Decree No. 149 / 1988 Coll.
Decree of the Federal Ministry of Labour and Social Affairs implementing the Social Security Act
Valid
Effective from 01.10.1988
149
DECLARATION
Federal Ministry of Labour and Social Affairs
of 16 September 1988
implementing the Social Security Act
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 177 (1) to (3) of Act No. 100 / 1988 Coll., on Social Security (hereinafter referred to as "the Act '), in agreement with the Federal Ministries of National Defence, Interior, Agriculture and Nutrition, with the Ministries of Health and Social Affairs and Justice of the Republics and the Central Council of Unions and after consulting the Association of Cooperative Farmers:
PENSION SECURITY
GENERAL PROVISIONS
K § 8 and 9 of the Act
The period of foreign residence for which a woman accompanied her husband, who worked as a worker abroad (§ 43) or (§ 44), is also considered to be a job. This period shall be demonstrated by confirmation of the organisation which sent the wife's husband abroad. However, for determining the average monthly earnings, this period shall be considered as a replacement period.
Pension insurance in the event of an accident suffered in specific types of activities
(1) A citizen claiming under Paragraph 59 shall notify the relevant organisation of the accident without delay. Donors referred to in Paragraph 59 (1) (d) shall report the accident to the competent national health institute. A volunteer care service worker shall report the accident to the competent authority which assigned him to perform the care service.
(2) The organisation referred to in paragraph 1 shall report the accident following an investigation carried out, no later than eight days, to the competent authority with a precise description of the circumstances of the case and shall continue to cooperate in determining the facts relevant for the assessment of the claim. In the case of participants in short-term or free-of-charge brigades, the organisation for which the brigades work shall keep, store and submit, as directed by the social security authorities, their records, including working days; the necessary documentation for the performance of these tasks shall be provided to the organisation by the Brigade Organizer.
SOCIAL WELFARE
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K § 85 of the Act
Contribution during preparation for work
(1) The allowance for the period of preparation for employment shall be for a citizen with a reduced working capacity who, in the framework of occupational rehabilitation, is prepared for work use as recommended by the competent authority and does not receive salary during the period of preparation (remuneration, compensation for wages, corporate or regional scholarships) or sickness benefits replacing work income.
(2) A citizen with an altered working capacity of over 18 years of age who is preparing for a profession (including training) is entitled to a salary rate set in accordance with the wage rules for the remuneration of the work for which he is preparing and, if the wage rate is set by a margin, up to the centre of the margin. If this citizen receives a pension, the allowance shall be reduced by the amount by which the sum of the allowance and the pension paid (sum of pensions) exceeds the average monthly earnings on which the pension was awarded or, if more favourable to the citizen, by that pension (sum of pensions). However, the allowance shall not be reduced by an orphan's pension.
(3) A citizen with an altered working capacity of over 18 years of age who participates in preparation for work is entitled to a contribution of 200 CZK per month before being placed. If this citizen receives a pension, the allowance shall be reduced by the amount of the pension paid (total of pensions) and, where appropriate, by the amount of the remuneration. The reduction allowance shall not be less than 300 CZK per month. However, the allowance shall not be reduced by an orphan's pension.
(4) A citizen with an altered working capacity under the age of 18 shall be entitled to a allowance of 300 CZK per month, provided that that citizen is not subject to child allowance.
(5) If a citizen with an altered working capacity older than 18 years of age is accommodated and consumed free of charge or only consumed free of charge, he shall receive a contribution of 400 CZK per month. A citizen with an altered working capacity who receives a pension or who is entitled to a child allowance and a citizen with an altered working capacity under 18 years of age, which is being prepared for employment in accordance with Paragraph 116 (4) (b), shall receive a contribution of 100 Kčs per month.
(7) The allowance may be increased by up to 20% for the duration of the preparation for employment and, if the allowance provided for in paragraph 5 is granted to citizens over 18 years of age, up to 100 CZK per month, provided that the citizen achieves the results of such preparation worthy of recognition. If the participant fails to comply with the preparation for the application of the obligation imposed, the contribution may be reduced or its payment suspended.
(8) At the time of incapacity for work or during quarantine, the allowance shall be paid to citizens with an altered capacity of over 18 years for a maximum period of 60 working days per calendar year and to citizens under 18 for a period of not more than 56 years.) if the citizen reaches 18 years of age at the time of incapacity, the amount of the allowance shall not be changed until the end of incapacity.
(9) The competent authority shall decide on the granting of the contribution upon request. The allowance shall be granted from the date on which a citizen with an altered working capacity has embarked on the preparation for employment until the end of the preparation; is paid in monthly instalments behind.
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Article 90 (1) of the Law
REIMBURSEMENT FOR STAFF IN SOCIAL WELFARE
Article 93 of the Law
Reimbursement for residence in youth care institutions
COMMON PROVISIONS
PAYMENT OF DOSES
Obligations of citizens
PROCEDURE
Initiation of proceedings and decisions
K § 119 to 122 of the Act
Submission of benefits and services
For citizens who cannot submit an application for a benefit or a social care service themselves because of their state of health, the members of their family may, with their consent and on the basis of a doctor's certificate of health, submit such a request.
Compensation of costs
Article 125 of the Law
Personal Range
Compensation of social welfare costs
(a) applicants for welfare benefits or services and family members of such citizens who have come to the hearing of the competent authority in proceedings concerning such benefits or services, or have undergone a medical examination for the needs of the competent authority and, where appropriate, another expert examination (hereinafter referred to as the "examination");
(b) to the guides of the citizens referred to in point (a), if the doctor has confirmed that they need a guide to the examination or to act of the competent authority;
(c) to legal representatives of citizens, if they accompany them at the request of an examination or at the request of a competent authority,
("the parties').
Reimbursement of travel expenses
(1) Reimbursement of travel expenses is due when public public public transport means, with the exception of local means of transport, are used for travel from the place of stay to the place of call and return.
(2) The fare for the second carriage class shall be paid when driving by train; the express fee is paid only if the distance from the place of call is more than 100 km. Travel expenses are ticket, seat and if it was necessary to use a sleeper or couchette carriage, including the expenses associated with it.
(3) Where a party to proceedings has the opportunity to claim a reduction in the fare, it shall be entitled only to compensation of the discounted fare; if it is possible to use free tickets, the fare is not refunded.
(4) The reimbursement of the fare for the use of a taxi service vehicle and the reimbursement of travel expenses for the use of its own motor vehicle shall be granted only if the doctor, having regard to the health of the applicant, recognises the need for such transport. The amount of the refund shall be subject to the rates laid down in the general rules. When using an own motor vehicle, a doctor's statement shall not be required if a contribution to the purchase of the motor vehicle has been granted to the beneficiary.
Compensation for loss of earnings
(1) The compensation for the loss of earnings is due for the period during which the party has lost his earnings in connection with the examination or hearing.
(2) Compensation for the loss of earnings does not apply for the period for which the party is entitled to the sickness benefit or for which the organisation provides him with compensation for his salary (remuneration for work).
Astonishing and sleeping
(1) Meal and room service shall be provided in accordance with the general rules on travel refunds. 64)
(2) The charge is payable if the party to the proceedings could not return to his place of residence by 24 hours on the day on which the examination or hearing of the competent authority ended.
(3) Aditious and dormitory do not belong during the stay in the hospital; It also does not apply to meals and accommodation provided free of charge.
Reimbursement of other necessary expenses
The other necessary expenditure which the parties have had shall be replaced at the established amount.
Application of compensation rights
Entitlements for refunds shall apply within two months of the date of the examination or the hearing with the competent authority in respect of which the hearing has taken place or for which the citizen has been examined; the application for reimbursement must be supported by appropriate documents. That competent authority shall decide on the refunds and make their payments.
Repeal
They shall be deleted:
1. the State Social Security Office Directive No S / 1-8301 of 28.9.1964 on Constitutional Social Welfare, as amended;
2. the directive of the State Social Security Office on the carrying out of the assessment activities of social security and care of citizens with altered working capacity (Bulletin of the SÚSZ No. 1 / 1965) - (reg.) - amount 45 / 1965 Coll.;
3. § 1 (1) (c), § 2 (5) (b) and § 3 (1) of Decree of the Ministries of Education and Health and of the State Social Security Office No. 124 / 1967 Coll., on the partial reimbursement of the costs of care provided in certain youth establishments;
4. decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended by Regulations No. 108 / 1979 Coll., No. 164 / 1979 Coll., No. 15 / 1982 Coll., No. 78 / 1982 Coll., No. 141 / 1983 Coll., No. 144 / 1983 Coll., No. 73 / 1984 Coll., No. 131 / 1984 Coll. and No. 57 / 1987 Coll., with the exception of Sections 132 to 134, § 139, Part Five and Annex No. 2;
5. Directive of the Federal Ministry of Labour and Social Affairs of 18 December 1975 No V / 2-1614 / 75-1102 (2276) on the counting of the period of employment of performers for the pension for the service of years - (reg.) - amount 35 / 1975 Coll.
6. the Federal Ministry of Labour and Social Affairs Directive of 10 July 1980, No F 32- 867 / 80- 1110 on the granting of social security benefits to workers employed in mining underground;
7. the Decree of the Federal Ministry of Labour and Social Affairs, the Ministries of Education of the Czech Socialist Republic and the Slovak Socialist Republic, the Ministries of Health of the Czech Socialist Republic and the Slovak Socialist Republic, no. 42-317 / 80-8314 concerning changes in the amount of payment of care costs provided in certain facilities for young people - (reg.) - amount 34 / 1980 Coll., in the section on reimbursement of costs for care provided in institutions for young people;
8th Decree of the Federal Ministry of Labour and Social Affairs of 1 June 1984 No F 72-10727-4303 on accommodation and basic care payments provided in homes - pensions for pensioners - (reg.) - amount 20 / 1984 Coll.
Efficacy
This Decree shall take effect on 1 October 1988.
Minister:
M. Boda v. r.
54) Articles 31 (3) and (5) and 33 of Act No. 76 / 1959 Coll., as amended. § 109 and 110 of Act No. 100 / 1970 Coll., as amended by Act No. 63 / 1983 Coll.
55) Decree No. 74 / 1970 Coll., as amended by Decree No. 4 / 1979 Coll. Decree No. 82 / 1988 Coll.
56) Article 15 (3) of Act No. 54 / 1956 Coll.
58) Decree No. 3 / 1987 Coll. Decree No. 4 / 1987 Coll.
59) Directive of the Federal Ministry of Agriculture and Nutrition of 17.12.1979 No FM 015- 1472 / 1979 on the provision of regular contributions to pensions of members of single agricultural cooperatives - pensioners.
60) Decree of the Government of the Czechoslovak Socialist Republic No. 142 / 1983 Coll., on the provision of pensions to certain working pensioners.
61) § 3 (1) of Decree No. 142 / 1983 Coll.
64) Sections 7 and 8 of Decree No. 33 / 1984 Coll.
73) Paragraph 27 (2) of the Decree of the Government of the Czechoslovak Socialist Republic No. 223 / 1988 Coll., implementing the Labour Code.
79) § 23 et seq. of Decree No. 195 / 1989 Coll., on the security of workers in organisational changes and citizens before taking up employment.
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Regulation Information
| Citation | Decree No. 149 / 1988 Coll., implementing the Social Security Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.1988 |
|---|---|
| Effective from | 01.10.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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