Government Decree No. 18 / 1953 Coll.
Regulation amending and supplementing the provisions on social security for persons called upon to serve in the armed forces and their family members
Valid
Effective from 01.04.1953
18.
Government Regulation
of 25 March 1953
amending and supplementing the provisions on social security for persons called upon to serve in the armed forces and their family members.
The Government of the Czechoslovak Republic orders pursuant to § 2 (3) (a), § 15 (4), § 16 (2), § 17 (1) and (3), § 18 (1) and § 20 (2) of Act No. 64 / 1950 Coll., on the social security of persons called for service by the armed forces and their family members:
Government Regulation No. 131 / 1950 Coll., implementing the Act on Social Security for persons called upon to serve in the armed forces and their family members, is amended and supplemented as follows:
1. Paragraph 3 (1) (b) reads as follows:
"(b) a spouse (species), if the person called does not have a spouse (spouse), lives with the spouse (species) in the common household on a day fixed for the service of at least 6 months, or if the spouse is born of a child whose father is the person called, and if it is possible from the current way of living both of them to judge on their lasting coexistence, '.
2.
"(2) The members of the family referred to in paragraph 1 shall also be deemed to be members of the family if the person called is obliged to provide them with a contribution to the payment of their personal needs or if they are substantially dependent on such a contribution,
(a) parents, grandparents, persons who cared for the person called as parents, father-in-law, mother-in-law,
(b) children entrusted to the person called for care as a substitute for the care of parents, siblings and grandchildren under the conditions referred to in paragraph 1 (c) to (e), if they live for at least 6 months on the date laid down for entering the service with the person called for the common household, ';
3. Article 6 (4) reads as follows:
"(4) A staff member shall not be entitled to a reduced salary if his family members have an income equal to that at which the allowance is not payable (Paragraph 19) or if they are not employed without a serious reason. '
4.
"Conditions governing entitlement to the allowance.
(1) The members of the family of the persons called upon (§ 3) are entitled to a provision allowance (hereinafter referred to as "the allowance"), provided that their arrangements depend substantially on the persons called on and are not otherwise taken care of by such persons when they are engaged in a military service (§ 17 (1) of the Law).
(2) If there are several members of the family of the person called upon, one of whom is legally obliged to pay the other for personal needs, and if his income exceeds the amount at which the allowance is not due (Paragraph 19), the amount exceeding that amount shall be considered as the own income of the members of the family entitled to the payment of personal needs.
(3) As the income of the members of the family shall be considered as income arising from the income of the employed person, from the family property or from the own income of the employed person during the service in the armed forces and which exceeds the amount of CZK 3.500 per month. However, the formalities provided to the person called pursuant to Act No. 88 / 1952 Coll., on the material security of members of the armed forces shall not be taken into account.
(4) The allowance shall not be granted to a family member of a person called on who is not employed without a serious reason. ';
Article 17 (1) (b) reads as follows:
"(b) she has defected, or"
6. Article 17 (3) reads as follows:
"(3) The entitlement to the allowance shall also cease for a period preceding the period of 6 months prior to the application for the allowance; for this preceding period, the district national committee may grant a contribution only in cases of special consideration. ';
The designation of paragraph 3 shall be amended to paragraph 4.
The designation of paragraph 4 shall be amended to paragraph 5 and the last-mentioned sentence shall read as follows:
"Paragraph 4 shall apply mutatis mutandis. ';
7. Paragraph 18 (2) (b) reads as follows:
"(b) is more than a month in a transitional institution of the Ministry of National Security or"
8.
"The amount of the allowance.
(1) The contribution shall be:
1. in the case of the first member of the family, 1500 CZK per month, if, however:
(a) income from a work or similar relationship or from literary or artistic activity shall be reduced by half the amount by which the own income exceeds 1.200 CZK per month;
(b) a national insurance pension or a provision benefit from public funds, shall be reduced by an amount by which that pension or provision benefit exceeds 700 Cds per month;
(c) other income, it shall be reduced by the entire income;
2. With another family member of 900 Ccs per month, however:
(a) income from a work or similar relationship or from literary or artistic activity shall be reduced by half the amount by which the own income exceeds 600 CZK per month;
(b) a national insurance pension or a public benefit benefit shall be reduced by an amount by which that pension or benefit exceeds 400 Kcs per month;
(c) a different income, the entire income is reduced.
(2) Where a member of the family has at the same time the income referred to in paragraph 1 (a) and (b) or (c), that income shall be added up and assessed in accordance with point (a).
(3) The aggregate amount of contributions due to members of the family of the same person called shall not exceed 4.500 CZK per month. If the sum of the contributions due under paragraph 1 to members of the family of the same appointed person is exceeded on a monthly basis, the contribution of other family members shall be reduced by the same amount.
(4) The members of the family referred to in Article 3 (2) shall be entitled to an allowance equal to the amounts which the person called is required to pay for their personal needs or the amount of regular aid which they have been obliged to grant or which, without prejudice to his or her own provision (his or her spouse, spouses, children), has actually provided to them, but not more than the amounts referred to in paragraphs 1 and 2.
(5) The first member of the family shall be deemed to be:
(a) the spouse of the person called; other
(b) mate (species) in the cases referred to in § 3 (1) (b);
(c) the oldest member of the family who is entitled to the allowance and has lived with the person called up until the date on which he commences his household service, unless he is a child born after that date; other
(d) the oldest or only member of the family who is entitled to the allowance. "
9.
"Add.
(1) An addition to the contribution is granted
(a) for a family member who is at least 7 years old and who is permanently helpless enough to need care and service by another person;
(b) for a family member for a period of nine weeks before and nine weeks after birth.
(2) The allowance referred to in paragraph 1 shall also be granted if the own income of the member of the family reaches an amount above which the allowance is not payable under the provisions of paragraphs 1 (b) and 1 (c) and 2.
(3) The addition may also be provided in other cases of special consideration.
(4) The following shall be added:
1. in the case of the first member of the family 750 CZK per month, however:
(a) income from a work or similar relationship or from literary or artistic activity, shall be reduced by an amount by which, together with the contribution, exceeds 3.450 CZK per month;
(b) a national insurance pension or benefits from public funds, shall be reduced by an amount exceeding CZK 2.200 per month;
(c) other income, shall be reduced by an amount exceeding 1,500 CZK per month;
2. In the case of another family member, 450 Ccs per month, however:
(a) income from work or similar relationships or from literary or artistic activities, shall be reduced by an amount exceeding 2.400 CZK per month;
(b) a national insurance pension or benefits from public funds shall be reduced by an amount exceeding 1.300 CZK per month;
(c) other income, shall be reduced by an amount exceeding 900 Ccs per month.
(5) Paragraph 19 (3) of the first sentence of the first sentence of the maximum monthly aggregate amount of contributions shall not apply to the allowance granted under paragraphs 1 to 3. '
10. Article 21 (3) reads as follows:
"(3) The application must be submitted at the latest on the date on which entitlement to the allowance expires pursuant to the provisions of Paragraph 17 (1), (2) and (4). In cases of special consideration, the district national committee may waive the delay if requested within 6 months of the expiry of the deadline for filing the application. The establishment of the service shall at least be accompanied by an official certificate. ';
11. the following paragraph 5 is added to Paragraph 21:
"(5) The Local National Committee shall submit an application for contribution within 7 days of its submission to the Regional National Committee. The District National Committee shall decide on the application no later than 3 weeks after its submission. If the application is not decided within that period, the district national committee shall grant an appropriate advance on the contribution. ';
12. Article 22 (1) reads as follows:
"(1) The allowance shall be paid monthly in arrears, at the same time or in two instalments, as a rule on 1 and 16 days of the month. ';
13.
"Where no reciprocity is required for foreign nationals.
The allowance shall be paid to foreign nationals even if the condition of reciprocity is not met if:
(a) the wife of a citizen called to serve in a military capacity who has not acquired Czechoslovak citizenship by marriage, or of her children;
(b) the spouse of a citizen called upon to serve in the armed forces,
(c) a husband, partner or children of a Czechoslovak citizen married to a foreigner who has been called to serve in military power. "
The Minister of the Interior is hereby authorised to publish in the Collection of Laws the full text of Decree No. 131 / 1950 Coll., as is apparent from the amendments made by this Regulation.
This Regulation shall enter into force on 1 April 1953; They shall be implemented by the Ministers of the Interior, Finance, Justice and National Defence in agreement with the participating members of the Government.
Broad v. r.
Maj-Gen Dr. Čepice v. r.
Cable v. r.
Nosek v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Decree of the Government No. 18 / 1953 Coll., amending and supplementing the provisions on social security of persons called to serve in the armed forces and their family members |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.1953 |
|---|---|
| Effective from | 01.04.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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