits under Paragraph 39 of the Decree); taking into account all defects, diseases and circumstances which, in connection with each other, restrict the mobility of the citizen. Social needs are not explored.
(2
(a) entitlement to a reserved seating position in public transport vehicles for scheduled public transport of persons other than buses and trains (wagons) where the seating position is linked to the purchase of a seat;
(b) a right of priority in the personal discussion of their affairs where such conduct requires longer waiting, in particular standing; purchase in shops or the provision of paid services is not considered as a personal discussion of matters.
(3) Citizens particularly severely affected are granted exceptional advantages of grade II (ZTP card), which means:
(a) the advantages referred to in the preceding paragraph;
(b) entitlement to free transport by scheduled local public transport services (trams, trolleybuses, buses and metro);
(c) a half-fare discount in the second carriage class of the passenger train and express train in domestic transport and in regular national bus long-distance connections.
(4) Citizens particularly severely affected by the need to be assisted by a guide when walking and using bulk means of transport shall be granted exceptional benefits in grade III (ZTP-P card), which means:
(a) the advantages referred to in the preceding paragraphs;
(b) entitlement to free transport by public transport guides to public transport in local and long distance transport;
(c) in the case of blind persons, a right to free transport of the guide dog, unless accompanied by a guide.
(5) Furthermore, the citizens referred to in paragraphs 3 and 4 may be granted half the admission fee for theatre and film performances, concerts and other cultural and sporting enterprises. When granting a discount to the citizens referred to in paragraph 4, a discount shall be granted on half the admission fee and on their guides.
(6) Exceptional advantages do not apply where their use would be contrary to the health interests of the affected citizen within the meaning of the principles of medical and preventive care or to the health of other citizens against communicable diseases.
(7) The District National Committee shall issue a certificate authorising exceptional advantages under the preceding paragraphs indicating the type of exceptional advantages involved. A citizen who is severely affected by health and is granted an extraordinary level III benefit shall also be accompanied by his guide.
(8) The District National Committee shall amend its Social Security Assessment Board or withdraw, where appropriate, the degree of exceptional benefits granted if the degree of exceptional benefits granted does not correspond to the condition of the disease or defect or if the exceptional benefits have been reused. ';
23. In Article 42 (2), the following is inserted after the words "Gross monthly income": "minus the relevant tax on that income."
24.
"(1) Local national committees in central municipalities, urban national committees and district national committees, in cooperation with other national authorities, economic and social organisations, care for citizens who live in extremely difficult circumstances, and therefore need to help society overcome the consequences and habits of the different way of life in the past and of backward forms of life, monitor the working classification and stability of the working conditions of these citizens, the level of childcare and pre-school and school education of those citizens and their gradual integration among other populations. '
Paragraph 3 is renumbered paragraph 2.
25. Paragraph 48 (3) reads as follows:
"(3) The Regional National Committees shall organise and coordinate, in cooperation with the other State institutions, economic and social organisations, the care of the citizens referred to in paragraph 1."
Article 26 (49), including the title, reads:
Education and advisory services
(1) Local national committees in central municipalities, municipal national committees and district national committees shall provide the citizens referred to in Article 48 (1) with educational care and advisory services to strengthen the active relationship with work, family and society and to address social problems and overcome backward forms of life.
(2) Local national committees participate in educational care for these citizens, monitor the lives of these families and help them to solve their social problems.
(3) The Regional National Committees shall organise professional and specialised educational care and advisory services for citizens referred to in Article 48 (1) in order to address complex social problems. "
27. Paragraph 51 (1) reads as follows:
"(1) The social needs of the citizens referred to in Article 48 (1) shall be granted in kind assistance aimed, in particular, at raising the level of housing, household management, placing in nursery schools and school satellites, equipping children and young people in summer holiday camps and social health courses and, in urgent cases, meeting basic needs of life. ';
28. Article 62 (1) reads as follows:
"(1) The Social Welfare Constitution (hereinafter referred to as" the Constitution ") establishes in principle national committees in their territorial area."
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 142 / 1982 Coll., amending and supplementing the Decree of the Ministry of Labour and Social Affairs of the Czech Socialist Republic No. 130 / 1975 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1982 |
|---|---|
| Effective from | 01.01.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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