Act No. 313 / 2013 Coll.
Act amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws
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Effective from 01.01.2014
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01.01.2014
04.10.2013
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313
THE LAW
of 12 September 2013
amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
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 Section 1, the following paragraph 3 is added:
"(3) This law applies to legal relationships which are not covered directly by the applicable European Union54).
54) Regulation (EC) No 883 / 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended. Regulation (EC) No 987 / 2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883 / 2004 on the coordination of social security systems, as amended. Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union. '.
2. Paragraph 4, including the title and footnotes Nos 2 to 7 and 48 and 49, reads as follows:
Heading of beneficiaries
(1) Entitlement to the care allowance shall be subject to the conditions laid down in this Act,
(a) a person who is declared for permanent residence in the territory of the Czech Republic under special legislation (2), if he is a national of the Czech Republic,
(b) a foreigner who resides on the territory of the Czech Republic under special legislation (3);
(c) an alien who holds a permanent residence permit with a long-term resident in the European Union in the territory of another Member State of the European Union, provided that he has been granted a long-term residence permit in the territory of the Czech Republic under special legislation (4);
(d) a member of the family of the person referred to in point (a), provided that he has been granted a temporary residence permit in the territory of the Czech Republic under special legislation (3);
(e) a family member of the person referred to in point (b), provided that he has been granted a long-term residence permit in the Czech Republic under special legislation (3);
(f) a stranger who has been granted a long-term residence permit in the Czech Republic for the purpose of scientific research under a special legislature5),
(g) a person who has been granted international protection in the form of additional protection under a special legislature6);
(h) a stranger who has been granted a long-term residence permit in the Czech Republic for the purpose of carrying out a job requiring a high qualification under a special legislation (7);
(i) an alien without permanent residence in the territory of the Czech Republic, to whom this entitlement is guaranteed by an international treaty which is part of the legal order of the Czech Republic,
(j) the person entitled under directly applicable European Union54),
and, where he resides in the territory of the Czech Republic, with the exception of the persons referred to in point (j); as regards residence, the Act on assistance in material emergency 49).
(2) Social services are provided, subject to the conditions laid down in this Act,
(a) the persons referred to in paragraph 1; the condition of residence in the Czech Republic shall not apply;
(b) a citizen of a Member State of the European Union, if he has been declared on the territory of the Czech Republic for a period of more than 3 months under special legislation (3);
(c) a family member of a citizen of a Member State of the European Union, if he has been declared in the territory of the Czech Republic for a period of more than 3 months under special legislation.
(3) The social services referred to in Sections 57, 59 to 63 and 69 shall also be provided to a person who is not mentioned in paragraph 2, provided that he is legally resident in the Czech Republic under special legislation (3). The social services referred to in Sections 37, 57, 60 and 69 shall also be provided to the person who is the victim of a human trafficking offence or a criminal offence introduced by 48).
2) 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), as amended.
3) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended. Act No. 325 / 1999 Coll., on Asylum, as amended.
4) § 42c of Act No. 326 / 1999 Coll., as amended.
5) § 42f of Act No. 326 / 1999 Coll., as amended.
6) Sections 14a and 14b of Act No. 325 / 1999 Coll., as amended.
7) § 42i of Act No. 326 / 1999 Coll., as amended.
48) Sections 168 and 172 of the Criminal Code.
49) Article 5 (6) of Act No. 111 / 2006 Coll., on aid in material distress, as amended. "
3. in Article 12 (1) (a) (1), the words "under the Act on State Social Aid" shall be replaced by the words "under the Act on Social Protection for Children."
4. In the fourth sentence of Article 12 (5), "Article 7 'is replaced by" Article 7 (2) and (6) to (12)'.
5. In the first sentence of Article 12 (6), the words "pursuant to Article 21 (2) (e) 'shall be inserted after the words" the operative income'.
6. In Article 13, at the end of paragraph 2, the sentence "The entitlement to pay an increase in the contribution referred to in Article 12 (1) shall be added at the earliest from the beginning of the calendar quarter in which the application for an increase was submitted; This is without prejudice to the provisions of Paragraph 12 (4). ';
7. Paragraph 18 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
8. In Article 18 (4), the words "paragraphs 3 and 4 'are replaced by the words" paragraphs 3' and the words "on the basis of the application of directly applicable European Union rules' are inserted after the words" abroad '.
9. In Article 21 (2), the words "shall be added at the end of the text of point (e); this obligation shall also be deemed to have been fulfilled if the recipient of the allowance has communicated in writing to the competent regional branch of the Labour Office that he has demonstrated, within the prescribed time limit or, where appropriate, within the time limit referred to in paragraph 12 (6), that he has demonstrated the relevant income for the purposes of the housing allowance under the Act on State Social Aid and that the circle of persons jointly assessed for the purpose of increasing the allowance is the same as for the purpose of the housing allowance '.
10. In the first sentence of Article 21 (4), the word "written 'shall be added after the words" even to "and at the end of the paragraph the sentence" Payment of the allowance shall be renewed from the first day of the calendar month in which the notification obligation under the first sentence has been met retrospectively.';
11. in Article 21, paragraph 5 is deleted;
12. in § 21a (1) and (2), "§ 48 to 51" is replaced by "§ 48 to 50."
13. In Article 26, the following paragraph 3 is added:
"(3) There shall be no appeal against the order referred to in paragraphs 1 and 2. ';
14. in the first sentence of Paragraph 26a (1), "Paragraph 18 (6)" is replaced by "Paragraph 18 (5)."
15.
Where a person makes an application for an allowance and, at the same time, requests for an increase in the allowance provided for in Section 12, the Regional Branch of the Labour Office shall conduct joint proceedings on such applications. The Regional Branch of the Labour Office shall combine the procedure for the contribution and the increase in the contribution provided for in Section 12 also where the request for an increase in the contribution referred to in Section 12 has been made during the grant procedure and the decision has not yet been given. '
16. in Paragraph 29 (3), the words "State Control Act 34)" shall be replaced by the words "Control Order 34)."
Footnote 34 reads:
"34) Act No. 255 / 2012 Coll., on Control (Control Regulations). '.
17. in § 35 (1) (g):
"(g) basic social advice,"
18. In the second sentence of Paragraph 37 (2), the words "Social advice 'are replaced by the words" Basic social advice'.
19. In the first sentence of Paragraph 37 (3), the words "and in hospital-type special-purpose health care establishments' shall be inserted after the words" domestic violence 'and the second sentence shall be deleted.
20. in Paragraph 51 (2), the following point (d) is inserted after point (c):
"(d) assistance for personal hygiene or the provision of conditions for personal hygiene,"
Points (d) to (g) shall be renumbered as points (e) to (h).
21. in Paragraph 79 (1) (g):
"(g) the fact that the assets of a natural or legal person who is an applicant for registration have not been declared bankrupt or insolvency proceedings have not been initiated or the insolvency application has not been rejected because of the debtor's lack of assets."
22. in Article 79 (5) (a) and (b), the words ", account number" shall be deleted;
23. in Article 79 (5) (c), the words "and the payment account number" shall be deleted;
24. In Paragraph 79 (5), at the end of the text in point (k), the words "if the applicant is subject to insolvency law 56) 'are added.
Footnote 56 reads as follows:
"56) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended."
25. in Paragraph 81 (2), the words ", the social service number (identifier) and the form of provision of social services" shall be added at the end of the text in point (d).
26. in Article 82 (1) and (2):
"(1) The social service provider shall notify the registrar in writing of changes to the information contained in the application for registration and the documents submitted with that application pursuant to Article 79 (5), with the exception of those which are necessary for the marketing authorisation pursuant to Article 81 (2) and with the exception of those referred to in Article 79 (5) (d) (8). The social service provider shall notify such changes by the 15th day of the calendar month following the calendar month in which the changes occurred and provide evidence of such changes with appropriate documentation.
(2) The registration authority shall, on the basis of a written request from the social service provider, issue a decision to change the marketing authorisation on the basis of changes to the information required by the marketing authorisation under Paragraph 81 (2). The application for a change to the marketing authorisation shall contain the information relating to the changes, supported by the relevant documents. The provision of social services in accordance with these amendments is possible only after the legal authority of the decision to change registration. '
27. In Paragraph 82, the sentence "If only one of the social services provided by the same social service provider is concerned with the facts referred to in paragraph 3 (a) to (c) at the beginning of paragraph 4, the registering authority may decide only to amend the registration. '
28. in Article 82a (1), the second sentence is deleted;
29. in Paragraph 83 (2), "paragraph 2" is replaced by "paragraph 1";
30. In the first sentence of Article 83 (3), the words "to provide assistance in person 'shall be inserted after the words" to provide assistance in person and' and at the end of the paragraph the sentence "to conclude an aid contract shall apply mutatis mutandis to the provisions of Article 91 (6) '.
31. in Paragraph 85 (3), the comma shall be replaced by a dot at the end of point (b) and point (c) shall be deleted;
32.Paragraph 85 (4) reads as follows:
"(4) The register shall contain, in electronic form, the information referred to in § 79 (5) (a) to (d), the identification number referred to in § 81 (2) (b), the social service number referred to in § 81 (2) (d) and the result of the check on compliance with the conditions laid down for registration. The content of the information on the outcome of the inspection shall be laid down in the implementing act. The Regional Office, and if information on the outcome of the inspection is provided by the Regional Branch of the Office of Labour, shall enter in the register the data according to the first sentence and their changes without undue delay. ';
33. In Article 85 (5), the words "and details of the number of persons who have been subject to measures restricting the movement of persons and the frequency of their use by type of measures shall be inserted after the words" Paragraph 91 (3). "';
34. In Paragraph 85, the following paragraph 7 is added:
"(7) The social service provider shall communicate to the registrar, upon request, a summary of the number of persons to whom it provides social services and the nature of their reduced self-sufficiency and care needs within 8 days of the date of receipt of the request, unless the registrar determines a longer period. '
35. In Article 86, the following paragraph 3 is added:
"(3) The Ministry shall, at the request of the Regional Branch of the Office of Labour, establish an authorisation for access to data held in the Register under the first sentence of Paragraph 85 (5) of the Regional Branch of the Office of Labour. ';
36. in Paragraph 88 (a), the word "objectives," shall be deleted;
37. at the end of the text in point (f), the words "and to enter the evaluation and its outputs in written individual records" shall be added.
38. In Article 88 (j), the words "educational measures' shall be inserted after the words" constitutional education '.
39. Paragraph 89 (7) is deleted.
40. in Article 91 (2), the words "including the accounting method" shall be added at the end of the text of point (e).
41. in Article 91 (6), the words "or in the hospital of bed care provided for in Article 52" shall be inserted after the words "in the social services establishment."
42.In Paragraph 93 (a), the word "competent 'is replaced by the word" competent'.
43.In Article 96, the words "including social work activities in the field of social services' shall be added at the end of the text in point (a).
44. in Paragraph 98, paragraphs 1, 4 and 6 are deleted;
Paragraphs 2, 3, 5, 7 and 8 shall be renumbered paragraphs 1 to 5.
45. In Paragraph 98, the sentence "Where inspections are carried out with a social service provider against which the region exercises its functions as a founder or founder at the end of paragraph 2, the staff of that region may not be included in the inspection team. '
46. In the second sentence of Paragraph 98 (4), the words "this consent shall be recorded in the record of an interview by a member of an inspection team 'shall be deleted.
47. In the third sentence of Paragraph 98 (5), the words "the measures taken and their implementation 'are replaced by the words" the measures imposed'.
48. After Paragraph 100, the following Section 100a is inserted:
Communication of data to the social protection body
(1) The Social Service Provider shall, upon written request, communicate to the Social Legal Protection Authority, free of charge, the data necessary for the provision of social and legal protection concerning a person who has been obliged by decision of the Social Protection Authority to use professional advisory assistance under the Child Protection Act 57). The social service provider shall always disclose whether he has concluded a contract with a person on the provision of a social service, the duration of the contract, the date of termination of the provision of a social service and, where appropriate, the grounds for notice, if the contract has been terminated, and the assessment of the course of the provision of the social service.
(2) The provider of social services, which provides the social services referred to in § 37 (3), § 48, 52, 54, 57, 58, 60, 60a, 62, 65 or 69, shall, in the absence of a case referred to in paragraph 1 or where he does not provide the social services anonymously, notify the social protection of children, free of charge, upon written request, to the social protection body of the child,
(a) whether the person referred to in the application of the child protection body provides or provides social services;
(b) the type and form of social services provided and the duration of the provision; and
(c) an assessment of the course of the provision of social services.
The Social Service Provider has the obligation according to the first sentence only in those cases where the Social Protection Authority in the application also states that it has assessed the situation of the child and his family under the Child Protection Act (58), so that it is a child targeted by the Child.
57) Sections 12 and 13 of Act No 359 / 1999 Coll., as amended.
58) Paragraph 10 (3) (c) of Act No 359 / 1999 Coll., as amended. '
49. Paragraph 101 (7) is deleted.
Paragraph 8 shall become paragraph 7.
50. In Article 101 (7), "paragraphs 1 to 7 'is replaced by" paragraphs 1 to 6' and "31 December 2013 'is replaced by" 31 December 2014'.
51. Paragraph 101a, including footnotes 37 and 37a, reads as follows:
(1) In order to fulfil the obligation set out in Section 95 (g), the counties are granted assigned grants from the State budget to finance current expenditure relating to the provision of basic types and forms of social services to the extent provided for by the basic activities for each type of social services. The grant is granted by the Ministry under special legislation37).
(2) The Region decides, in accordance with the specific legislation 37a) and the European Union rules on public aid, on the granting of funding from the subsidy to social service providers registered in accordance with § 85 (1) or, where appropriate, on the award of a public contract for the provision of social services.
(3) The Region makes a request to the Ministry for a subsidy for the financial year concerned. The application shall contain:
(a) the name of the county, the identification number and the account number to which the subsidy will be paid;
(b) a description of the method of allocating and drawing the subsidy referred to in paragraph 2;
(c) the list of social service providers, indicating the social services for which the subsidy is requested in accordance with Paragraph 95 (g); and
(d) the amount of the subsidy requested for the financial year concerned and the requirement for the amount of the subsidy for the following 2 financial years resulting from the medium-term plan for the development of the social services of the region.
The application shall include a medium-term plan for the development of the social services of the region, which shall include an economic analysis of the identified needs plan and the method of financial collateral.
(4) The amount of the subsidy to the county shall be determined by the Ministry on the basis of the percentage of the county's total annual amount of funds allocated in the State budget to support the provision of social services for the financial year concerned. The subsidy is earmarked for the subsidy to social services and for the subsidy to social prevention and counselling services.
(5) The percentage of the county in the total annual amount of funds allocated in the State budget to support the provision of social services shall be determined by the Ministry on the basis of the share of the county in:
(a) the total amount of subsidy requested by the county in accordance with paragraph 3 (d);
(b) the amount of contributions paid; and
(c) the capacities of the social services provided; for social services
1. pursuant to Sections 37 to 43, 44, 65 to 67, 69 and 70 provided in field and outpatient forms and social services pursuant to Sections 45, 46, 54 to 56, 59 to 62 and 64 provided in outpatient form, the capacity shall be given by data on personnel security in accordance with Section 85 (5);
2. according to § 44 provided in residence and social services pursuant to § 47 to 51, the capacity is given by the number of registered beds used by the beneficiaries,
3. according to § 52, 57, 58, 63, 64, 68 and 70 provided in residence form, the capacity is determined by the number of registered beds.
(6) By 30 April of the financial year concerned, the Region will provide the Ministry with an interim overview of the implementation of the subsidy and a final summary of the implementation of the subsidy for the financial year concerned by 15 February of the following financial year.
(7) The implementing act shall specify the conditions for drawing up the subsidy, the time limits for paying the subsidy, the form and content of the application referred to in paragraph 3 and the deadline for submitting it, the content of the list referred to in paragraph 3 (c) and the form and content of the summary referred to in paragraph 6.
37) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
37a) Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended. '
52. In Paragraph 106, the following paragraph 4 is inserted after paragraph 3:
"(4) A social security assistant shall commit an offence by failing to conclude a written contract of assistance with the person to whom he provides assistance pursuant to Paragraph 83 (3). '
Paragraph 4 shall become paragraph 5.
53. In Article 106 (5), "paragraph 3 'is replaced by" paragraphs 3 and 4';
54. in § 107 (2) (l):
"(l) shall not notify any changes to the information referred to in Article 82 (1) within the time limit set,";
55. in § 107 (2) (m), "§ 98 (8)" is replaced by "§ 98 (5)";
56. In Paragraph 107, at the end of paragraph 2, the dot is replaced by a comma and the following point (q) is added:
"(q) shall not disclose the information referred to in Paragraph 85 (7) within the time limit set by the registering authority.";
57. in Article 107 (5) (a), "(b) and (c)" shall be replaced by "(b), (c) and (l)";
58. In Article 107 (5) (c), "up to (o) 'is replaced by" up to (k), (m), (o) and (q)';
(59) In Paragraph 107 (5) (d), the words "paragraphs 1 and 1" are deleted.
60. In Article 107, at the end of paragraph 5, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) 500 000 CZK if it is an administrative offence under paragraph 2 (n),
(f) 1 000 000 CZK if it is an administrative offence as referred to in paragraph 1. "
61.Paragraph 108 (4) reads as follows:
"(4) Administrative offences under this law at first instance
(a) Regional Branch of the Labour Office
1. the offence referred to in Article 106 (1) committed by an employee of the State assigned to the Regional Branch of the Labour Office;
2. Infringement pursuant to § 106 (2) to (5),
3. administrative offence pursuant to § 107 (2) (b) to (h), (j), (m), (o) and (p) and § 107 (4),
(b) the municipal authority of the municipality with extended jurisdiction, if it is an infringement pursuant to Paragraph 106 (1), committed by a member of the municipality's staff;
(c) Regional Office
1. the offence referred to in Article 106 (1) committed by a county employee or an employee of a social services provider to whom a regional authority has granted a marketing authorisation;
2. administrative offence pursuant to § 107 (1),
3. the administrative offence referred to in Article 107 (2) (a), (i), (k), (l), (n) and (q) and Article 107 (3), committed by the social services provider to whom the Regional Authority has granted marketing authorisation,
(d) Ministry
1. the offence referred to in Article 106 (1) committed by an employee of a State in the Ministry;
2. an administrative offence pursuant to § 107 (2) (a), (i), (k), (l), (n) and (q) committed by a social service provider to which the Ministry has granted marketing authorisation. ';
62.Paragraph 108 (6) reads as follows:
"(6) The income from fines imposed by the Regional Office of the Labour Office and the Ministry is the income of the State Budget, the income from fines imposed by the municipal authority of the municipality with extended scope is the income from the municipal budget and the income from fines imposed by the Regional Office is the income from the county budget. '
63. In Paragraph 111, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) participation in conferences."
64. In Paragraph 111 (3), the words "educational establishments and 'are deleted.
65. In Paragraph 111 (5), the word "annual" and "which is an educational establishment accredited by the Ministry" shall be inserted after the words "8 hours";
66. In Paragraph 111, the following paragraph 6 is inserted after paragraph 5:
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Regulation Information
| Citation | Act No. 313 / 2013 Coll., amending Act No. 108 / 2006 Coll., on Social Services, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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