Act No. 154 / 1945 Coll.
Law on family allowances of certain persons insured in the event of illness
Valid
Effective from 01.12.1945
154.
Law
of 13 December 1945
on family allowances for certain persons insured in the event of illness.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Employees under compulsory sickness insurance
pursuant to the Act of 9 October 1924, No 221 Coll., on the insurance of staff in the event of sickness, invalidity and old age, as amended by the Regulations amending it and supplementing it,
pursuant to the Government Decree of 9 July 1941, No 365 Coll., on sickness insurance for private employees in higher services,
pursuant to the Government Decree of 15 March 1943, No 70 Coll., on insurance against brotherly treasuries, as amended, is changing and complementary; and
according to similar rules governing sickness insurance for workers in Slovakia
family allowances shall be provided if they are taking care of unprovided children (Section 2) in the territory of the Czechoslovak Republic and if the other conditions of this law are fulfilled.
(1) A staff member entitled to a family allowance under this Act shall be considered to have been insured for at least 45 days in the calendar quarter for which the allowance is granted under the rules referred to in paragraph 1, or, in that and in the preceding calendar quarter together, for at least 90 days. Until that time, however, the period of compulsory sickness insurance for which the staff member was not entitled to the salary cannot be substantially counted.
(2) The period of compulsory insurance referred to in paragraph 1 is equivalent to:
(a) the period of presence or equivalent military service (gun exercises); and
(b) the period of study at the ordinary school, if the staff member has been insured for at least 182 days in accordance with the rules referred to in Article 1 in the last 12 months prior to the beginning of the military service or before entering the ordinary school;
(c) the period during which the staff member was entitled to sickness or aid in six Sundays under the sickness insurance rules referred to in Article 1.
(1) Married, illegitimate, stepfather and adopted children under the age of 18 shall be deemed unprovided.
(2) Children (paragraph 1) older than 18 years of age shall also be deemed not to be provided,
(a) where the child is trained scientifically or professionally for his or her future profession (such as a student at a proper school, apprentice, trainee or other), in this case up to 24 years of age,
(b) where the child for a mental or physical defect is unfit for profit,
and the child's own income does not exceed 1800 CZK in the calendar quarter.
(3) Children older than 18 years of age who do not fulfil the conditions of paragraph 2, as well as grandchildren, siblings and shelters, may also be considered as undependent children in cases of good concern. It will determine the directives issued by the Board of the Fund (Section 12). The Directive is approved by the Minister for Social Welfare.
(4) If more than one person has met the conditions for granting the same child allowance, the allowance shall be granted once, to the one who has the child in direct custody.
(5) If the child does not live permanently with the employee in the common household and if the employee contributes to his or her nutrition to an amount of less than 1800 CZK in the calendar quarter, the family allowance shall be paid directly to the person who has the child in direct support.
(1) The family allowances are:
| na 1 dítě | 150 Kčs měsíčně, |
| na 2 děti | 350 Kčs měsíčně, |
| na 3 děti | 600 Kčs měsíčně, |
| na 4 děti | 900 Kčs měsíčně, |
| na 5 dětí | 1250 Kčs měsíčně, |
| na 6 dětí | 1650 Kčs měsíčně, |
| na 7 dětí | 2100 Kčs měsíčně, |
| na 8 dětí | 2600 Kčs měsíčně, |
| na 9 dětí | 3100 Kčs měsíčně, |
| na 10 dětí | 3600 Kčs měsíčně. |
This amount shall be increased per additional child not provided by 500 CZK per month.
(2) It is for the family allowance to be paid for each calendar month in which the staff member [Paragraph 1a)] takes care of an uninsured child (Section 2).
(1) A family allowance may be granted to an uninsured child of an employee (§ 1a)] even if he does not care for the child; in this case, the allowance shall be paid to the person who takes care of the child. The directives to be drawn up by the Board of Directors of the Fund will be determined more closely. The Directive is approved by the Minister for Social Welfare.
(2) Family allowances are not due to the child,
(a) to which education is granted under the rules applicable to civil servants;
(b) for which education is granted under pension social insurance (provision) rules equal to at least a family allowance under this law.
(3) Persons entitled to family allowances under this Act cannot receive special allowances under the Government Decree of 21 November 1941, No 441 Coll., on special allowances to numerous families.
(1) The family allowance is due on a quarterly basis.
(2) The Minister for Social Welfare is hereby authorised, after hearing the Central Council of Trade Unions, to set deadlines for payment in the Official Journal. It may determine that family allowances are paid in other periods.
The entitlement to family allowances for each month (Section 3, paragraph 2) shall be suspended if the application for the family allowance has not been submitted within 12 months of the last day of the month.
(1) The spouse of the employee, the guardian of his children, the holder of a mass order or the municipality of the employee's residence may propose to the district court of the employee's residence to designate the person, corporation or office to whom the allowances are to be paid to the staff member's post, if it is clear that the payment of the allowance to the staff member would not have achieved the purpose of the allowance being served or that the interests of the uninsured children would be harmed. The Court of First Instance shall decide by order following an uncontested procedure in accordance with the provisions laid down by the guardian. If the court conforms to the application, he to whom the allowance is paid shall be obliged only to spend it for the benefit of uninsured children. The allowances paid to him are the property of the employee entrusted to him.
(2) The transfer, cessation or seizure of claims under this Act is only admissible and legally effective if it takes place for the benefit of a person who takes care of the dependent children of an employee.
(3) If the employer provides child allowance (education, education and etc.) to the employee, he shall be entitled, up to the above mentioned in § 3 (1), to take into account the family allowance provided for in this Act.
(1) Overpayments on family allowances resulting from failure to fulfil or omission of obligations imposed by this law (§ 9 (3)), the beneficiary is obliged to repay. Reimbursement shall be decided by an appropriate means by the carrier of the sickness insurance. The right scale is the execution title.
(2) The overpayments referred to in paragraph 1 may be deducted at the next payment of family allowances to the same beneficiary.
(1) The application for a family allowance is submitted to the competent carrier of sickness insurance. The details of the submission of the proposal shall be determined by the Minister for Social Welfare by a decree in the Official Journal.
(2) The beneficiary is obliged to prove his entitlement to family allowances.
(3) The beneficiary shall be obliged to notify the beneficiary of the allowance within 15 days of the change of residence, as well as changes in the arrangements applicable to the grant or payment of the allowance.
(1) The right to family allowance is decided by the competent carrier of the sickness insurance by means of an agreement. This is not necessary if the family allowance is granted.
(2) The person entitled to the family allowance may, within 60 days of receipt of the notice, bring an action before the arbitration panel of the competent sickness insurance holder.
(3) The arbitration panel may be appealed to the insurance court, which shall decide definitively.
(4) Otherwise, the relevant provisions of the rules on public sickness insurance apply to proceedings before arbitration and insurance courts.
(1) The cost of providing family allowances shall be reimbursed by a special contribution paid by the employer from his own contribution. The allowance shall be 4% of the earnings (service) applicable to the assessment of sickness insurance premiums under the rules set out in Section 1.
(2) The allowance shall be prescribed and collected by the competent carrier of sickness insurance. It may also be prescribed by the collective rules on insurance against sickness insurance in the sector concerned, by a percentage which shall constitute the rate of contribution referred to in paragraph 1 on the rate of insurance against sickness insurance in the sector concerned, where a fraction of the percentage shall be rounded up to the full percentage.
(3) Otherwise, the provisions applicable to insurance against sickness insurance in the sector concerned apply to the regulation, collection and recovery of the contribution.
If the funds of the Family Allowances Fund (Section 12) are insufficient to cover the costs of providing family allowances, the remainder shall be reimbursed by the State. The State shall grant appropriate advances to the Fund where necessary.
(1) The family allowance fund established at the Ministry of Social Welfare is the bearer of rights and obligations under this Act.
(2) The institution of the Fund is the board of directors whose members are appointed and dismissed by the Minister for Social Welfare as regards members from Slovakia on a proposal from the social security officer.
(3) The Board of Directors shall consist of the President, 2 Vice-Presidents and 9 other members. The President shall be the representative of the Ministry of Social Welfare, the first Vice-President shall be the representative of the Social Welfare Officer and the second representative of the staff appointed on a proposal from the Unified Trade Union Organisation. Of the other nine members of the board, one representative of the Ministry of Finance, one representative of the Ministry of Health, two representatives of the social insurance holders - one from Slovakia and five representatives of employees. Representatives of the insurance holders and of the employees shall be appointed on a proposal from the Single Trade Union Organisation. A replacement shall be appointed for each of these members.
(4) Details of the management, management and accounting of the Fund shall be determined by the Statutes issued by the Board of Directors. The Statutes are approved by the Minister for Social Welfare.
(5) Carriers of sickness insurance pay family allowances on behalf of the Fund.
(6) Carriers of sickness insurance pay the surplus of the Fund's contributions in a manner specified by the Board of Directors.
(1) Authorities, public authorities, courts and public bodies are obliged to cooperate in the implementation of this law.
(2) The assets, legal acts and instruments of the Fund shall be exempt from taxes, levies and charges.
(3) The lodging and documents relating to family allowances shall be exempt from benefits and charges.
The Fund shall provide adequate compensation for the costs incurred by the holders of insurance in the implementation of this Act. Its amount shall be determined by the Minister for Social Welfare after hearing the Board of Directors of the Fund and the holders of insurance.
Family allowances are not a work income under the social insurance rules and are exempt from taxes, fees and other public benefits.
The infringement, omission or failure to comply with the obligations imposed by this law shall apply mutatis mutandis to the criminal provisions of the provisions referred to in Section 1.
The Minister for Labour and Social Welfare may take measures to eliminate the difficulties encountered in implementing this law.
(1) In addition to the tasks provided for in this Act, the Family Benefits Fund may use parts of its surplus management to promote a healthy population in all classes of the population, in particular:
(a) granting one-off aid to future mothers;
(b) setting up and supporting facilities for children;
(c) providing individual aid in cases of particularly socially and popularly justified;
(d) promoting scientific research on population and childcare issues.
The details shall be determined by a directive issued by the Board of the Fund. The Directive is approved by the Minister for Social Welfare in agreement with the Minister for Health.
(2) The amount of the surplus amount of the Fund for the purposes referred to in paragraph 1 shall be determined annually by the Board of the Fund. The Board's resolution is approved by the Minister for Social Welfare in agreement with the Minister for Finance.
(1) This Act shall take effect on 1 December 1945.
(2) Act 24. septembra 1941, No 217 of the Sm. z., on the addition of children to the robotic metal, and the provisions issued for its implementation are repealed with effect from 1 December 1945. The name of the Family Benefits Fund under this Act goes to the Family Benefits Fund set up by the Ministry of Labour and Social Welfare (§ 12). Parts of the assets cancelled by the Fund shall be used to establish and support social facilities for children of Slovak staff entitled to allowances under this Act. The Minister for Labour and Social Welfare shall determine the details in agreement with the Social Welfare Officer.
(3) Entitlements payable to beneficiaries under Act No 217 / 1941 Coll. shall expire on 1 December 1945.
(4) This law will be implemented by the Minister for Labour and Social Welfare in agreement with the Minister for Finance.
Dr Beneš v. r.
Fierlinger v. r.
Dr Šoltész v. r. o.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 154 / 1945 Coll., on the family allowances of certain persons insured for illness |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1945 |
|---|---|
| Effective from | 01.12.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0