Act No. 168 / 2005 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws
Valid
Law
Effective from 01.06.2005
168
THE LAW
of 23 March 2005
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the State Social Support Act
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 237 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 320 / 2002 Coll., Act No. 125 / 2003 Coll., Act No. 362 / 2003 Coll.
1. In Paragraph 40, the dot is replaced by a comma at the end of paragraph 2 and the words "unless otherwise specified further 'are added.
2. Paragraph 40 (3) and (4), including footnote 48, are deleted.
3. The following Sections 40a and 40b are inserted after Section 40, including the title and footnote 48:
Reward of foster parents in special cases
(1) The amount of the remuneration of the foster child per calendar month is the product of the amount for the personal needs of the foster child and the coefficient
(a) 3,00, if the foster parent takes care of at least 3 children entrusted to him in foster care, this remuneration shall be increased by the product of the amount for the personal needs of the foster parent and by a coefficient of 0,60 for the fourth time and by each additional child entrusted to the foster parent; or
(b) 3.30. When a foster child is caring for at least one long-term seriously disabled child requiring exceptional care entrusted to him in foster care, this remuneration shall be increased by the sum of the amount for the personal needs of the foster child and the coefficient of 0.60 for the care of each other child entrusted to him in foster care, or by the amount for the personal needs of the foster child and the coefficient of 0.90 for the care of each additional child entrusted to him in a long-term disability requiring exceptional care.
The remuneration referred to in points (a) and (b) shall be treated as a salary for the purposes of specific legislation48).
(2) The remuneration of a foster parent referred to in paragraph 1 shall be payable only if the foster parent has not been employed throughout the calendar month and the conditions referred to in paragraph 1 have been fulfilled throughout the calendar month. The remuneration of a foster parent referred to in paragraph 1 shall be payable to the foster parent for the duration of his temporary incapacity for work, but shall not exceed one month of his duration.
Conditions for entitlement to foster remuneration
(1) Where a foster parent carries out foster care in a foster care establishment and is therefore remunerated for the performance of foster care under special legislation 49a), a foster parent's remuneration under § 40 and 40a does not belong.
(2) Where a child entrusted to a foster parent is in full direct custody of a child or youth care institution (§ 7 (4), second sentence) or in the care of another person, on the basis of a decision by the competent authority to give custody of the child to the parent (§ 7 (12)), the payment to the foster parent for the care of those children under § 40 (1) shall not apply and shall not be taken into account when determining the remuneration under § 40a.
48) For example, Act No. 586 / 1992 Coll., as amended, Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended, Act No. 155 / 1995 Coll., as amended. '
4. In Paragraph 43 (3), "up to 40 'is replaced by" up to 40b';
5. In Article 51 (4), the words "with the exception of the remuneration of a foster parent under Article 40a," shall be inserted after the words "Paragraph 36 (b)."
Amendment to the Pension Insurance Act
In Article 5 (1) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 359 / 2004 Coll. and Act No. 436 / 2004 Coll., letter (k), including footnotes No. 5a and 5b are worded:
"(k) foster parents who carry out foster care in foster care establishments under special legislation (5a) or who are paid a remuneration due to the foster parent in special cases under special legislation (5b) for the performance of foster care;
5 (a) § 44 to 47 of Act No. 359 / 1999 Coll., on Social Protection of Children.
5b) § 40a of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 168 / 2005 Coll. '
footnote 5a is renumbered footnote 5c, including the footnote reference.
Amendment of the Act on the organisation and implementation of social security
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 308 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 72 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 118 / 1999 Coll.
2. in Paragraph 36 (m):
"(m) foster parents who perform foster care in foster care establishments under special legislation 71a), the founder of that establishment, and in foster parents who receive a remuneration due to the foster parent in special cases under special legislation 71b), the paying authority;"
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
In Article 3 (1) (c) of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 359 / 2004 Coll. and Act No. 436 / 2004 Coll., paragraph 10 including footnotes No 1c and 1d are worded:
"10th foster parents who perform foster care in foster care establishments under special legislation (1c), or who are paid a remuneration due to foster care in special cases under special legislation (1d),
1c) § 44 to 47 of Act No. 359 / 1999 Coll., on Social and Legal Protection of Children.
1d) § 40a of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 168 / 2005 Coll. '.
Amendment to the Public Health Insurance Act
In Article 5 (a) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of related laws, as amended by Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 309 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 359 / 2004 Coll. and Act No. 436 / 2004 Coll., paragraph 11, including footnotes No. 1c and 1d, read:
"11. foster care in foster care establishments under special legislation (1c), or to whom a remuneration due to a foster parent in special cases under special legislation (1d) is paid for the performance of foster care;
1c) § 44 to 47 of Act No. 359 / 1999 Coll., on Social and Legal Protection of Children.
1d) § 40a of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 168 / 2005 Coll. '.
Amendment to the Employment Act
In § 25 (1) of Act No. 435 / 2004 Coll., on Employment, point (q), including footnotes No 30 and 30a, the following text is added:
"(q) by a foster parent who carries out foster care in a foster care institution under special legislation (30), or who is paid a remuneration due to a foster parent in special cases under special legislation (30a);
30) § 44 to 47 of Act No. 359 / 1999 Coll., on Social Protection of Children.
30a) § 40a of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 168 / 2005 Coll. '
EFFECTIVE
This Act shall take effect on the first day of the second month following its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 168 / 2005 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2005 |
|---|---|
| Effective from | 01.06.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Social security benefits
Economic (State)
Civil law
Civil law substantive
Social security law
Proceedings in social security matters
Social Services, Social Assistance
Social security management
Administrative law
Old age insurance, Old age pension
Diseases, Sickness benefits
Unemployment security
The regulation text is for informational purposes only.
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