Act No. 252 / 2021 Coll.
Act amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended
Valid
Law
Effective from 01.01.2022
Text versions:
01.01.2022
30.06.2021
252
THE LAW
of 1 June 2021
amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 329 / 2011 Coll., on the provision of benefits to persons with disabilities and on the amendment of related laws, as amended by Act No. 141 / 2012 Coll., Act No. 331 / 2012 Coll., Act No. 306 / 2013 Coll., Act No. 313 / 2013 Coll., Act No. 329 / 2014 Coll., Act No. 140 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 301 / 2017 Coll. and Act No. 228 / 2019 Coll., is amended as follows:
1. In Paragraph 10 (2), the words "10% of the expected or already paid price of the special aid but at least 'are deleted.
2. In Section 10 (5) of the Introductory Part of the Provisions, the words "unless otherwise specified, 'shall be inserted after the word" vehicles'.
3. In Article 10, the following paragraph 6 is inserted after paragraph 5:
"(6) Where a motor vehicle has been purchased before the application for a special aid allowance was made and the price at which it was purchased was lower than the amount of the special aid allowance determined in accordance with paragraph 5, the Regional Branch of the Labour Office shall determine the amount of the special aid allowance granted for the acquisition of a motor vehicle at the price at which the motor vehicle was purchased. ';
Paragraph 6 shall become paragraph 7.
4. In Article 22, the following paragraph 5 is added:
"(5) An adult may be represented in a claim procedure under this law by a member of the household who is entitled to do so under the Civil Code. '
5. The following Section 24a is inserted after Section 24:
Decision to suspend or renew the payment of the mobility allowance
(1) The decision to suspend or renew the payment of the mobility allowance referred to in Article 15 (4) shall be made only on record and shall be notified in writing to the beneficiary. The decision shall be the first act in the proceedings and shall become enforceable by making an alert on the file.
(2) The decision referred to in paragraph 1 shall be drawn up in writing and notified to the person entitled if he so requests within 15 days of the date on which the written notification referred to in paragraph 1 was received. If the beneficiary does not request a written decision in accordance with the first sentence, the decision of legal authority shall be taken by the futile expiry of that period. ';
6. Paragraph 27 (2) reads as follows:
"(2) The authorised person or other beneficiary of the special aid allowance or, where applicable, the special beneficiary shall:
(a) report in writing to the Regional Branch of the Office of Labour the facts relevant for determining the obligation to return the contribution to a special aid or a proportion thereof pursuant to Article 12 within 8 days of the date of the occurrence of that fact;
(b) at the invitation of the Regional Branch of the Labour Office to demonstrate the facts relevant to the assessment of the obligation to return the contribution to a special aid or a proportion thereof pursuant to Article 12 within 8 days of the date of receipt of the call, unless a longer period is specified in that invitation. If these facts are not demonstrated on the basis of a call, the contribution to the special aid shall be returned; Article 12 (2) to (4) shall be without prejudice to this. ';
7. The first sentence of Paragraph 35 (3) reads: "For the purposes of the procedure for granting entitlement to a person with disabilities, the Regional Branch of the Office of Labour shall request the competent district social security administration to assess the mobility and orientation capacity of the applicant pursuant to Section 34b (1); when deciding on the recognition of a person with disabilities, the Regional Branch of the Labour Office shall base its assessment. ';
8. In Paragraph 35, the sentence "For the purposes of issuing a disability card in accordance with paragraph 6, for applicants who have established a permanent entitlement to it only because of the expiry of its period of validity as authentic instrument in accordance with paragraph 7, the assessment of the district social security administration in accordance with the first sentence shall not be required. ';
9. In Article 35, the following sentence is added at the end of paragraph 5: "Persons older than 18 years of age shall be granted decisions in the cases referred to in Annex 4 to the implementing Regulation (30), (1) (b), (2) (a), (b), (d), (e), (j), (k), (k) and (n), and (3) (a), (b), (e), (j) and (c). This shall not preclude the adoption of a decision without a time limit for other medical conditions listed in Annex 4 to the implementing Regulation (30). ';
Footnote 30 reads:
"30) Decree No. 388 / 2011 Coll., on the implementation of certain provisions of the Law on the provision of benefits to disabled persons, as amended."
10. In Article 35, at the end of paragraph 7, the sentence "The Regional Branch of the Office of Labour 90 days before the end of the validity of a disabled person's licence as a public instrument shall be added in writing and shall inform the holder in writing of the expiry of the disability person's licence."
11. In Part I of the Annex, at the end of point 1, the dot is replaced by a comma and the following point (n) is added:
"(n) severe dementia with a inability to walk and drive if the wheelchair has been prescribed by the competent doctor and approved by the health insurance supervisory doctor, or severe dementia accompanied by severe geriatric fragility syndrome and immobilisation proven by the geriatric examination."
12. In Part I of the Annex, point 5 is replaced by the following:
"(c) autistic disorders with severe functional impairment, with repeated severe and objectively proven signs of autoaggression or heteroaggression remaining despite established treatment."
Transitional provisions
1. The procedure for the contribution to the special aid initiated before the date of entry into force of this Act and until that date the final date shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act.
2. The procedure for granting the licence of a person with disabilities initiated before the date of entry into force of this Act and until that date definitively completed shall be completed in accordance with the rules effective before the date of entry into force of this Act.
Efficacy
This Act shall take effect on 1 January 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 252 / 2021 Coll., amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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