Full text of Act No. 245 / 1990 Coll.
Act of the Czech National Council on the competence of the institutions of the Czech Socialist Republic in social security
Valid
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 4a
§ 5
§ 6
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA DRUHÁ
Díl první
§ 14
Díl druhý
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
Díl třetí
§ 27
Díl čtvrtý
§ 28
§ 29
§ 30
§ 31
Díl pátý
§ 32
§ 33
§ 34
§ 35
§ 36
Díl šestý
§ 37
§ 38
§ 39
Díl sedmý
§ 40
§ 41
Díl osmý
§ 42
§ 43
§ 44
Díl devátý
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
ČÁST TŘETÍ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 56a
ČÁST ČTVRTÁ
§ 57
§ 58
§ 59
§ 60
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245
PRESIDENT OF THE CZECH NATIONAL COUNCIL
Announces
full text of the Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic bodies in social security, as is apparent from the amendments made by the Act of the Czech National Council No. 125 / 1990 Coll. and the Act of the Czech National Council No. 210 / 1990 Coll.
THE LAW
Czech National Council on the competence of the institutions of the Czech Republic in social security
The Czech National Council decided on this law:
SOCIAL SECURITY AUTHORITIES AND THEIR TASKS
Social security authorities
(1) The public authorities of the Czech Republic on the social security sector are:
(a) Ministry of Labour and Social Affairs of the Czech Republic,
b) Czech Social Security Administration,
(c) district social security authorities;
(d) national committees;
e) Ministry of Interior of the Czech Republic and Ministry of Justice of the Czech Republic in cases provided for by the Social Security Act .1)
(2) Social security under this Act includes:
(a) sickness insurance and sickness insurance (hereinafter referred to as "sickness insurance"), 2
(b) pension insurance, 3)
(c) social services, 4)
(d) maternity allowance. 5)
Ministry of Labour and Social Affairs of the Czech Republic
(1) Ministry of Labour and Social Affairs of the Czech Republic ("Ministry")
(a) manage and control the performance of public administration in social security;
b) manage the Czech Social Security Administration;
(c) ensure tasks arising from international social security contracts;
(d) ensure tasks related to the further development of social security.
(2) The Ministry establishes, as its bodies, assessment committees which assess the state of health and the working capacity of citizens for the purpose of the review procedure of the administrative judicial and appeal proceedings where the contested decision has been issued on the basis of an opinion of the opinion of the Regional Social Security Administration.
(3) The Minister of Labour and Social Affairs of the Czech Republic can remove the hardness that would arise in the implementation of social security and can entrust social security administrations to remove hardness in individual cases.
Czech Social Security Administration
Czech Social Security Administration
(a) be responsible for the efficient use of the social security funds it manages, in particular in order to ensure the legitimate needs of citizens;
(b) manage and control the activities of district social security administrations;
(c) cooperate with the relevant trade union authorities in carrying out social security tasks;
(d) carry out other tasks provided for by this law.
Regional social security administrations
(1) Regional social security administrations are established for districts which are identical to the territorial districts of the District National Committees.
(2) In the territory of the capital city of Prague, the district social security administration of Prague is responsible for social security.
(3) Regional social security administrations carry out, within their scope, the tasks provided for by this law, unless otherwise generally binding legislation (6) provides that these tasks are carried out by another authority.
(4) The regional social security authorities cooperate with trade unions in the district and in organisations in the performance of social security tasks.
National Committees
(1) National Committees shall provide benefits and services and perform other social welfare tasks unless it is provided in this Act or in the Social Security Act that benefits and services are provided by another body. In doing so, they cooperate with social security administrations.
(2) The national committees shall provide professional assistance to citizens and organisations when providing the social welfare benefits and services referred to in paragraph 1.
(3) The national committees check how citizens and organisations fulfil their obligations under the social welfare rules.
Administrative Commission
(1) Regional National Committees and Regional National Committees (9) establish family and child care committees as the Administrative Commission. Local national committees in central municipalities and municipal national committees may set up family and child care committees as administrative commissions.
(2) The national committees shall elect the chairmen, their representatives, secretaries and other members of the Administrative Commission from among their Members and other citizens. The chairmen of the commissions and their representatives shall be members of the national committees. The Secretaries of these commissions shall be elected from among the experts of the National Committee.
(3) The National Committee shall elect, in particular, the citizens to be appointed by the competent authorities of the social organisations for members of the family and child care committees; the members are also elected by citizens who cooperate in the care of family and children, in particular children, adult and female doctors, teachers, psychologists, professional judges, prosecutors and members of the National Security Corps.
(4) The composition of the Administrative Commission shall be determined by the President of the Commission and, where appropriate, his representative, depending on the nature of the case.
(5) The family and child care committee is able to act and resolve when the President or his representative and at least four other members are present.
(6) The Administrative Commission shall act by a majority of the members present.
(7) Members of the Administrative Commissions of the National Committees and citizens invited to the meetings of the Administrative Commissions are obliged to remain silent about the facts which they have learned in connection with the negotiations.
repealed
SCOPE OF MANAGEMENT OF SOCIAL SECURITY AND NATIONAL SELECTION IN SOCIAL SECURITY
SCOPE OF MANAGEMENT OF SOCIAL SECURITY
Scope of the Czech Social Security Administration
Czech Social Security Administration
(a) decide:
1. the pension benefits, unless the Social Security Act provides for them to be decided by another social security body and provides for the payment of such benefits;
2. Referring to the cases in which the district social security administration decided at first instance,
3. the removal of the hardships that would arise in the implementation of social security, where such decisions have been entrusted to it on a case-by-case basis,
b) divides the vouchers into spa care and controls its provision;
(c) act before a court in proceedings for review of decisions relating to social security;
(d) carry out the tasks arising from international agreements on the payment of social security benefits.
Scope of the district social security administrations
Regional social security administrations
(a) decide:
1. in cases of dispute concerning the creation and termination of sickness insurance and pension insurance;
2. on social income, on its increase for helplessness, on the education to it and on the allowance for education and on their payment;
3. in the cases at issue, the granting or not of sickness insurance benefits, the withdrawal or reduction thereof, the cessation of payment and the granting of such benefits to a lesser extent than required;
4. in cases of dispute concerning the granting or not of the mother's contribution, the withdrawal or reduction of the mother's contribution, the cessation of payment and the granting to a lesser extent than required;
5. on the maternity allowance and payment of self-employed persons and workers of small establishments and non-employed persons;
6. on the refund of the excess payment per sickness benefit and maternity allowance;
7. on voluntary benefits of sickness insurance, including spa care,
8. Insurance premiums and premiums, including penalty payments;
9. After recognition of invalidity or partial invalidity for the cessation of the payment of a sick person in the transition from incapacity to invalidity (partial invalidity) at the initiative of the Medical Advisory Board,
10. the grant of the widower's allowance and arrange for its payment;
11. the provision allowance and its payment,
12. the replacement of income in the military training of self-employed persons and arrange for their payment;
13. on the allowance for the use and payment of the soldier's apartment,
14. About the death of an unemployed pensioner or, where appropriate, of his family member and the child support of a pensioner or spouse, or of another member of the unemployed pensioner's family and arrange for their payment,
15. on the changed working capacity and the changed working capacity with a harder disability, or, where appropriate, that a citizen is not considered to be a changed working capacity if he has not undergone a medical examination or other professional examination and has been brought to the attention of the citizen;
16. on fines and periodic penalty payments for non-compliance with social security obligations of organisations;
17. setting off the entire calendar year until the period of employment before 1 January 1976, provided that a member of the single agricultural cooperative has not completed a specified number of working days or otherwise determined working time,
18. on the supplement to child benefit,
19. Child allowances, if the reason for providing the child's long-term unfavourable health status is:
20. Maternity allowance if the child's long-term adverse health status is justified,
21. The person to whom sickness insurance benefits are to be paid if the payment to the previous beneficiary is not made to the purpose for which they are intended;
(b) manage the implementation of sickness insurance in organisations in which sickness insurance benefits are paid;
(c) control:
1. the implementation and management of sickness insurance in organisations in which sickness insurance benefits are paid;
2. fulfilling the obligations of citizens and social security organisations;
d) propose to the Czech Social Security Administration the calculation of periods of employment and replacement periods in contentious cases;
(e) carry out sickness insurance for self-employed persons and workers of small establishments;
(f) perform the pension management tasks laid down in the implementing regulation;
(g) keep pension records for self-employed persons;
(h) write down applications for pension benefits in cases provided for in social security rules;
i) procure and submit documents for decisions of the Czech Social Security Administration on pension benefits;
(j) keep the necessary statistics and accounting records prescribed in social security;
(k) are responsible, within the scope of their responsibility, for the efficient use of the social security funds with which it manages,
(l) provide citizens and institutions with professional assistance in social security matters,
(m) remove the hardness that would arise in the performance of social security when entrusted to them in individual cases and propose the removal of hardness in other cases;
(n) establish, for the purposes of assessing the health status and working capacity of citizens in social security matters, assessment committees which assess:
1. invalidity or partial invalidity,
2. helplessness,
3. the long-term adverse health status of the child,
4. whether the child is disabled in the long term and requires exceptional care or exceptional care particularly demanding;
5. Whether a citizen can increase his / her standard of living by his / her own work,
6. whether, shortly after the end of the support period, the citizen is likely to regain his / her ability to work, including for another job,
7. Whether it is a citizen with a changed working capacity or a citizen with a changed working capacity with a harder disability,
8. Whether it is a citizen who is severely disabled and the type and degree of disability.
repealed
repealed
repealed
repealed
repealed
SCOPE OF NATIONAL SELECTIONS AT SOCIAL WELFARE
National committees organise and provide social care for citizens with benefits and social services. To this end, in cooperation with national, cooperative and social organisations, they seek out citizens in need of social care.
Family and children care
Scope of local national committees
Local National Committee
(a) decide on educational measures under specific regulations, 23)
(b) carry out supervision of a minor, if he has appointed him;
(c) cooperate and monitor the effectiveness of protective or educational measures imposed by the court or district national committee;
(d) protect children from harmful effects which threaten their proper upbringing;
(e) provide immediate assistance to children in urgent cases;
(f) proposes to the authority responsible for deciding on child allowances to stop the payment of the benefit to the beneficiary, where appropriate, 24)
(g) notify the courts and other national authorities, at their request, of facts relevant to the management and decision-making of children's education and nutrition;
h) announces to the Regional National Committee which families, children and pregnant women must receive and co-operate in the provision of social care;
(ch) notify the authorities which decide on the maternity allowance of matters relevant to the decision on the female entitlement to the maternity allowance;
(i) seeking and recommending to the Regional National Committee citizens who are competent for the adoption, custody and foster care of children and propose to citizens who are competent for the care of children;
(j) organise the upbringing of citizens to marriage and responsible parenting.
Local National Committee in the Centre Municipality and Urban National Committee
(a) decide:
1. on the provision of cash and benefits in kind to dependent children, parents of dependent children and pregnant women,
2. on the provision of cash benefits to parents who are simultaneously born three or more children,
3. on the provision of a allowance for the recreation of children of the pensioner,
(b) carry out the prescribed supervision of a minor;
(c) coordinate the activities of family and child care bodies in its territory, unless it has established a family and child care committee.
The local national committee in the central community and the municipal national committee with its family and child care committee, if established by
(a) decide on educational measures under specific regulations, 23)
(b) coordinate the work of the family and child care authorities in its territory.
(1) The municipal national committee of the first category26) and the municipal national committee of the second category27) decide on the placement of a mother with a child or, where appropriate, pregnant women in a home for mothers with children he manages and on the remuneration for the services provided therein.
(2) The municipal national committee first category26)
(a) the admission of the child to and payment for the services provided by the childcare service he manages,
(b) the provision and payment of care services.
Scope of the regional national committees
(1) National District Committee
(a) decide:
1. in urgent cases, the immediate placement of the child in replacement education replacing the parent's education for a period of time before the court decides, 28)
2. on the granting of nutrition allowance (29) and other special-purpose cash benefits and benefits in kind provided for in the implementing act,
3. on the provision of cash and benefits in kind to dependent children, parents of dependent children and pregnant women,
4. the provision of cash benefits to parents who have simultaneously had three or more children,
5. on the provision of a allowance for the recreation of pensioners' children;
6. on the provision and payment of care services,
7. on the granting of interest-free loans;
8. the placing of a mother with a child or pregnant woman in a home for the mothers with the children she manages and the payment for the services provided therein;
9. Acceptance of a child to and payment for the services provided by the childcare service he manages,
10. concerning further measures under specific regulations, 30)
(b) perform the duties of guardian of minors, 31)
(c) exercise the prescribed supervision of a minor, 32)
(d) monitor the development of children who have been placed in the education of citizens other than parents and co-operate in the organisation of alternative family care for children;
(e) proposes to the court the regulation of constitutional education, 33) the restriction or, where appropriate, the waiver of parental rights 34) and the abolition of constitutional education and educational measures imposed by the court;
(f) ensure that children who have been released from constitutional or protective education, or young persons who have been released from prison, are admitted to school or have been placed in appropriate training for a profession or employment, or, where appropriate, be accommodated,
(g) participate in criminal proceedings against minors, 35)
(h) act on the rearing of difficult-to-raise children and keep records of them;
(ch) report to the court on the facts needed to decide on the education and nutrition of children;
(i) organise and coordinate the upbringing of citizens to marriage and responsible parenting;
(j) provide educational and advisory care to spouses, parents, children and pregnant women in order to address their family and social problems.
(2) The competence referred to in paragraph 1 (a) (3) to (6) and (c) shall be exercised by the district national committee only if, pursuant to Article 15 (b), it is not for the local national committee or under Article 16 (a) and (b) and under Article 18 (2) (b), it is not for the local national committee in the central municipality or the local national committee.
The District National Committee shall cooperate with local national committees, other state bodies, schools, school and health facilities and social organisations in carrying out family and child care tasks.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 4a
§ 5
§ 6
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
HLAVA DRUHÁ
Díl první
§ 14
Díl druhý
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
Díl třetí
§ 27
Díl čtvrtý
§ 28
§ 29
§ 30
§ 31
Díl pátý
§ 32
§ 33
§ 34
§ 35
§ 36
Díl šestý
§ 37
§ 38
§ 39
Díl sedmý
§ 40
§ 41
Díl osmý
§ 42
§ 43
§ 44
Díl devátý
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
ČÁST TŘETÍ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 56a
ČÁST ČTVRTÁ
§ 57
§ 58
§ 59
§ 60
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Regulation Information
| Citation | Full text of Act No. 245 / 1990 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.1990 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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