Act No. 271 / 2001 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws
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Law
Effective from 01.10.2001
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271
THE LAW
of 10 July 2001
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. is amended as follows:
1. In Paragraph 3 (1), the following sentence is added at the end: "The condition of the expiry of 365 days from the date of notification shall not be examined for children of foreigners declared to reside in the Czech Republic and born in the Czech Republic within one year of their age."
2. In Article 3 (3), the words "(hereinafter referred to as the" Regional Authority ") 'shall be inserted after the words" Authority of the Region of Delegated Jurisdiction'.
3. in Article 5 (1) (a), the following shall be added at the end of point 1: "except for the amount which is considered to be income on account of the free use of a motor vehicle for service and private purposes under Section 6 (6) of the Income Tax Act,"
4. in Article 5 (1) (a), point 3 shall be deleted;
Points 4 and 5 shall become points 3 and 4.
5. in Article 5 (1) (a), "after deduction and" is replaced by "and after deduction."
6. in Article 5 (1) (b), including footnotes (3a) to (3c):
"(b) income which is subject to and exempt from the income tax of natural persons,
1. income referred to in § 4 (1) (e), (ch), (zb) and (zf) of the Income Tax Act,
2. the revenue referred to in Article 4 (1) (k) of the Income Tax Act, if the grants are from the state budget and from public higher education funds and similar transactions provided from abroad,
3. the revenue referred to in Article 4 (1) (m) of the Income Tax Act, in respect of the service, representation and additional charges due for the service or training under difficult conditions or under difficult and harmful conditions under special legislation, 3a)
4. revenue referred to in Section 4 (1) (o) of the Income Tax Act, in respect of the monthly housing allowance, the service allowance, the severance allowance, the salary compensation and the service allowance due under the special legislation, 3b)
5. income referred to in § 4 (1) (p) of the Income Tax Act, if it is a service charge and a surcharge for work in difficult conditions or in a medical environment under special legislation, 3c)
6. income referred to in Section 4 (1) (r) of the Income Tax Act, with the exception of income from the transfer of shareholdings in companies;
7. income referred to in § 6 (9) (k), (m), (o), (s) and (u) of the Income Tax Act,
After deduction of expenditure incurred in achieving, securing and maintaining them and other expenditure deducted from such revenue under the Income Tax Act, which is to be determined for this purpose by analogy with such expenditure for determining the taxable base under the Income Tax Act,
3a) § 76 to 81 of Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve.
3b) § 61 (3), § 132, 138 and 140 of Act No. 221 / 1999 Coll., on professional soldiers. § 114 to 116 of Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended. § 116, 117 and 119 of Act No. 154 / 1994 Coll., on the Security Information Service, as amended by Act No. 160 / 1995 Coll.
3c) § 7 of Act No. 18 / 1992 Coll., on Civil Service. '
7. in Article 5 (1), the dot after point (g) is replaced by a comma and the following point (h) is added:
"(h) wage entitlements under the Employee's Insolvency and Amendment Act, 4a) to the extent that the Employee has not charged them to the Employee.
4a) Act No. 118 / 2000 Coll., on the protection of employees in the insolvency of employers and on the amendment of certain laws. '.
8. In Article 5 (2), the following sentence is inserted after the first sentence: "Where, from the benefits of State social aid attributable to the relevant income [paragraph 1 (f) and (g)], the beneficiary or the jointly assessed person pays the excess levy (Paragraph 62) or pays the amounts which were granted to him on those benefits unjustly or because the benefit was granted at an incorrect rate, the income shall be reduced by the amount of such remuneration during the period in question in which such reimbursement took place. In determining the relevant income referred to in paragraphs 5 and 6, the amount corresponding to at least the minimum living amount shall be counted as the relevant income even after the reduction in income referred to in the sentence of the second sentence. ';
9. In the fifth sentence of Paragraph 5 (2), the word "second 'is replaced by the word" fourth'.
10. in § 5 (3) (b), "§ 4 (1) (b), (e), (ch), (k), (m) to (r), (v), (w) and (z)" shall be replaced by "points 1 to 6."
11. in Article 5 (3) (e), "and (g)" shall be replaced by "to (h)";
12. In Article 5 (4) (a), the words "and if it concerns wage claims under the Employee's Insolvency Act and amending certain laws in the calendar quarter in which they were paid," shall be deleted.
13. in Article 5 (4) (b), "3 to 5" is replaced by "3 and 4."
14. in Article 5 (4) (c), "§ 4 (1) (b), (e), (ch), (k), (m) to (r), (v), (w) and (z)" shall be replaced by "in point 1, with the exception of the income referred to in § 4 (1) (e) of the Income Tax Act, and in points 2 to 6" and "and (g)" shall be replaced by "to (h)."
15. in Article 5 (5) (b), the words "and 15" shall be deleted;
16. In Article 5, the following sentence is added at the end of paragraph 5: "Similarly, if a person has the income referred to in Article 4 (1) (e) of the Income Tax Act, it shall be followed."
17. the following sentence shall be added at the end of Paragraph 5 (6): "The preceding sentence shall apply mutatis mutandis if the person has the income referred to in Section 4 (1) (e) of the Income Tax Act. In determining the relevant income according to the first sentence, the increase or reduction in income tax referred to in paragraph 2 of the fourth sentence shall not be taken into account. ';
18. in Article 6 (b), the word "benefits" is replaced by the words "the payment of the benefit proves or is entitled to benefit."
19. in Article 12 (1) (a) (1), the word "(replacement)" shall be replaced by "or" replacement "and the words" members of the armed forces "shall be deleted;
20. in Article 12 (1) (a) (2), the words "if at the time of such studies" are replaced by the words "if at the time of such studies they are entitled to receive."
21. In Article 12 (3), the words "also consider the content of a comprehensive part of higher education and the postgraduate study of graduates of higher education (43)" shall be replaced by the words "for the purposes of this Act, consider the study in the Bachelor's, Master's and doctoral programmes (43)."
Footnote 43) reads as follows:
"43) § 45 to 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education)."
22. in Paragraph 13 (2) (c), the words "if the child does not pursue a gainful activity for a full calendar month under Section 10, nor does he receive the physical security of jobseekers, unless he is a university student; This is not the case if the last year of study was during the course of the military basic (replacement) service or the duration of the service. (46)" shall be replaced by "unless otherwise specified."
23. the following paragraph 3 is added to Paragraph 13, including footnote 46:
"(3) The period of school holidays referred to in point (c) of paragraph 2 cannot be considered as a continuous preparation of a child for a future high school profession if:
(a) the child has been gainful throughout the calendar month referred to in Article 10;
(b) the child has been entitled throughout the calendar month to the physical security of the jobseekers;
(c) the gainful activity referred to in (a) and the entitlement to the physical security of the jobseekers referred to in (b) shall be linked during the calendar month in such a way as to last for the whole calendar month;
(d) the last year of study was during the course of a military basic or replacement service or during the period of service. 46)
The restrictions referred to in points (a) to (c) shall not apply if the child has become a university student in the calendar year in which he has completed his continuous training in a secondary school.
46) For example, Act No. 221 / 1999 Coll., as amended by Act No. 155 / 2000 Coll., Act No. 186 / 1992 Coll., as amended. '
24. in Article 14 (2) (b), the word "duly 10a" shall be inserted after the word "end."
Footnote 10a) reads as follows:
"10a) § 55 of Act No. 111 / 1998 Coll. '.
25. in Paragraph 14 (2) (b), the word 'does not' shall be replaced by 'is not entitled to benefit throughout the calendar month';
26. In Paragraph 16 (2), the words "not to receive 'are replaced by the words" not to be entitled'.
27. in Article 20 (2), the words "or if more than one person fulfils the conditions for entitlement to a social benefit due to the care of the same child" shall be inserted after the words "more persons."
28. In Article 24 (1), the words "(living rooms) 'are deleted and the following sentence shall be added at the end, including footnote 47a:" The tenant of the living room in the premises for permanent residence under a special legislation shall also be regarded as the tenant of the apartment. 47a)
47a) § 717 of the Civil Code. '.
29. In Paragraph 24, the following sentence is added at the end of paragraph 2, including footnote 47b: "Both spouses shall be considered to be tenants of the flat if they are joint tenants of the spouse's apartment under a special legislation. 47b)
47b) § 703 of the Civil Code. '
30. In Article 24, the following paragraph 4 is added:
"(4) If the beneficiary who is declared permanent residence in the apartment changes that residence during the calendar month, that change shall be taken into account for the purposes of the housing allowance only from the following calendar month. This shall also apply if a person jointly assessed who is declared to be resident in an apartment changes that residence during a calendar month or becomes the owner or tenant of that apartment. '
(31) In Paragraph 28 (4), the following sentence shall be added at the end of the sentence, including footnotes 47c to 47e: "The daily commute is not the case if the child has been assigned (agreed) accommodation in a boarding house or in a youth home under special legislation 47c) or in another establishment for the accommodation of students under special legislation. 47d) For the purposes of this Act, the Centre for Practical Teaching and Practical Teaching shall also be considered as part of the School under a special legislation. 47e)
47c) § 22 of Act No. 76 / 1978 Coll., on School Institutions, as amended by Act No. 390 / 1991 Coll. § 45 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll.
47d) Act No. 111 / 1998 Coll., as amended.
47e) § 9a et seq. of Act No. 29 / 1984 Coll., as amended. '
32. in Paragraph 29, the words "the measure published in the Collection of Laws 15)" shall be replaced by "the Decree."
The footnote reference, including footnote 15, is deleted.
33. in Paragraph 30 (3), the word "amount" is replaced by "1.5 times the amount."
34. in Article 30 (4) (a), "amount" is replaced by "1,5 times the amount."
35. in Paragraph 30 (4) (b), "amount" is replaced by "1,5 times the amount."
36. in Article 30 (7) (a), "three calendar days" is replaced by "five calendar days";
37. in Paragraph 30 (7) (b):
"(b) the child regularly visits a rehab facility or special maternity school or nursery with a focus on visual, hearing, speech, and children physically disabled and mentally retarded in a range of not more than four hours a day,"
38. In Paragraph 30 (8), the words "was the amount 'are replaced by the words" was 1,5 times the amount'.
39. in Article 33 (1), the word "(replacement)" shall be replaced by "or" replacement "and the words" or in the Castle Guard "shall be inserted after the word" Republic ";
40. Paragraph 33 (2) reads:
"(2) Paragraph 1 shall apply mutatis mutandis to entitlement to the provision allowance if a woman is serving. ';
41.Paragraph 37 (4) reads as follows:
"(4) The allowance for the reimbursement of the child's needs shall not be granted for the period during which the child is in full direct custody of the institution (establishment) for the care of children or youth (§ 7 (4), second sentence) or under the care of another person, on the basis of a decision by the competent authority to give custody to the parent (§ 7 (12)). '
42. in Paragraph 40, the following paragraph 4 is added:
"(4) The remuneration shall not be paid to the foster parent if the child who has been entrusted to him is in full direct custody of the institution (establishment) for the care of children or young people (§ 7 (4), second sentence) or in the care of another person on the basis of a decision by the competent authority to entrust the child to the care of the parent (§ 7 (12)). '
43. In Paragraph 41 (1), the words "(f)" shall be inserted after the words "12."
44. in Paragraph 46 (1), "4.00" is replaced by "5.00," "5.00" by "6.00" and "9.00" by "10.00."
45. In Paragraph 47, the words "funeral notice 'are replaced by the words" burial in accordance with special legislation 48a)'.
Footnote 48a) reads as follows:
"48a) Act No. 256 / 2001 Coll., on burial and on the amendment of certain laws."
46.
The entitlement to the payment of the benefit is subject to the written consent of the authorised person and to the persons examined together with him (§ 7) with the fact that the state authorities and other legal persons and natural persons communicate to the district office, the competent regional office and the Ministry of Labour and Social Affairs, if they decide on the benefit, pay it or check it, the amount of the income of those persons, the facts demonstrating the insecurity of the child, the unfavourable state of health, the registration data for permanent residence and other data constituting the requirements of the application under § 68, to the extent necessary for the decision on the benefit, its amount and payment. If an uninsured child was entitled to a benefit before the completion of his or her maturity, he or she shall be entitled to payment of the benefit after the completion of his or her maturity, provided that such child gives his or her written consent in accordance with the first sentence. The second sentence shall apply mutatis mutandis to the entitlement to the parental allowance of the parent after 16 years. '.
47. in Paragraph 51 (3), the words "one of the benefits referred to in paragraphs 1 and 2" shall be replaced by the words "a levy under this law."
48. in Paragraph 54 (2):
"(2) Entitlement to pay a benefit or part thereof, if it is a benefit referred to in Articles 2 (a) and 2 (b) (1) and (2) and 36 (a) and (b), shall expire one year after the date on which the benefit or part thereof belongs; This does not apply if the case is referred to in § 53 (1). ';
49. In Article 54 (3), the words "referred to in § 2 (b) (4) and (5) and § 36 (c) and (d) shall be inserted after the word" batch. "
50. in Paragraph 54 (3) (e), the words "funeral proceedings" shall be replaced by the words "burial under special legislation 48a)."
51. the following shall be added at the end of Paragraph 54 (4), including footnote 48 (b): "or where entitlement to the parental allowance of a convicted woman is concerned for the period during which she takes care of the child on the basis of an authorisation given to her on request to carry her or her child in the execution of the sentence under the special legislature48b)
48b) § 67 of Act No. 169 / 1999 Coll., on the execution of a prison sentence and on the amendment of certain related laws. '
52. Paragraph 59 (1) reads as follows:
"(1) The recipient of the benefit shall be the beneficiary. Instead of an authorised person, the recipient of the benefit
(a) the legal representative of the authorised person, except in the cases referred to in (b) to (d);
(b) another person to whom the minor entitled person has been placed in custody by decision of the competent authority, except in the cases referred to in (c) and (d);
(c) a person who has a minor entitled under direct arrangements, if the payment of the benefit referred to in Articles 19 (2), 28 (6) or 35 is not the case referred to in (d),
(d) the institution (s) for the care of children or youth, if the minor is in full direct custody of the institution (s). "
53. In Article 59 (2), the words "instead of the recipients of the benefit referred to in paragraph 1 'shall be inserted after the words" the Office'.
54. In Paragraph 59 (3), the words "Legal representative, other person or, where appropriate, legal person to whom the benefit is paid under this law," shall be replaced by the words "Persons and institutions (institutions) referred to in paragraph 1 (a) to (d)."
55. In Title Two, at the end of the title of Part One, the words ", the recipient of the benefit and the persons jointly assessed 'are added.
56. In Article 61 (2), the words "or the Regional Office 'shall be inserted after the words" or the Regional Office'; the words "or the Regional Office 'shall be inserted after the words" if the beneficiary has been notified of this result' shall be replaced by the words "the levy may be withdrawn or withheld if the beneficiary has been clearly notified of that result in the invitation '.
57. In Paragraph 61, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Person jointly assessed is required in connection with a benefit procedure
(a) certify the facts relevant to entitlement to the benefit, its amount or payment;
(b) report in writing to the district office changes in the facts certified under (a);
(c) to grant written consent pursuant to Paragraph 50.
(4) The person jointly assessed shall comply with the obligations referred to in paragraph 3 (a) and (c) at the request of the authorised person. Where a jointly assessed person refuses to fulfil the obligations referred to in paragraph 3 (a) and (c), the district office shall be obliged to invite the jointly assessed person to fulfil those obligations within eight days of the date of the invitation; the district office may agree a period of more than eight days with the person jointly assessed to fulfil those obligations. The obligation imposed by paragraph 3 (b) shall be fulfilled by the person jointly assessed within eight days of the date on which the change of facts occurred. ';
Paragraph 3 shall become paragraph 5.
58. In Article 61 (5), the words "or the regional authority 'shall be inserted after the words" or the regional authority'; the words "by that authority 'shall be replaced by the words" by the authority which imposed that obligation' and the words "stopped 'shall be inserted after the word" or the levy may be withdrawn'.
59. In Paragraph 61, the following paragraph 6 is added:
"(6) The County Office which decides on the levy or pays it, or the Regional Office may impose a fine of up to CZK 10,000 on the person assessed jointly for infringement of the obligations referred to in paragraphs 3 to 5. A fine may not be imposed if the person jointly assessed for failure to comply with those obligations has been obliged to replace the excess levy pursuant to § 62 (2) and (3). Paragraph 65 (6) of the first sentence shall apply mutatis mutandis to the collection and recovery of overpayment. '
(60) Paragraph 62, including footnotes 48c) and 48d) shall read as follows:
(1) The recipient of a benefit who has failed to fulfil an obligation imposed on him or has accepted a benefit or part of it, although he had to assume that it had been paid unjustly or at a higher amount than it was due, or otherwise caused the benefit to be paid unjustly or incorrectly, is obliged to repay the amounts wrongly received.
(2) Where a person with a beneficiary who has been jointly assessed has caused the benefit to be paid unjustly or in an incorrect amount and, as a result, an excess levy has been incurred, that person shall be obliged to replace it.
(3) Where the person entitled and the person assessed together with him has caused the excess charge, they shall be jointly and severally liable for the refund of the excess charge. The authorised person and the person jointly assessed with it shall deal with each other on the basis of the level of blame. Dispute settlement between such persons shall be decided by the courts. 48c) According to that provision, the case referred to in Paragraph 63a (2) shall be referred to.
(4) The right to reimbursement of the benefit granted unjustly or incorrectly expires three years after the date on which the benefit was paid. The three-year period shall not elapse during the appeal procedure, during the procedure and the enforcement of the decision, or where deductions from the levy or income are made for the payment of the overpayment, or where instalments are paid on the basis of a debt recognition agreement. The period referred to in Paragraph 42 (4) shall apply to the repayment of the proportional part of the contribution to the purchase of a motor vehicle.
(5) There is no obligation to refund the excess if this excess does not exceed CZK 100 for one type of benefit.
(6) The obligation to return the benefit or part thereof referred to in paragraphs 1 to 3 shall be decided by the district office which pays the benefit or last paid it. Amounts wrongly received may also be deducted from the benefit normally paid or later granted, even if it is a benefit other than that for which the excess has been paid; in so doing, the provisions on the enforcement of judgments shall apply mutatis mutandis by means of a salary reduction. 48d)
48c) § 9 (2) (k) of the Civil Code.
48d) Sections 299 and 317 of the Civil Code. '
61. The second title of the second part of Title II reads: "Obligations of state authorities and others'.
62. In Article 63 (1), the words "other than recipients of benefits, authorised persons and persons jointly assessed (§ 61) '," or the words' or the competent authority of the county or at the request of the applicant for the benefit 'are replaced by the words' at the request of the regional authority or at the request of the applicant for the benefit and persons jointly assessed 'and the words' the regional authority 'are replaced by the words' the regional authority '.
63.In Article 63 (2), "other legal and natural persons may, in accordance with paragraph 1," be replaced by "and the persons referred to in paragraph 1 may."
64.Paragraph 63 (3) reads as follows:
"(3) The Ministry of Labour and Social Affairs is in charge of an information system on the benefits and amounts of State social assistance, the beneficiaries of these benefits and the applicants for such benefits and persons jointly assessed with them. The information from this information system shall be communicated to the district authorities and regional authorities in connection with the procedure for State social aid benefits, to the extent necessary for the implementation of State social aid. State authorities and other legal and natural persons shall be required to provide the Ministry of Labour and Social Affairs with data from their information systems when the data necessary for the management of the Information System on State Social Support Benefits are concerned, in the manner and within the deadlines specified by the Ministry of Labour and Social Affairs. Regional authorities and regional authorities shall be entitled to process the data necessary to decide on the benefits of State social assistance and their payment, including personal data, in electronic form in a way that allows remote access. ';
65.Paragraph 63 (4) and (5), which, including footnote 19a), shall read as follows:
"(4) The Ministry of Interior provides the Ministry of Labour and Social Affairs, the Regional Office and the Regional Office for State Social Support from the Information System of the Population of 19a) with the following information:
(a) the name, surname or, where appropriate, their change, surname;
(b) the date of birth;
(c) sex and its change;
(d) the municipality and district of birth; for a citizen born abroad, only the State of birth,
(e) birth number,
(f) citizenship;
(g) the address of the place of permanent residence, including previous addresses of the place of permanent residence;
(h) the beginning of the permanent residence or, where applicable, the date of cancellation of the place of permanent residence;
(i) depriving or restricting legal capacity;
(j) a residence permit and its duration;
(k) the birth number of the father, mother or other legal representative, as appropriate; where one of the parents does not have a birth number, the date of birth shall be indicated;
(l) the spouse's birth number or the spouse's name and surname, if the spouse is a stranger who is not assigned a birth number,
(m) the birth number of the child,
(n) date, place and district of death; in a citizen who died abroad, only the State of death,
(o) adoption of the child.
(5) The information referred to in paragraph 4 is provided by the Ministry of the Interior in electronic form in a way that allows remote access.
19a) § 3 (2) of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents). '
66. After Paragraph 63, the following Section 63a is inserted:
Liability of other natural or legal persons
(1) If another natural or legal person (Paragraph 63 (1)) has not submitted, at the request of the District Office or the Regional Office, the information required for entitlement to the benefit, its amount or payment, or if the information has been incorrect, and as a result there has been a levy overcharge, other natural or legal persons shall be obliged to replace it. Paragraph 62 (4), (5) and (6) of the first sentence shall apply mutatis mutandis.
(2) If the excess levy is caused by the persons referred to in paragraph 1 and by the persons referred to in Paragraph 61, the district office which paid the levy shall be responsible for the recovery of the excess levy jointly and severally. Paragraph 62 (3), second and third sentences, and paragraphs 4 and 5 shall apply mutatis mutandis. ';
67. In Paragraph 64 (1), the word "county" shall be replaced by the words "regional authority."
68. In Article 64 (3) (a), the following words shall be added at the end of Article 64 (3) (a), including footnote 49 (a): "to municipalities, district offices and regional authorities and to the Office for International Law Protection for Children, 49a) to municipalities, district offices and regional authorities, the information necessary for deciding on social welfare benefits;
49a) Act No. 359 / 1999 Coll., on Social Protection of Children, as amended. '
69. In Paragraph 64 (4), the words "the authority of the Region of Delegated Jurisdiction 'are replaced by the words" the Regional Authority'.
70. In Article 64 (5), the words "regional authority 'are replaced by the words" regional authority';
71. in Article 64 (6), the words "the authority of the Region of Delegated Jurisdiction" shall be replaced by "the Regional Authority."
72.In Paragraph 65 (1), the words "Authority of the Region of Delegated Jurisdiction 'are replaced by the words" Regional Authority';
73.In Article 65 (4), the words "the authority of the Region of Delegated Jurisdiction" are replaced by the words "the competent regional authority."
74. in Article 65 (5), the words "the regional authority 'are replaced by the words" the regional authority';
75. The second sentence of Paragraph 65 (6) reads: "The proceeds of fines imposed by the competent regional office are the income of the county budget, the proceeds of fines imposed by the competent county office are the income of the state budget of the Czech Republic."
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Regulation Information
| Citation | Act No. 271 / 2001 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2001 |
|---|---|
| Effective from | 01.10.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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