Act No. 203 / 2022 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 111 / 2006 Coll., on Aid in Material Emergency, as amended
Valid
Law
Effective from 01.07.2022
Contents
203
THE LAW
of 29 June 2022
amending Act No. 117 / 1995 Coll., on State Social Aid, as amended, and Act No. 111 / 2006 Coll., on Aid in Material Emergency, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the State Social Support Act
Act No. 5 / 2006, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 15 / 2004, Act No. 54 / 2004 Coll., Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 15 / 2004, Act No. 54 / 2004 Coll.
1. In Article 7 (6), the words "even if it is declared permanent 'are deleted.
2. In Paragraph 25 (1) (c), the word "in particular 'is inserted after the word" means'.
3. In the first sentence of Paragraph 25 (2), the words ", the cost of the service provided with the use of the apartment is demonstrated by a detailed breakdown of the various services' are replaced by the words"; in the case of the cost of the service provided with the use of the apartment, a detailed breakdown of the various services is not required ', and the second and third sentences are deleted.
4. In Paragraph 28, the current text becomes paragraph 1 and the following paragraphs 2 to 4 are added:
"(2) The Ministry of Industry and Trade, in cooperation with the Energy Regulatory Authority, shall submit to the Government an estimate of the average increase in the level of energy costs between 1 January and 31 December of the calendar year preceding the period for which the amounts of the normative housing costs are determined and the period from 1 January to 31 December of the calendar year for which the amounts of the normative housing costs are determined, if the Government so requests.
(3) The amount of the amount of the normative housing costs referred to in paragraph 1 (c) may be adjusted by the government taking into account the estimate of the average increase in the level of energy costs referred to in paragraph 2.
(4) For the period up to 31 December of the calendar year for which the amounts of the normative housing costs are fixed in accordance with paragraphs 1 and 3, the Government may, by regulation, increase the amounts of the normative housing costs with effect from the first day of the calendar month following its publication, provided that the estimate referred to in paragraph 2 shows a significant change in the average increase in the level of energy costs during the calendar year for which the amounts of the normative housing costs are determined. "
5. In Paragraph 30 (3) (a) and (b), the amount "10 000 CZK" is replaced by "13 000 CZK."
6. Paragraph 51 (5) reads:
"(5) The housing allowance shall be paid for each calendar quarter period or within that calendar quarter for a shorter period, provided that entitlement to that benefit is valid only for a shorter period than the calendar quarter. Where the housing allowance is paid on the last day of the calendar quarter, its payment shall be made in the immediately following calendar quarter only if, by the end of the first calendar month of the following calendar quarter at the latest, the amount of the relevant income for the calendar quarter at which the benefit was paid shall be shown. If the income determined under the second sentence is not shown, the payment of the housing allowance shall be discontinued from the payment due for the calendar month by which the amount of income for the payment of the housing allowance for the following calendar quarter must be shown. If the relevant income is not demonstrated by the end of the calendar quarter for which the benefit should be paid, the right to the housing allowance shall cease. The provisions of the second to fourth sentences also apply to the demonstration of housing costs. Where entitlement to the housing allowance is demonstrated for the period for which the payment of that benefit was not due under this paragraph, or where entitlement to the housing allowance is demonstrated for the period of cessation of entitlement to that benefit under this paragraph, the provisions of paragraph 4 shall be applied mutatis mutandis. ';
7. In Paragraph 51 (5), the words "1 or 3 'shall be inserted after the words" on the last day'.
8. The following Section 51a is inserted after Section 51:
(1) Where the housing allowance is paid on the last day of the fourth calendar quarter, its payment shall also be made in the first calendar quarter of the immediately following calendar year, the factors applicable to entitlement to the housing allowance on which the amount of the housing allowance paid on 31 December of the immediately preceding calendar year is determined, unless otherwise specified. Paragraphs 3 to 5 of Paragraph 51 (5) shall not apply.
(2) Where, on the last day of the fourth calendar quarter, the beneficiary of the payment of the housing allowance proves, by 15 January immediately following the calendar year, the amount of the relevant income and the cost of living for the preceding quarter, the right to the housing allowance shall be established for the period of the first calendar quarter immediately following the calendar year and its amount shall not apply to that fact and the provisions of paragraph 1 shall not apply.
(3) Where the housing allowance is paid on the last day of the second calendar quarter, its payment shall also be made in the third immediately following calendar quarter, the facts applicable to entitlement to the housing allowance on which the amount of the housing allowance paid on 30 June immediately preceding the third calendar quarter shall be based for the determination of its amount, unless otherwise specified. Paragraphs 3 to 5 of Paragraph 51 (5) shall not apply.
(4) If, on the last day of the second calendar quarter, the beneficiary of the payment of the housing allowance proves, by the date immediately following 15 July, the amount of the applicable income and the cost of living for the immediately preceding calendar quarter, the right to the housing allowance shall be established for the period of the third immediately following calendar quarter and its amount shall be determined by that fact and the provisions of paragraph 3 shall not apply.
(5) For the period from 1 January to 31 March and from 1 July to 30 September, the provisions of Paragraph 61 (1) and (3) shall not apply, with the exception of the obligation to report changes in the heading of the persons jointly assessed, together with details of their amount of revenue and changes in the use of the flat; a change in the use of an apartment means, for these purposes, the loss or change in the legal title for use of an apartment. ';
9. In the first sentence of Article 58 (2), the words "the place where the beneficiary is declared for permanent residence 'are replaced by the words" local jurisdiction as referred to in Article 66 (2)'; the words "permanent residence as authorised person 'are replaced by the words" local jurisdiction'; in the second sentence the words "the place of permanent residence as authorised person 'are replaced by the words" Article 66 (2)';
10. in Article 68 (1) (e), the words ", the cost of the service provided with the use of the apartment and" shall be replaced by "and the amount of the documents."
11. § 68a reads:
In the application procedure under this Act, records on technical data media, micrographic records, printed products of the optical archiving system and printed or photographic products of other computer techniques may be used as a basis for the decision to be taken instead of the original of the document according to which they were taken. The State aid authority shall invite the person who has submitted a copy of the document to submit the original or an officially certified copy or a copy of the document, if he doubts the authenticity of the copy submitted. ';
12. in § 68b, the words "or electronic form" shall be added at the end of the text (b).
13. in Article 69 (1) (e), the words "if the Regional Branch of the Office of Labour will decide pursuant to § 7 (6) or a special beneficiary pursuant to § 59" shall be replaced by the words "or if the Regional branch of the Labour Office will decide on a special beneficiary pursuant to § 59."
14. In Paragraph 70 (1), at the end of the text, the second sentence "the fourth sentence 'is replaced by" the third and fifth sentences'.
Transitional provisions
1. The procedure for the benefits of State social assistance due no later than the month preceding the month in which this Act takes effect, initiated and definitively concluded before the date of entry into force of this Act, shall be completed in accordance with Act No. 117 / 1995 Coll., as effective until the date of entry into force of this Act.
2. The procedure for the benefits of State social assistance not earlier than the month in which this Act takes effect, initiated and definitively terminated before the date of entry into force of this Act, shall be completed in accordance with Act No. 117 / 1995 Coll., as effective from the date of entry into force of this Act.
3. The housing allowance granted pursuant to Paragraph 51 (5) of the First Law No. 117 / 1995 Coll., as effective until the date of entry into force of this Act, for the period from 1 July 2021 to 30 June 2022 or for a shorter period, and to which the entitlement continues on 30 June 2022, shall be deemed to be an indefinite housing allowance granted from 1 July 2022. Paragraph 51 (5) of Act No. 117 / 1995 Coll., as effective from the date of entry into force of this Act, applies to entitlement to payment of the benefit not earlier than July 2022.
Change of aid law in material emergency
Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 369 / 2008 Coll., Act No. 585 / 2006 Coll., Act No. 379 / 2007 Coll., Act No. 379 / 2008 Coll., Act No. 369 / 2009 Coll., Act No. 427 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 398 / 2011 Coll.
1. Paragraph 2 (4) reads as follows:
"(4) A person in a material emergency may also be regarded as a person in a material emergency by the institution as being affected by a serious emergency and whose overall social and property circumstances are such that they do not allow it to overcome the unfavourable situation by itself; for the purposes of this Act, a serious exceptional event means in particular:
(a) natural disaster (such as flood, storm and higher levels of wind disaster, earthquake), fire or other destructive event, ecological or industrial accident;
(b) any other event which could not be predicted or prevented by reference to its scope, as a result of which a person is threatened, in particular, by the loss of housing or by the absence of essential living needs, due to lack of funds. "
2. in Article 9 (1) (a), the words "income from pensions provided under the pension scheme 53" shall be inserted after the words "70%."
3. in Article 9 (1) (b), point 3 shall be deleted;
4. In Article 9, the following paragraph 4 is added:
"(4) The income referred to in paragraph 1, or part thereof, the credit of which, for the purposes of determining entitlement to benefit, would not be fair to claim, taking into account the purpose for which the benefit is to be granted, the institution of assistance in a material emergency in the relevant income. '
5. In Paragraph 10 (2), at the end of point (a), the comma is replaced by a dot and point (b) is deleted and the designation of point (a) is deleted.
6. in Paragraph 10, the following paragraph 5 is inserted after paragraph 4:
"(5) The period for which income is to be collected shall be the period of the current month and 3 calendar months preceding the current calendar month in the event of a single benefit application; where it would not be fair, having regard to the purpose for which a lump sum levy is to be granted, to require the detection and evaluation of income, social and property ratios for the period of 3 calendar months preceding the current calendar month, the Regional Branch of the Labour Office may determine that the income, social and property ratios will be collected and evaluated for the period of the current calendar month. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
7. Paragraph 36 (2) reads as follows:
"(2) For the purpose of providing emergency immediate assistance to the person referred to in paragraphs 3 and 6 of Section 2, that person shall be assessed without the persons assessed jointly. For the purpose of providing emergency immediate assistance to a person referred to in Article 2 (5) (a), the Authority may determine that that person is to be assessed without the persons assessed jointly if joint assessment cannot be reasonably required of the person. Exceptional immediate assistance may be provided only to one of the persons jointly assessed. ';
8. In Article 37 (b), the words "(a) 'shall be inserted after the words" paragraph 4' and the words "(b) 'shall be added at the end of the text"; in Article 2 (4) (b), account shall be taken of the property situation and the income situation of the person so that the sum of the benefits provided to the person for this reason does not exceed twenty times the life-minimum of the individual (35) within 12 calendar months consecutive'.
9. In Article 37 (c), the words "taking into account the property situation and the income situation of the person 'shall be inserted after the words" providing'.
10.Paragraph 67 (1) reads as follows:
"(1) The local jurisdiction of the Regional Branch of the Office of Labour shall be governed, unless otherwise provided for in this Law,
(a) the place where the person resides or actually resides;
(b) where, however, a situation requiring emergency immediate assistance has taken place outside the administrative district of the Regional Branch of the Office of Labour where the person actually lives or resides, the local regional branch of the Office of Labour in whose administrative district the situation has taken place shall be responsible. ";
11. in Paragraph 67, paragraph 3 is deleted;
12. in Article 71, the words "or electronic form" shall be added at the end of the text of point (b).
13.
In the application procedure under this Act, records on technical data media, micrographic records, printed products of the optical archiving system and printed or photographic products of other computer techniques may be used as a basis for the decision to be taken instead of the original of the document according to which they were taken. The authority of assistance in material distress shall invite the person who has submitted a copy of the instrument to submit the original or an officially certified copy or a copy of the instrument, if he doubts the authenticity of the copy submitted.
Comments on the grounds for a decision
(1) The obligation of the administrative authority to give the party before the decision is taken the opportunity to comment on the grounds of the decision shall not apply if the decision is given only on the basis of documents submitted to the administrative authority by that party or by a person jointly assessed with him, or the data contained in the Single Information System for Labour and Social Affairs, or in the context of the situations referred to in Article 49 (5).
(2) In the cases referred to in paragraph 1, the first act of the administrative authority in the procedure may be to take a decision on a case where the procedure is ex officio. ';
14. In Article 76, the following paragraph 4 is added:
"(4) The notification shall not be provided if there is a change in the amount of the benefit due to an increase in the minimum of life and existence or if the child is not dependent on the age set for the use of a higher minimum of life if the change in the amount of the benefit is due only to a change in the age of the child. Paragraphs 2 and 3 shall apply mutatis mutandis to the submission of objections. ';
Transitional provisions
1. The procedure for the benefits of aid in material distress initiated and final before the date of entry into force of this Act shall be completed in accordance with Act No. 111 / 2006 Coll., as effective from the date of entry into force of this Act.
2. The Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague (hereinafter referred to as the "Regional Branch of the Labour Office") shall deliver a written communication to the current beneficiaries of the living allowance and the additional payment for housing in accordance with this Act, inviting them, where the place where they reside in the Czech Republic is different from the place where they are declared for permanent residence, to the Regional Branch of the Labour Office which pays them the subsistence allowance or supplement; This communication shall not be delivered to its own hands.
3. From the date of entry into force of this Act, until the date of notification of the change in the place of residence of the beneficiary of the living allowance and the housing supplement to the relevant Regional Branch of the Labour Office referred to in point 2, these benefits shall be paid by the Regional Branch of the Labour Office which last paid them these benefits before the date of entry into force of this Act. When changing local jurisdiction, the Regional Branch of the Labour Office pursuant to § 43 (6) of Act No. 111 / 2006 Coll., as effective from the date of entry into force of this Act, shall proceed mutatis mutandis.
EFFECTIVE
This Act shall take effect on 1 July 2022, with the exception of Article I (7) and (8), which shall take effect on 1 October 2022.
Pekarová Adamová v. r.
Zeman v. r.
v Austrian v. r.
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Regulation Information
| Citation | Act No. 203 / 2022 Coll., amending Act No. 117 / 1995 Coll., on State Social Aid, as amended, and Act No. 111 / 2006 Coll., on Aid in Material Emergency, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 235
The regulation text is for informational purposes only.
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