Act No. 306 / 2013 Coll.
Social system card cancellation law
Valid
Law
Effective from 01.11.2013
Contents
306
THE LAW
of 12 September 2013
on the cancellation of the Social Systems Card
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Labour Office of the Czech Republic
Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended by Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 331 / 2012 Coll. and Act No. 401 / 2012 Coll., are amended as follows:
1. In Paragraph 4a (1), the first sentence is replaced by the following: "The Ministry is the administrator of the Single Information System of Labour and Social Affairs, the content of which is the data necessary for the performance of the tasks of the Ministry and the Labour Office in the field of State Social Support, aid in material need, care allowance, benefits for disabled persons, social legal protection of children, state employment policy and protection of employees in the insolvency of employers under other legislation. The single information system for work and social affairs may also be used by the Ministry and the Labour Office to obtain the necessary data referred to in the sentence of the first necessary for the payment and control of the payment of benefits or unemployment benefits, retraining or compensation12). '.
Footnote 12 reads:
"12) § 44b of Act No. 435 / 2004 Coll., as amended."
2. In the third sentence of Paragraph 4a (1), the words "in the previous sentence 'are replaced by the words" in the first and second sentences'.
3. Article 4b is deleted.
Transitional provisions
1. The Social Systems Cards issued before the date of entry into force of this Act shall cease to be valid from the date on which the Regional Branch of the Labour Office of the Czech Republic made a change to the arrangements for payment of benefits, unemployment benefits, retraining or compensation under this Act, but no later than the end of the last day of the sixth calendar month after the date of entry into force of this Act.
2. Cards of social systems with the function of identification of a disabled person issued before the date of entry into force of this Act pursuant to § 1 (2) of Decree No. 424 / 2011 Coll., as amended, shall be deemed to have expired in accordance with point 1 of the Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act.
Amendment of the State Social Support Act
In Article 58 (3) of Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 320 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 377 / 2005 Coll., Act No. 73 / 2011 Coll. and Act No. 366 / 2011 Coll., the first sentence is replaced by the sentence "The benefit is paid in Czech currency by transfer to a payment account designated by the recipient of the benefit or by a postal voucher, as decided by the recipient of the benefit."
footnote 63 is deleted.
Transitional provisions
1. The person who has been issued the Social Systems Card and who is paid the benefit in accordance with § 58 (3) of Act No. 117 / 1995 Coll., as effective by the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic within 1 calendar month of the date of entry into force of this Act to communicate in person or in writing the method of payment of the benefit following the cancellation of the Social Systems Card.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make a change to the method of payment of the benefit no later than 2 months from the date of communication referred to in point 1. The period laid down in Paragraph 58 (3) of Law No 117 / 1995 Coll. does not apply here.
3. If the person does not inform the Regional Branch of the Czech Labour Office of the form of payment of the benefit referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the benefit shall be paid to the account last communicated to the Office of the Czech Labour Office of the Czech Republic by the recipient of the benefit from the date specified by the Regional Office of the Labour Office of the Czech Republic, and, if this is not the case, by postal voucher.
Amendment to the Act on Social Protection for Children
In Article 47t (4) of Act No 359 / 1999 Coll., on Social and Legal Protection of Children, as amended by Act No 401 / 2012 Coll. and Act No 505 / 2012 Coll., the sentences of the First to Third are replaced by the sentence "The benefits of foster care are paid in Czech currency by transfer to a payment account designated by the recipient of the foster care benefit or by a postal voucher, as decided by the recipient of the foster care benefit."
Transitional provisions
1. A person who has been issued a Social System Card and who is paid the benefit in accordance with § 47t (4) of Act No. 359 / 1999 Coll., as effective until the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic within 1 calendar month of the date of entry into force of this Act to communicate in person or in writing the method of payment of the benefit following the cancellation of the Social Systems Card.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make a change to the method of payment of the benefit no later than 2 months from the date of communication referred to in point 1. The deadline set out in § 47t (4) sentence of the last Law No 359 / 1999 Coll. does not apply here.
3. If the person does not inform the Regional Branch of the Czech Labour Office of the form of payment of the benefit referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the benefit shall be paid to the account last communicated to the Office of the Czech Labour Office of the Czech Republic by the recipient of the benefit from the date specified by the Regional Office of the Labour Office of the Czech Republic, and, if this is not the case, by postal voucher.
Amendment to the Employment Act
In Section 53 of Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 367 / 2011 Coll., Act No. 401 / 2012 Coll. and Act No. 505 / 2012 Coll., paragraph 1 reads:
"(1) Unemployment aid, retraining and compensation aid provided for in § 44b shall be paid in Czech currency by transfer to a payment account designated by the recipient of the benefit or by postal order, as determined by the recipient of the benefit. '
footnote 83 is deleted.
Transitional provisions
1. A person who has been issued a Social System Card and who is an unemployment benefit, retraining or compensation aid under Section 44b of Act No. 435 / 2004 Coll. paid in accordance with the first sentence of Paragraph 53 (1) of Act No. 435 / 2004 Coll., as effective until the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic no later than 1 calendar month from the date of entry into force of the Act to communicate the method of payment of the aid or compensation following the cancellation of the Social Systems Card.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make a change to the arrangements for the payment of unemployment benefit, retraining or compensation provided for in § 44b of Act No. 435 / 2004 Coll. no later than 2 months from the date of the communication referred to in point 1.
3. If the person does not inform the Regional Branch of the Czech Labour Office of the form of payment of the aid or compensation referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the aid or compensation shall be paid to the account last communicated to the Labour Office of the Czech Republic by the recipient of the aid or compensation from the date specified by the Regional Office of the Labour Office of the Czech Republic, and shall be paid by postal voucher if this is not the case.
Amendment of the Social Services Act
Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 29 / 2007 Coll., Act No. 213 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 347 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll.
1. In Article 18 (3), the first sentence is replaced by the following: "The allowance shall be paid in Czech currency by a transfer to a payment account designated by the recipient of the contribution referred to in Article 19 or, where applicable, by a special recipient of the contribution, or by a postal voucher, according to the decision of the recipient of the contribution referred to in Article 19 or, where applicable, by a special beneficiary of the contribution referred to in Article 19 or, where applicable, by a special beneficiary of the contribution. 'and in the second sentence, the words" or, where appropriate, by a special beneficiary of the contribution' are inserted after the words ". ';
footnote 53 is deleted.
2. In Paragraph 18 (5) of the part of the sentence behind the semicolon, the words "cash 'are replaced by" postal voucher'.
3. In Paragraph 29 (7), the words "or the use of the payment function of a social system card 'are deleted.
Transitional provisions
1. A person who has been issued a social system card and who is paid the care allowance in accordance with § 18 (3) of Act No. 108 / 2006 Coll., as effective until the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic no later than 1 calendar month from the date of entry into force of this Act to communicate in person or in writing the method of payment of the care allowance following the cancellation of the Social Systems Card.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make an amendment to the payment of the care allowance no later than 2 months after the date of communication referred to in point 1. The period laid down in Paragraph 18 (3) of the Second Law No 108 / 2006 Coll. does not apply here.
3. If the person does not disclose to the Regional Branch of the Czech Labour Office the method of payment of the care allowance referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the care allowance shall be paid to the account last communicated to the Labour Office of the Czech Republic by the recipient of the care allowance referred to in § 19 of Act No. 108 / 2006 Coll., or by a special recipient of that contribution, and if not, it shall be paid by postal voucher.
Change of aid law in material emergency
Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 239 / 2008 Coll., Act No. 259 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 375 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 206 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 366 / 2010 Coll., Act No. 347 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll.
1. Paragraph 43 (4) reads as follows:
"(4) The benefit shall be paid in Czech currency by means of a transfer to a payment account designated by the authorised person, another recipient of the benefit or a special recipient of the benefit, in cash, by means of a voucher for physical assistance in an establishment providing social services, by means of a voucher authorising the purchase of goods at a specified value or by direct payment of amounts to be paid by the recipient of the benefit or by a person jointly assessed in a material emergency. '
footnote 65 is deleted.
2. in Article 43 (5) (a), the words "card payment functions" shall be deleted;
3. In Article 43 (5) (b), the words "card payment function or use 'are deleted.
4. In Article 43 (5) (c), the words "using the card's payment function 'and" using the card' are deleted.
Transitional provisions
1. A person who has been issued a social system card and who is paid the benefit in accordance with § 43 (4) and (5) of Act No. 111 / 2006 Coll., as effective until the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic within 1 calendar month of the date of entry into force of this Act to communicate in person or in writing the method of payment of the benefit following the cancellation of the social systems card.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make a change to the method of payment of the benefit no later than 2 months from the date of communication referred to in point 1.
3. If the person does not inform the Regional Branch of the Czech Labour Office of the form of payment of the benefit referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the benefit shall be paid to the account last communicated to the Labour Office of the Czech Republic by an authorised person, another recipient of the benefit or a special recipient of the benefit, and, if this is not the case, it shall be paid by postal voucher.
Amendment of the law on the provision of benefits to persons with disabilities
Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended by Act No. 141 / 2012 Coll. and Act No. 331 / 2012 Coll., is amended as follows:
1. Paragraph 19 (3) reads as follows:
"(3) Benefits shall be paid in Czech currency by transfer to a payment account designated by the recipient of the benefit referred to in § 20 (1) and (2) or, as the case may be, by a special recipient of the benefit, or by a postal voucher, according to the decision of the recipient of the benefit referred to in § 20 (1) and (2) or, as the case may be, the special recipient of the benefit. Where the beneficiary of the mobility allowance referred to in Article 20 (1) and (2) or, as the case may be, the specific recipient of the mobility allowance requests a change in the payment arrangements of that benefit, the Regional Branch of the Labour Office shall make a change to the payment arrangements from the calendar month following the calendar month in which the application was received. ';
footnote 12 is deleted.
2. Paragraph 34 (1) reads as follows:
"(1) Persons who have been granted a care allowance under the Social Services Act and those who have been granted a mobility allowance shall be issued by the Regional Branch of the Office of Labour by a card of a person with a severe disability (TP card) or a card of a person with a particularly severe disability (ZTP card) or by a person with a particularly severe disability with a need for a guide (ZTP / P card). The card given in the first sentence shall be a authentic instrument. ';
3. The following Section 34a is inserted after Section 34:
(1) The disability card referred to in Article 34 (1) contains:
(a) the name and, where applicable, the names and surnames,
(b) the birth number or date of birth for persons not assigned the birth number;
(c) a photograph of the licence holder,
(d) the signature of the licence holder; the signature of the licence holder is not required if its action is associated with a difficult to overcome obstacle;
(e) the date of issue of the licence;
(f) the identification of the issuing authority;
(g) the period of validity of the licence;
(h) an indication of the type of licence of a person with disabilities, accompanied, where appropriate, by a symbol of the designation of a person with complete or practical deafness, or of a person with deafness, or of a person completely or practically blind;
(i) protective features.
(2) The licence of a disabled person expires
(a) by the end of the period indicated thereon,
(b) a declaration of loss or theft; or
(c) the death of the holder of the licence or the declaration of the holder of the licence as dead.
(3) The holder of a disabled person's licence shall report in writing within 8 days to the Regional Branch of the Office of Labour which issued the licence, its loss, theft, damage or destruction, or, where appropriate, the change of the information on the licence. Upon notification, the Regional Branch of the Labour Office shall issue a new ID of the disabled. The period of validity of the new licence thus issued is the same as that of the replaced licence; the medical condition is not re-assessed for the purpose of issuing this licence.
(4) Anyone who finds or holds a disability card of a deceased or declared dead person shall be obliged to surrender it immediately to any regional branch of the Labour Office. The licence holder of a disabled person who has reported the loss of his licence shall also have the same obligation if the licence is found or otherwise recovered. Upon receipt of a new disability card, the holder shall be obliged to surrender the existing relocated or otherwise acquired disability card to the relevant Regional Branch of the Labour Office. The Regional Branch of the Office of Labour, which is to be handed over a licence under the first to third sentences, is required to hand over a licence to the Regional Branch of the Labour Office which issued it.
(5) The holder of a disabled person's licence shall also be obliged to hand over this card to the relevant Regional Branch of the Labour Office where a new disability card is issued under this law.
(6) Pending the issue of the disability card referred to in paragraph 1, the Regional Branch of the Office of Labour shall issue a temporary disability card in the form laid down in the Decree. This card shall be identical in substance to the card referred to in paragraph 1. The period of validity of a person with disabilities thus issued may not exceed 31 December 2015.
(7) The Ministry shall, by decree, establish the model and method of carrying out the identification of the disabled person in accordance with paragraphs 1 and 6 and the symbols of the person with complete or practical deafness or deaf-blind persons or persons completely or practically blind. ';
4. Paragraph 38 (15) is deleted.
Paragraph 16 shall become paragraph 15.
Transitional provisions
1. A person who has been issued a Social System Card and who is paid the benefit in accordance with § 19 (3) of Act No. 329 / 2011 Coll., as effective until the date of entry into force of this Act, will be invited in writing by the Regional Office of the Labour Office of the Czech Republic no later than 1 calendar month from the date of entry into force of this Act to communicate in person or in writing the method of payment of the benefit following the cancellation of the Social Systems Card. In the event that a social system card according to the first sentence has been issued with the function of a person with disabilities card, the written notice shall also include information that the person with disabilities card will be issued in connection with the cancellation of the social systems card under Section 34a (6) of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act; Similarly, when a social system card with the function of a disabled person's licence has been issued in connection with the granting of a care allowance pursuant to Section 34 (1) of Act No. 329 / 2011 Coll., as effective by the date of entry into force of this Act, it shall be treated in a similar manner.
2. The Regional Branch of the Labour Office of the Czech Republic is obliged to make a change to the method of payment of the benefit no later than 2 months from the date of communication referred to in point 1. Within the same time limit, the Regional Branch of the Czech Labour Office is required to have a new card of a disabled person ready to take over in accordance with point 1. The period referred to in Paragraph 19 (3) of the Second Law No. 329 / 2011 Coll. does not apply here.
3. If the person does not inform the Regional Branch of the Czech Labour Office of the form of payment of the benefit referred to in point 1 within 3 calendar months of the date of entry into force of this Act, the benefit shall be paid to the account last communicated to the Office of the Czech Labour Office by the recipient of the benefit referred to in § 20 (1) and (2) of Act No. 329 / 2011 Coll., or by a special recipient of the benefit, and if not such an account shall be paid by postal order. In the case referred to in the first sentence, the Regional Branch of the Labour Office of the Czech Republic is required to have a new licence of a disabled person ready to take over in accordance with point 1 on the day on which he made a change in the way the benefit is paid.
4. Cards of social systems with the function of identification of a disabled person issued before the date of entry into force of this Act shall cease to be valid from the date on which the Regional Branch of the Labour Office of the Czech Republic made a change to the payment of benefits under this Act, but no later than the end of the last day of the sixth calendar month after the date of entry into force of this Act. Cards of social systems with the function of identification of a disabled person issued before the date of entry into force of this Act pursuant to § 1 (2) of Decree No. 424 / 2011 Coll., as amended, shall be deemed to have expired in accordance with the sentence of the first sentence, in accordance with Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, and shall be valid for the period indicated therein. However, the period of validity of a licence issued in the period specified in the second sentence shall also end in the death of the licence holder or in the declaration of the certificate holder as dead. If the licence issued in accordance with the second sentence is lost or stolen, the temporary licence of a disabled person under Section 34a (6) of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, shall be issued to the holder of the licence with a period of validity identical to that indicated in the replaced licence, but no later than 31 December 2015; the medical condition is not re-assessed for the purpose of issuing this temporary licence.
5. The period of validity of the extraordinary benefit certificate expires within the period mentioned in § 38 (7) of Act No. 329 / 2011 Coll. The period of validity of an emergency certificate before the expiry of the period specified in the first sentence shall also end in the death of the licence holder or in the declaration of the death certificate holder. If an emergency certificate is lost or stolen with the term of validity in accordance with the first sentence, the temporary licence of a person with disabilities under Section 34a (6) of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, shall be issued to the acceding holder of that licence, with a period of validity identical to that indicated in the replaced licence, but no later than 31 December 2015; the medical condition is not re-assessed for the purpose of issuing this temporary licence.
Amendment of the Administrative Charges Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No No. 2011, No. 2011, Act No. 2011, No.
1. in Paragraph 8 (2) (a), the words "with the exception of a fee and with the exception of a fee" shall be replaced by the words "with the exception of a fee for the issue or exchange of a disabled person's card and with the exception of a fee."
2. In the Annex, under heading 9 (a), the words "certificates of emergency to citizens with severe disabilities' are replaced by the words" licences of persons with disabilities'.
Amendment to Act No. 366 / 2011 Coll.
Act No. 366 / 2011 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on social services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws shall be amended as follows:
1. in Article II, point 6 is deleted;
2. in Article IV, point 6 is deleted;
3. in Article VI, point 8 is deleted;
Points 9 and 10 shall be renumbered 8 and 9.
Amendment to Act No. 367 / 2011 Coll.
In Article II of Act No. 367 / 2011 Coll., amending Act No. 435 / 2004 Coll., on Employment, as amended, and other related acts, point 2 is deleted.
Points 3 to 16 shall become points 2 to 15.
REPEAL PROVISIONS
The following shall be deleted:
1. Decree No. 424 / 2011 Coll., on the template, requirements and execution of the Social Systems Card, the template, the requirements and the execution of the certificate of loss, theft, damage or destruction of the Social Systems Card and the model of the Standardised Record of Social Workers.
2. Decree No. 203 / 2012 Coll., amending Decree No. 424 / 2011 Coll., on the template, formalities and execution of the Social Systems Card, the template, the elements and the execution of the certificate of loss, theft, damage or destruction of the Social Systems Card and the model of the Standardised Record of the Social Officer.
3. Decree No. 471 / 2012 Coll., amending Decree No. 424 / 2011 Coll., on the template, formalities and execution of the Social Systems Card, the template, the elements and the execution of the certificate of loss, theft, damage or destruction of the Social Systems Card and the model of the Standardised Record of Social Workers, as amended by Decree No. 203 / 2012 Coll.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Zeman v. r.
Rusnok v. r.
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Regulation Information
| Citation | Act No. 306 / 2013 Coll., on the cancellation of the Social Systems Card |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.10.2013 |
|---|---|
| Effective from | 01.11.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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