What is Act No. 164 / 1946 Coll.?

Act No. 164 / 1946 Coll., on the Care of Military and War Damage and Victims of War and Fascist Persecution — Law on the care of military and war victims of war and fascist persecution.

When it became Act No. 164 / 1946 Coll. effectiveness?

Act No. 164 / 1946 Coll. became effective 01.01.1946.

Is Act No. 164 / 1946 Coll. still valid?

Yes, Act No. 164 / 1946 Coll. is still valid and effective.

Act No. 164 / 1946 Coll. - Law on the care of military and war vict...

164.

Law

of 18 July 1946

care for military and war victims and war victims and fascist persecution.

The Constitutional National Assembly of the Czechoslovak Republic decided on this law:

I. General provisions.

§ 1.

Persons who have suffered damage to health or the body as a result of military service, war events or fascist persecution in the circumstances referred to in this Act (in other "disabled '), as well as survivors of persons who have died under these circumstances or as a result of such circumstances (§ 3, paragraph 6) and family members of persons who have become missing in these circumstances (§ 3, paragraph 4), shall receive compensation from State money. In addition, they will receive the benefits listed in this law.

§ 2.

(1) Entitlement to take care of disabled persons constitutes injury (hereinafter referred to as "injury") which is the cause of loss or loss of gainful capacity and which was caused by injury or illness in the following circumstances:

(a) between 26 July 1914 and 28 February 1921 in military service, in acts of war or in captivity; or

(b) in the period from 1 March 1921 to 20 May 1938, the performance of military service in the Czechoslovak army; or

(c) performing military service in the Czechoslovak army after 31 December 1945; or

(d) the performance of a service in the Czechoslovak army, in acts of war and in personal action for the benefit of the Czechoslovak army, in the services of the State Defence Guard during the period after 20 May 1938 until 31 December 1945, by action resulting from that service; or

(e) the performance of service in the Allied Army, in acts of war and personal activity in favour of the Allied Army between 15 March 1939 and 31 December 1945; or

(f) activities in guerrilla units; or

(g) active participation in the armed uprising of the Czech or Slovak people; or

(h) on arrest, detention, in concentration camps, in prisons, discipline and prisons, if the arrest, detention, internment or imprisonment took place for reasons intended to suppress the resistance movement, or for other reasons, persecution of political, national or racial, in anti-resistance crimes; or

(ch) in disciplinary camps, in the Bystřice camp near Benešov and other camps of that kind, and in the camp in Svakoplořice and other camps of that kind, in the Teresian city, if the internalisation was due to persecution of political or national or racial or for work sabotage; or

(i) other acts of warring forces, the acts of fascist authorities and members of hostile nations which have taken place for reasons of political, national or racial persecution, unless all such acts already fall under the circumstances referred to in (h) or (ch), or

(j) combat actions of war forces;

(k) hiding or escaping immediate combat actions or measures of war forces and fascist authorities; or

(l) the performance of forced labour, in the absence of a private employment relationship, performance of air protection or defence services, emergency services, technical emergency assistance, emergency services in trench work or forced labour, protective services; or

(m) by the detection, removal or disposal of abandoned fighting vehicles, by accidental or unguilty clashes with combat vehicles; or

(n) the performance of medical and Samaritan services in relation to the circumstances referred to in (f) to (m).

(2) The circumstances referred to in paragraph 1 (f) to (l) require them to take place between 20 May 1938 and 31 December 1945 at the latest; in the circumstances referred to in point (m), they shall be required after 14 March 1939.

(3) The condition for entitlement to the measure is that the damage is at least in a probable causal relationship to the circumstances referred to in paragraph 1. In cases where, according to the rules still in force, the claim for provision has been recognised on the basis of the time-related damage to the performance of the military service or the capture, the claim shall remain.

(4) If there is no injury or illness in the circumstances referred to in paragraph 1, but if it is at least likely that it has been aggravated by them, such deterioration shall be considered as damage.

(5) Czechoslovak nationals who, as members of international brigades outside the borders of the Czechoslovak Republic, have become disabled in the fight against fascism, and the survivors of the members of those brigades are entitled to the provision and benefits under this law, to the extent and under the conditions otherwise applicable to persons injured in the circumstances referred to in paragraph 1 (d), or to survivors of persons deceased under or in connection with these circumstances.

§ 3.

(1) Entitlement to provide for survivors (paragraph 6) shall constitute the death or absence of the person from whom the claim is derived if such death or absence occurred immediately in relation to the circumstances referred to in Paragraph 2 (1).

(2) Residency (paragraph 6) after invalidity is entitled to provision if the death of an invalid is at least in a probable causal relationship with the damage suffered in the circumstances referred to in Paragraph 2 (1).

(3) If the death of an invalid is not at least in a probable causal relationship to the damage (§ 2 (1)), the survivors are entitled to the provision only if the reduction in the disability's gainful capacity was determined on the basis of the last finding before death at least 45%. If this reduction was lower, the Ministry of Social Welfare may, in agreement with the Ministry of Finance, admit to the survivors of the measure if they do not have sufficient income for livelihood and if they have not received benefit from the deceased disability from public or public pension insurance or if the maintenance of the survivors is not otherwise secured. If the benefits conferred by public or public law are less than those provided for in this Act, the benefits may be granted only at the rate of the difference between the benefits.

(4) It is for the family members of a person who, in the circumstances referred to in Paragraph 2 (1), has become missing or has been captured, to take action if the absence persists, or if the person who is captured cannot return to the family, to remain abroad and cannot support the family. The members of the family of the missing persons shall, within one year of the granting of the provision benefits under this Act, be required to prove that they have made a proposal to initiate the procedure for declaring that person dead, from which they derive entitlement to the provision benefits. According to the outcome of the procedure, the benefits of the provision will either be stopped or paid further. If the application has not been lodged within the prescribed period, the entitlement to benefits shall rest until such time as those family members prove that the missing person is not alive.

(5) If there is no parents, provision may be granted to grandparents by analogy under the conditions applicable to the entitlement of the parents.

(6) The following shall be regarded as survivors or family members under this law: wife, spouse, children, illegitimate and adopted and parents.

(7) In agreement with the Ministry of Finance, the Ministry of Social Welfare may admit to the deceased in the circumstances referred to in Section 2 (1):

(a) the provision of parents also to their stepparents, adopters or foster parents, if they are not parents or grandparents;

(b) provision for the orphans to her grandchildren who were mainly dependent on her for provision;

(c) arrangements for her siblings under the conditions laid down in Section 56.

§ 4.

(1) Only Czechoslovak nationals and persons who served in the Czechoslovak army are entitled to the measures and benefits, unless this law provides for an exemption, because they could not demonstrate foreign nationality.

(2) The granting of Czechoslovak citizenship does not give rise to entitlement to an arrangement under this law. In cases of good interest, the Ministry of Social Welfare may grant exemptions in agreement with the Ministry of Finance.

§ 5.

In agreement with the Ministry of Finance, the Ministry of Social Welfare may also authorise persons who are foreign citizens, in particular if the damage, death, capture or disappearance (§ 1) was caused by the military service in the Czechoslovak army.

§ 6.

Czechoslovak citizens who received benefits under the Law of 20 February 1920, No. 142 Coll., on the benefits of war victims, as amended by the laws amending it or supplementing it, or under the law of 31 January 1922, No. 41 Coll., which regulates the care of disabled soldiers from the status of men after the World War, and the survivors of troops from the state of the men, and which, as a result of the occupation of the Czechoslovak Republic, have been suspended, because the foreign State considered them to be state citizens, the payment of such benefits shall be renewed on 1 June 1945, in an exchange according to the provisions in force in force on that day.

§ 7.

(1) The Ministry of Social Welfare (Ministry of Social Welfare) - in Slovakia, the Ministry of Social Welfare (Ministry of Social Welfare) - may, in agreement with the Ministry of Finance (Ministry of Finance) - admit the arrangements and benefits under this Act to persons,

(a) which were, before 30 September 1938, Czechoslovak nationals and became, after that date, war or military victims of the compulsory military service in the armed power of the occupying state, since the State considered them to be its national citizens and the survivors of them, if they are Czechoslovak state citizens; or

(b) have become war or military victims of the compulsory military service of the State of which they were state citizens and the survivors of them, if they have been caused by the modification of the border of the Czechoslovak Republic or by the reemigration of Czechoslovak state citizens; or

(c) which, as Czechoslovak citizens, became war victims of compulsory service in the former German armed forces after 14 March 1939, and the survivors thereof; or

(d) which, in the period after 14 March 1939, in the so-called government army or the so-called Slovak armed forces, in acts of war or in captivity became war or military victims, after which their survivors.

(2) For the purpose of the assessment of the provision benefits to the persons referred to in paragraphs 1 (a) to (d), the rates of provision benefits laid down for persons injured (disabled and survivors) in the circumstances referred to in § 2 (1) (a) shall apply.

§ 8.

The provisions of this Act shall also apply to persons to whom the State is obliged to provide measures in accordance with specific regulations, similar to war or military damages in the event of damage, provided that the conditions of those special regulations are met.

§ 9.

(1) The Ministry of Social Welfare may, in agreement with the Ministry of Finance, provide arrangements under this Act in cases of special interest

(a) persons who have been assigned to work by a former employment office and who have suffered injury to their health in that work, which reduces substantially and permanently their professional capacity;

(b) survivors of persons who have been ordered to work and have lost their lives in that work;

(c) members of the family of persons who have been ordered to work outside the municipality of residence and who have become missing, if damage or death or absence occurs in circumstances other than those referred to in § 2, paragraph 1, or § 8.

(2) Similarly, the provisions of paragraph 1 shall apply to persons injured in voluntary reconstructions during the period following the liberation of the territory and to survivors of persons who have died as a result of such work, unless the injured persons or survivors are entitled to a pension or accident insurance measure.

(3) The provision benefits under this Act may be granted only to the extent that, in the cases referred to in paragraph 1, the sum of those benefits and benefits resulting from public pension or accident insurance does not exceed the amount of the provision benefits which would otherwise be granted under the provisions of this Act. For the purpose of the assessment of the provision benefits, the rates of provision benefits laid down for persons injured (disabled and survivors) shall apply in the circumstances referred to in § 2 (1) (a).

§ 10.

(1) If the damage to health or death which would otherwise have been regarded as an accident in accordance with the Accident Insurance Act, in the circumstances referred to in § 2 (1) (i) to (m), it is for the injured person or the surviving family members, following the measures killed and benefits only under the provisions of that Act, and not for compensation under the provisions of the Accident Insurance Act.

(2) Compensation for damage to life, body or health referred to in § 1 of the President of the Republic of 31 August 1945, No. 54 of the Coll., on the registration and detection of war damage and damage caused by exceptional circumstances granted under this Act shall be regarded as compensation pursuant to § 8 (2) of the said Decree.

(3) Entitlement to the measure under this Act is not granted to the injured party (Paragraph 14) if they have been, as such, compensated for damage (Paragraph 1) under other specific legislation of the Czechoslovak or foreign State. However, if the compensation thus granted to them is lower than that provided for under this Act, the Ministry of Social Welfare may, in agreement with the Ministry of Finance, grant them partial benefits of provision up to the amount of the difference between the compensation granted to them and the benefits which they would otherwise enjoy under this Act. Compensation shall not be paid, provided that the salary or other salaries of that kind derived from the employment relationship are not otherwise provided by the law.

(4) Residents who have received compensation from public funds for the death of a spouse or a father or a mother or child under the rules on compensation for war damage (personal damage) or in the rules on compensation for the harm suffered by workers shall be counted as special compensation for the benefits of provision which would otherwise be due to the survivors under Section 42, 43, 48, 49, 54 and 55 of this Act.

§ 11.

(1) No person shall be entitled to the arrangements:

(a) which have been lawfully convicted pursuant to the decree of the President of the Republic of 19 June 1945, No 16 Coll., as amended by the Law of 24 January 1946, No 22 Coll., on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts, or under the Decree of the Slovak National Council of 15 May 1945, No 33 Coll. on the punishment of fascist criminals, occupants, traitors and collaborators, and on the establishment of a people's judiciary - from the date of the imposition of police or judicial ties,

(b) which have volunteered for military service against the allies of the Czechoslovak Republic, or which, as members of the government army, or in the service of the military power of the Slovak State, have shown particular zeal or if they have been decorated by the order of the Slovak State or the order of the former German Empire or its allies,

(c) which have been convicted of criminal acts under the decree of the President of the Republic of 27 October 1945, No 138 Coll., on the punishment of certain offences against national honour or pursuant to § 5 of the Decree of the Slovak National Council No. 33 / 1945 Coll. SNR - for the duration of the loss of voting rights,

(d) which have caused harm to their health with the intention of avoiding a military obligation in Czechoslovak military power, or of defying for the same purpose from Czechoslovak military power,

(e) persons who, on the basis of a voluntary application, entered into employment in the countries of the hostile Czechoslovak Republic between 10 October 1938 and 5 May 1945,

(f) survivors of the persons referred to in (a), (b), (d) and (e), excluding dependent children.

(2) If the penalty referred to in § 16 (2) of Decree No. 16 / 1945 Coll. has been waived, the Ministry of Social Welfare may, in agreement with the Ministry of Finance, grant entitlement to the arrangements in reasonable cases.

§ 12.

The provisions of this Act shall apply in respect of military persons:

(a) for persons of the number of teams and their survivors,

(b) for the longer serving of the Czechoslovak army and their survivors under the conditions of § 12 of the Act of 31 May 1932, No 83 Coll., on the modification of the formalities of military personnel from the number of troops in active service and of certain other persons to them in terms of the terms of the like, as well as the arrangements of the longer serving;

(c) for members of the government army or former Slovak armed forces, for retired military gayists before 29 September 1938, for military gayists in advance and for survivors of such persons, provided that they are not subject to the special provisions of the military administration.

§ 13.

If the provision benefits (other salaries of that kind) of persons who are in the provision of military administration and who have suffered damage or whose provider has died in the circumstances or as a result of the circumstances referred to in § 2 (1) (d) to (n), the amount of the provision benefits under this Act (§ 15, (1), (a) and (2) (a)) shall receive from the authorities designated in this Act (§ 68) the difference between both benefits.

§ 14.

Persons who have become disabled in the circumstances referred to in § 2 (1) (a) or after 20 May 1938 in the circumstances referred to in § 2 (1) (d) to (g) shall be disabled in war. Persons who have become disabled in the circumstances referred to in § 2 (1) (b) and (c) are military disabled, the others are civil disabled. The same goes for the survivors. War disabled and survivors are war victims, military disabled and survivors are military victims, civil disabled and survivors are civil victims.

§ 15.

Scope of the arrangement.

(1) The provision of invalidity shall include, as appropriate, the following:

(a) provision benefits, i.e. invalidity pension, pension allowance, treatment supplement, blind allowance, wife supplement, child supplement, additional allowance, compensation for health or body damage and expensive allowance;

(b) therapeutic and prosthetic care;

(c) provision in the home of the disabled;

(d) training.

(2) According to the circumstances of the case, the arrangements for the survivors include:

(a) provision benefits, i.e. widower's, widower's, orphan's, parents', siblings', raising allowance, special allowance, pension allowance and expensive allowance;

(b) death grants;

(c) therapeutic and prosthetic care.

(3) In addition to this provision, social care and other benefits are granted to wartime, military and civil injured persons (§ 81 to 108).

§ 16.

(1) Reinsurance benefits are paid on a monthly basis in the hands of the pensioner or his legal representative. The payment of the provision benefits to the agent shall be excluded.

(2) The pensioner is not entitled to interest on late payments.

II. Provision of disabled persons.

§ 17.

Invalidity pension.

(1) Invalidity pension for disabled persons over 18 years of age:

při snížení výdělečné schopnosti	měsíčně
od 25 do 34 %	150 Kčs
od 35 do 44 %	250 Kčs
od 45 do 54 %	350 Kčs
od 55 do 64 %	450 Kčs
od 65 do 74 %	600 Kčs
od 75 do 84 %	800 Kčs
od 85 do 94 %	1.100 Kčs
od 95 do 100 %	1.500 Kčs.

(2) A reduction in the gainful capacity below 25% does not give rise to entitlement to an invalidity pension. However, if pensions were granted on a case-by-case basis in Slovakia in the event of a 20% to 24% reduction in gainful capacity in accordance with the provisions in force until the issue of this Act, they will be paid further, namely the amount of Kčs 120-monthly.

§ 18.

An addition to retirement.

(1) Invalidity, which has been reduced by 45% to 100%, is subject to a pension allowance if it proves that they have no other income subject to tax and that they cannot obtain a higher income for their health or for any other serious reason. The provision benefits granted under this Act are not included in this income.

(2) The pension allowance is 45% to 84% in the case of an invalid with a reduction in earning capacity, who lives in Prague, Brno, Bratislava, Plzeň and Moravian Ostrava, 200 CZK per month, in other places 150 CZK per month, in the case of an invalid with a reduction of 85% to 100%, living in designated cities, 300 CZK per month, in other places 250 CZK per month.

(3) The Minister for Social Welfare is hereby authorised to reduce the rates of this allowance in agreement with the Minister for Finance if economic conditions improve substantially.

§ 19.

Extra medical and blind.

(1) If an invalid is so helpless as to be without care and care (§ 1), he is entitled to a treatment supplement of 600 CZK per month.

(2) Persons who are blind in the circumstances referred to in § 2 (1) will receive a blind supplement instead of a medical supplement, namely a blind person of the practical 600 CZK monthly, a blind person of the complete 1.200 CZK monthly. In cases of good consideration, the supplement may be increased to 750 CZK per month for a practical blind, 1,500 CZK per month for a complete blind.

(3) An additional surcharge of 300 Kčs per month shall be payable to the Invalides entitled to the surcharge provided for in paragraph 2 if, in addition to the loss of vision, they have suffered further damage (Paragraph 1) which would itself give rise to entitlement to benefits.

(4) During the period of constitutional treatment for the cargo of a State lasting more than one month and during the period of residence in an invalid home, the payment of the medical allowance shall rest (paragraph 1).

Family benefits.

§ 20.

A raise on the wife.

(1) An allowance of 10% of the invalidity pension is payable to Invalid if he is living with him or if he is obliged to contribute to his or her diet. The spouse shall be entitled to this allowance only if he is living with her in the common household and if the allowance is not already paid to the spouse whose diet the invalid is obliged to contribute.

(2) Where a spouse receives the benefits of the provision provided for in this Act itself or other benefits of the provision of public or provision benefits resulting from public pension insurance, the allowance referred to in paragraph 1 shall be granted only if it is higher than the benefits of the spouse.

§ 21.

A raise for the kids.

(1) The child allowance of 10% of the invalidity pension is payable to the invalid (Paragraph 17) for each dependent and adopted child, for the spouse and the dependant, until the 18th year of age has been completed, provided that he cares for his or her nutrition. If a child cannot have mental or physical illness, or because he is in an apprenticeship relationship, or if he visits a school for the purpose of preparing for a profession, he or she is entitled to a supplement up to the age of 21; in cases of special consideration, the Ministry of Social Welfare may, in agreement with the Ministry of Finance, grant a surcharge after the age of 21. Paragraph 20 (2) shall apply mutatis mutandis.

(2) A daughter's marriage is always considered to be her arrangement.

(3) The supplement referred to in paragraph 1 shall be increased by 40 CZK per month to disabled persons who are not entitled to family allowances under the Act of 23 March 1949, No 90 Coll., on family allowances, as amended by the regulations amending it and supplementing it or to educational allowances under the regulations referred to in § 5, paragraph 1 of the same Act.

§ 22.

A raise for the parents.

Invalid may be granted a supplement of 10% of the invalidity pension (Paragraph 17) for each of the parents living with him in the common household, the earnings of which are ineligible and the maintenance is solely or principally linked to his support. Paragraph 20 (2) shall apply mutatis mutandis.

§ 23.

The experience of young disabled people.

(1) Invalid over 14 years of age, but under 16 years of age, will receive half, an invalid over 16 years of age, but under 18 years of age will receive three quarters of the benefits which would otherwise belong to him under this law, but at least 120 Ccs per month. Entitlement to the payment of the benefits of provision shall be granted only if the invalid fulfils the conditions imposed on him by the State Office for Damages with regard to training and education, on a proposal from the youth care district. After 18 years of age, an invalid receives full benefits.

(2) The provider of a child under 14 years of age who has suffered damage (§ 1) may be granted a childbearing allowance of up to 750 CZK per month according to the amount of the special expenses caused by the child to the breeder and the degree of damage. On completion of 14 years of age, invalidity benefits shall be granted to the child referred to in paragraph 1 and the right to an education allowance shall cease.

§ 24.

Increasing surcharge and compensation for damage to health or body.

(1) Invalidity, the damage suffered in the circumstances referred to in § 2 (1) (b) to (ch) and (n) and entitled to an invalidity pension, shall be subject to an increase of 300 CZK per month.

(2) If the gross income of an invalid which has been damaged in the circumstances referred to in § 2 (1) (d) to (h) and (n), and whose loss of gainful capacity is at least 95%, together with the provision benefits under this law, at least three quarters of the income which is achieved on average in the same profession as the disability before the loss (§ 1), the Ministry of Social Welfare may, in agreement with the Ministry of Finance, raise an increase premium to compensate for this difference, but not more than 1.000 Kčs monthly.

(3) Persons who have suffered damage to their health or body in the circumstances referred to in § 2 (1) (d) to (h) and (n) and whose ability to earn has been reduced by 20% and 24% may, in agreement with the Ministry of Finance, provide compensation for the damage of 300 CZK per month if such damage persists.

§ 25.

Conflict of claims and various damages.

(1) If a person has suffered two or more losses in the various circumstances referred to in § 2, paragraph 1, points (a) to (n) and § 8, such damage shall be considered to be a single loss of profitability in order to determine a reduction in the working capacity. This overall reduction in gainful capacity is the standard for the granting of a single invalidity pension and supplementary benefits.

(2) The increase fee provided for in § 24 is only applicable if the consequences of damage caused in the circumstances referred to in § 2 (1) (d) to (ch) increase the loss of gainful capacity due to damage caused in other circumstances referred to in § 2 (1) so substantially that such increase in loss of gainful capacity affects the amount of invalidity pension.

(3) It is not permitted to receive more than one pension under this Act; when two or more claims are combined, the injured party shall be entitled to the pension he chooses. The pension entitlement shall rest for the duration of the pension.

§ 26.

Restoration of disability pension after capitalisation.

If, in accordance with the provisions in force until the date of issue of this Act, the capitalisation of the invalidity pension has been carried out, it shall recover after a period of 10 years, calculated from the date on which the capitalisation was made, from the date on which it was made, the entitlement to the full provision benefits which are due to the disability according to a recognised reduction in gainful capacity. If a period of 10 years has elapsed before the entry into force of this Act, the claim shall be renewed at the earliest on the date on which the Act became effective.

Healing.

§ 32.

Constitutional care.

(1) The Ministry of Social Welfare may take appropriate measures to accommodate disabled persons who do not have compulsory persons (under civil law) and who are eligible to provide them with nutrition, in institutions (homes), particularly for that purpose. The Ministry of Social Welfare may, if necessary, or in cases of due regard, authorise exemptions from the conditions laid down for housing.

(2) Invalides in the home belong to accommodation, meals, medical assistance and medicines, and, if necessary, dressing. A daily allowance may be granted to the invalid in respect of small-scale needs, as well as the remuneration for work under directives issued by the Ministry of Social Welfare.

(3) Invalidity must be subject to the provisions of the domestic rules issued by the Ministry of Social Welfare.

(4) If your stay is longer than a month, you will be entitled to an invalidity pension. In this case, the spouse or spouse (§ 20, par. 1) and the children (§ 21, par. 1) may receive, if necessary for their livelihood, half of the invalidity pension and the expensive supplement which was paid to the disabled at the time of entering the home. A supplement for the wife and the children may be paid in full.

§ 33.

Training.

(1) The State Office of War Damage may provide the disabled with training or re-training upon request, where necessary, so that the invalid can work in his profession or in another employment. The cost of training is borne by the State.

(2) If it is necessary for an invalid to be away from his family during the training period, the State shall bear the costs of accommodation and subsistence for the disabled. The disability pension rests for that time. The spouse or co-worker (§ 20 (1)) and the children (§ 21 (1)) shall, for the same period, be eligible for support at the rate of maintenance allowance fixed for members of the military service. The state authorities for war offenders decide on the confession.

(3) If, during the period of training, the disabled do not receive accommodation and meals on the cost of the State, the disability is entitled to a benefit of 100% for that period.

III. Provision of survivors.

Widow's pension.

§ 34.

The widow's pension is 600 CZK a month.

§ 35.

(1) If the spouse and the spouse did not live in the common household at the time of his death or before the circumstances referred to in Paragraph 2 (1) which led to the disappearance, the widow's pension may not exceed the amount which the spouse was or would have been obliged to contribute to its nutrition.

(2) If the marriage was concluded only after the damage which occurred in the circumstances referred to in Paragraph 2 (1), the widow's benefits shall not be borne by the marriage for at least 10 years. In cases of consideration, the Ministry of Social Welfare may exceptionally grant benefits. This provision shall not apply to cases in which, according to the provisions still in force, the provision benefits to the widow have already been granted.

§ 36.

(1) If there is a widow who is entitled to the widow's pension and a separated wife, the benefits between the widow and the wife who was entitled to maintenance shall be shared in proportion to the number of years of their marriage to the deceased. Every year of marriage is considered completed. The proportion of widower's benefits shall in no case be less than one quarter of the whole widower's benefits, but the part of the widower's parting shall not be greater than the maintenance to which she was entitled.

(2) The provisions referred to in paragraph 1 shall apply mutatis mutandis even if the deceased were to leave more persons so authorised, with the restriction that the sum of the relative parts of the widow's benefits may in no way exceed the full amount of the widow's benefits.

(3) The provisions referred to in paragraphs 1 and 2 may not be applied in cases where, according to the provisions still in force on the provision of war damages, the provision of widower benefits has not been divided between the widow and the wife's farewell.

§ 37.

(1) If there is no widow who is entitled to provision and who lived with an invalid at the time of his death in the married community, the wife-in-law shall receive benefits of provision, if she was entitled to maintenance at the time of death.

(2) The annual provision shall not exceed the provision which the deceased was obliged to pay to his wife, saying goodbye. However, if such maintenance was provided for before 1 December 1945, the provision benefits may not exceed the maintenance benefits by more than 100%.

§ 38.

(1) A widower's pension is also entitled to a mate, if not a widow. However, the condition is that the mate lived continuously with the man for at least one year immediately before the circumstances mentioned in § 2, paragraph 1.

(2) Paragraph 36, 42 and 43 apply mutatis mutandis.

(3) If a spouse who is a widow, after being married, receives benefits from public or public pension insurance, she is not entitled to provision under this law, but may, in appropriate cases, receive the difference between her widower's benefits and the benefits which would otherwise be due to her under this law.

§ 39.

Widows of a woman who has died or has become missing as a result of the circumstances referred to in Paragraph 2, paragraph 1, may, in agreement with the Ministry of Finance, be entitled to a widower's pension equal to the widower's pension, provided that the wife of her husband has mainly benefited from her income for his substantially reduced professional capacity and if, and if, the widower is unfit for employment and needs assistance.

§ 40.

(1) Widows (coworkers, after saying goodbye to their wives, widower) may, after hearing the relevant counties of youth care and custody courts, be provided with benefits granted in whole or in part under this law if they neglect the education or nutrition of their children for whom they are obliged to care; the provision benefits in this case shall be used after the hearing of the competent district youth care for the maintenance and upbringing of those children.

(2) With the agreement of the local National Committee (Local Administrative Commission), the State Office for War Damage may withdraw the granted widow's pension or not admit the widow's widow's widow's pension if the grant or payment of the pension would cause public harm, in particular if the widow relying on the pension avoids work, even if her work is not prevented by her state of health, family or other important cause.

§ 41.

Outstanding.

(1) If a woman who is entitled to a widow's pension is married, she loses the benefits of the provision, but receives a three-fold allowance for the annual widow's pension, after an increase in the allowance if she is entitled to it.

(2) A woman who has been granted a severance pension as a result of marriage (paragraph 1) shall be entitled again to the widow's provision benefits if, within three years of her conclusion, the marriage is terminated either by the death of her spouse or by legal separation without fault of the spouse. Entitlement to benefits shall be acquired from the first day of the month following the death of the marriage. The condition for the re-acquisition of the right is that it has not acquired entitlement to another provision from this marriage or that it has no right to maintenance from a parted husband. It shall return from the payout to the relevant part for a period of no more than 3 years from the date of the second marriage. The amount thus determined shall be deducted within the monthly periods from the newly granted provision benefits.

§ 42.

An increase in the pension for the widower.

The widow of a man who died or went missing in the circumstances or in the context of the circumstances referred to in § 2 (1) (b) to (ch) and (n) shall be entitled to an increase in the pension rate of 400 CZK per month. This surcharge is also for the widow of an invalid who has been recognised by a practical or complete blind person for damage caused in the circumstances referred to in § 2 (1).

§ 43.

Special allowance for widower's pension.

(1) If the other taxable income of a widow belonging to an increase premium does not reach an amount of CZK 3.500 per month, the Ministry of Social Welfare may, in agreement with the Ministry of Finance, grant the widow a special bonus if there are serious reasons for doing so, in particular if it is a widow resident permanently in a local class A or B under the provisions of § 12 of the Act of 24 June 1926, No. 103 Coll., on the adjustment of the salaries and certain service conditions of civil servants. The supplement shall be granted at an amount not exceeding CZK 3.500 per month, but not exceeding CZK 1.000 per month, if the spouse, or if he was missing in the circumstances or in the context of the circumstances referred to in § 2, paragraph 1, points (d) to (h) and (n), or up to a maximum of CZK 500, died or lost in the circumstances or in the context of the circumstances referred to in § 2, paragraph 1, (b), (c) and (ch). In other cases, a specific surcharge cannot be granted.

(2) The widow shall be entitled to this special supplement if it is established that the circumstances referred to in § 2 (1) (d) to (h) and (n) have occurred for the participation of the spouse in the resistance or for his political activity.

(3) The widow's income referred to in paragraph 1 shall not include the provision benefits paid to children under this law or under other regulations, nor any other income from children, nor the provision benefits paid under this law.

Orphan pension.

Citation	Act No. 164 / 1946 Coll., on the Care of Military and War Damage and Victims of War and Fascist Persecution
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.08.1946
Effective from	01.01.1946
Effective until	-
Status	Valid

Act No. 164 / 1946 Coll.

Law on the care of military and war victims of war and fascist persecution

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