What is Act No. 329 / 2011 Coll.?

Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws — Law on the provision of benefits to disabled persons and on the amendment of related laws.

When it became Act No. 329 / 2011 Coll. effectiveness?

Act No. 329 / 2011 Coll. became effective 01.01.2012.

Is Act No. 329 / 2011 Coll. still valid?

Yes, Act No. 329 / 2011 Coll. is still valid and effective.

How many times was it Act No. 329 / 2011 Coll. amended?

Act No. 329 / 2011 Coll. has 20 time versions of the text.

Act No. 329 / 2011 Coll. - Law on the provision of benefits to disa...

329

THE LAW

of 13 October 2011

on the provision of benefits to disabled persons and the amendment of related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BENEFITS FOR PERSONS WITH HEALTH EMPLOYMENT

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This Act provides for the provision of cash benefits to disabled persons to mitigate the social consequences of their disability and to promote their social inclusion and the identification of persons with disabilities.

§ 2

Types of doses

Persons with disabilities shall be provided with the following benefits:

(a) mobility allowance;

(b) the allowance for the special aid.

§ 3

Heading of beneficiaries

Entitlement to a mobility allowance and to a special allowance and to a disability card shall, subject to the conditions laid down in this Act:

(a) a person who is declared permanent resident in the Czech Republic under another legislation (1) or who has permanent residence in the Czech Republic under another legislation (2);

(b) a person who has been granted international protection in the form of asylum or supplementary protection under another legislation (3);

(c) a stranger 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,

(d) a citizen of a Member State of the European Union if he is registered in the territory of the Czech Republic under another legislation for more than 3 months, unless he is entitled to social benefits from the directly applicable European Union4),

(e) a family member of a citizen of a Member State of the European Union, if he is declared to reside in the Czech Republic under another legislation for more than 3 months, unless he is entitled to social benefits from the directly applicable European Union4),

(f) an alien who holds a permanent residence permit with a long-term resident in the European Community in the territory of another Member State of the European Union, provided that he is registered in the Czech Republic for long-term residence under another legislation (2);

if he is resident in the Czech Republic; the law on assistance in material emergency 5).

§ 4

Specific provisions in relation to children

(1) If the beneficiary is a beneficiary (6), the authority responsible for deciding on benefits must always monitor the achievement of the best interests of the child when deciding on entitlement to the benefit.

(2) In deciding on the entitlement and the amount of the special allowance provided for in § 9 to 12, where the beneficiary is a minor or a person with limited professional capacity, the prior consent of the court under civil law29 is not required. The prior consent of the court shall not be required for the purchase itself of a special aid obtained using the contribution and all subsequent and related proceedings before the competent authorities.

§ 5

Jurisdiction to decide

(1) The Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague (hereinafter referred to as the Regional Branch of the Labour Office) decides on the benefits and licences of a person with disabilities under this Act. In addition, the Regional Branch of the Office of Labour is responsible for the infringement proceedings concerning a person with disabilities.

(2) An appeal against the decision referred to in paragraph 1 shall be decided by the Ministry of Labour and Social Affairs (hereinafter referred to as "the Ministry ').

HLAVA II

MOBILITY CONTRIBUTION

§ 6

Entitlement to mobility allowance

(1) The entitlement to mobility allowance is granted to a person over 1 year of age who is entitled to a disability card marked with the symbol "ZTP" or "ZTP / P" which has been granted under the legislation effective since 1 January 2014, is repeatedly transported or transported for payment in a calendar month and is not provided with residence social services under the Social Services Act (7) in a home for persons with disabilities, in a senior home, in a home with a special scheme or in a hospital.

(2) The conditions for entitlement to the mobility allowance referred to in paragraph 1, with the exception of the condition for re-carriage for remuneration, shall be fulfilled throughout the calendar month.

(3) The applicant shall provide evidence of compliance with the conditions for re-carriage for reimbursement by a declaration of honour.

(4) For reasons of special consideration, the mobility allowance may also be granted to the person who is provided with the social services referred to in paragraph 1 provided that he fulfils the other conditions referred to in paragraph 1. In such cases, the method of demonstrating the condition for re-carriage referred to in paragraph 3 shall not apply and shall be followed in accordance with Paragraph 26 (1) (b).

§ 7

Mobility allowance

The amount of the mobility allowance is 900 CZK per calendar month, unless otherwise specified.

§ 8

The amount of the mobility allowance for a calendar month is CZK 2,900 for a person who has been using a medical device for long-term domestic oxygenotherapy or a medical device for home pulmonary artificial ventilation for the entire calendar month and has demonstrated this fact to the regional branch of the Labour Office by confirming the relevant health insurance company.

HLAVA III

CONTRIBUTION TO SPECIAL AID

§ 9

Conditions for entitlement to a special allowance

(1) The entitlement to a special aid allowance is of the nature of the long-term unfavourable health condition set out in the Annex to this Act and its health status does not preclude the granting of that allowance.

(2) The entitlement to a special aid allowance granted for the acquisition of a motor vehicle or a special restraint system shall be granted to a person who has a severe defect in the carrier or movement system, an autistic disorder with a severe functional disability or a severe or deep mental retardation of the nature of a long-term unfavourable health condition, and its health status shall not preclude the granting of that contribution.

(3) For the purposes of this Act, a long-term adverse health condition is considered to be a condition which, according to medical science, lasts or is to last more than 1 year.

(4) The disability of a long-term unfavourable health condition justifying the grant of a special allowance and the exclusion of such a medical condition are listed in the Annex to this Act.

(5) The condition for the grant of the special aid is that:

(a) the person is older

1. 3 years if this allowance is granted for the acquisition of a motor vehicle, a seatboard, a ceiling lifting system, vertical lifting platforms, oblique lifting platforms, staircase seats or apartment modifications,

2.15 years if this allowance is granted for the acquisition of a guide dog; or

3.1 years in other cases,

(b) a special aid shall enable or require the self-service person to carry out work, to prepare for a future occupation, to obtain information, education or contact with the environment; taking into account other tools, medical devices, modifications and articles used by the person;

(c) a person may use a special aid or may use a special aid in his social environment.

(6) Where a special aid allowance is granted for the acquisition of a motor vehicle, it is also a condition that a person is repeatedly transported in a calendar month and is able to drive a motor vehicle or be able to be carried by a motor vehicle; The applicant shall provide proof of compliance with the re-shipment condition by an honest declaration.

(7) Where a special aid allowance is granted for the acquisition of a vertical lifting platform, a oblique lifting platform, a stairway seat or a ceiling lifting system, the consent of the owner of the property to the installation of the equipment and its operation shall also be subject to the condition that the owner of the property is not the person to whom the contribution is granted. The consent of the property owner may be replaced by a decision of the court.

(8) A special allowance may not be granted if the special allowance is a medical device which is fully covered by public health insurance or is lent to the person by the relevant health insurance company. This allowance may also not be granted for the acquisition of a special aid which is not covered by public health insurance or lent by a health insurance company because of a lack of health indication.

(9) A special allowance may not be granted if the special allowance is a medical device partly covered by public health insurance.

(10) The allowance shall be granted for a special aid in the basic design which, due to its disability, fully satisfies the person and fulfils the condition of least economic difficulty. This condition shall not be required if the special aid allowance is granted for the acquisition of a motor vehicle or is an authorised person (6). A contribution to a special aid for the acquisition of a vertical lifting platform or a oblique lifting platform shall be granted only if the removal of the barrier cannot be achieved by means of a seatboard. If there is a grant for a special aid for the acquisition of a vertical lifting platform, an oblique lifting platform, a staircase seat or a ceiling lifting system, the person shall, for the purposes of assessing compliance with the condition set out in the first sentence, submit at least 2 proposals for a solution to the removal of the barrier, including the price, at the invitation of the Regional Branch of the Labour Office.

(11) The contribution to the special aid granted for the acquisition of a motor vehicle shall be granted again if the conditions laid down in paragraphs 2, 5 and 6 are met at the earliest after 84 calendar months consecutive, starting from the calendar month following the calendar month in which the previous decision on the contribution became final; that is not the case if the person has repaid the contribution or the proportion thereof or has been forgiven.

(12) The contribution to the special aid provided for the purchase of a guide dog shall be granted only for the acquisition of a dog which has been trained and handed over by a legal or natural person who is a member of an international training school organisation. The condition of membership of an international training school organisation shall be deemed to have been fulfilled, even if the legal or natural person is not a member of that training school, but has applied for a member, but for a maximum period of 2 years from the date of filing of that application. The implementing legislation sets out the skills of the guide dog to be met.

(13) A list of the types and types of special assistance to persons with disabilities listed in the Annex to this Act for which a contribution is granted shall be laid down in implementing legislation.

(14) When deciding to grant a contribution to a special aid not included in the list referred to in paragraph 13, it shall be assessed whether that particular special aid is comparable in terms of use to the types and types of special aid included in the list referred to in paragraph 13.

§ 10

Determination of the amount of the special aid allowance

(1) For the acquisition of a special aid whose price is less than CZK 10,000, a contribution to a special aid shall be granted if the income of a person and the income of persons jointly assessed is less than eight times the minimum of life of an individual or the minimum of life of the persons jointly assessed under the Law on Living and Existing Minimes9). For reasons of special consideration, in particular if a person repeatedly asks for a contribution to various special items whose price is less than 10 000 CZK, this allowance may be granted, even if the income of the person and the income of persons jointly assessed with him exceeds the amount of the life minimum according to the first sentence.

(2) The amount of the special allowance referred to in paragraph 1 shall be set at CZK 1000.

(3) The amount of the allowance for the acquisition of a special aid, the price of which is higher than CZK 10,000, is fixed at 10% of the expected or already paid price of the special aid. The maximum amount of the special allowance is CZK 350,000, except for the special allowance provided for the purchase of a vertical lifting platform or an oblique lifting platform whose maximum amount is CZK 500,000.

(4) If a person does not have sufficient funds to participate in accordance with paragraph 3, the Regional Branch of the Labour Office, taking into account the extent to which a special aid is used, the income of a person and the income of persons jointly assessed under the Law on Living and Existing Miniscies9) shall determine a lower amount of participation, but not less than CZK 1,000.

(5) The amount of the contribution to the special aid granted for the acquisition of a motor vehicle, unless otherwise specified, is:

(a) CZK 285,000 if the income of a person and the income of persons jointly assessed with him is lower than or equal to 16 times the amount of the life minimum of an individual or of the life minimum of a person jointly assessed under the Law on the Living and Existing Miniscies9), or if the allowance is granted to a minor;

(b) CZK 265 000 if the income of a person and the income of persons jointly assessed with him is greater than sixteen times the life-minimum amount referred to in (a) but less than or equal to seventeen times that amount;

(c) CZK 245 000 where the income of a person and the income of persons jointly assessed with him is greater than 17 times the amount of the minimum life referred to in (a) but less than or equal to 18 times that amount;

(d) 225 000 CZK if the income of a person and the income of persons jointly assessed with him is greater than 18 times the life-minimum amount referred to in (a) but less than or equal to 19 times that amount;

(e) CZK 205 000 if the income of a person and the income of persons jointly assessed with him is greater than 19 times the life-minimum amount referred to in (a) but less than or equal to 20 times that amount;

(f) 185 000 CZK, if the income of a person and the income of persons jointly assessed with him is greater than twenty times the amount of the minimum life referred to in (a).

(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 the motor vehicle at the price at which the motor vehicle was purchased.

(7) The sum of the contributions paid for the special aid may not exceed CZK 800,000 or CZK 850 000 in 60 calendar months in succession if at this time a special allowance for the purchase of a vertical lifting platform or a oblique lifting platform has been granted. In determining the sum of the amounts paid, the amounts recovered or remitted shall be deducted.

§ 11

Reception

(1) For the purposes of entitlement to a special allowance, the income of a person or persons jointly assessed shall be that of income under the Life and Existence Minimum Act. The heading of the persons assessed jointly is assessed under the Lifetime and Existing Minority Act (9). The Regional Branch of the Labour Office may decide, upon request, that persons referred to in § 4 (1) (a) to (c) of the Law on Life and Existing Minism9 shall not be considered as persons jointly assessed if they have not lived together for at least 3 months.

(2) The operative period for which income is to be collected is the calendar quarter preceding the calendar month in which the application for a special aid was submitted.

(3) The income shall be determined as the monthly average of the applicant's income for the special aid or the sum of the applicant's monthly income for the special aid and persons jointly assessed with it.

§ 12

Obligation to refund a special allowance

(1) The beneficiary is obliged to repay the contribution or the proportion thereof if:

(a) has not used this allowance within 3 months of the date of its payment or within a period fixed by the Regional Branch of the Office of Labour for the acquisition of a special aid;

(b) have not used the full amount of the allowance paid within 3 months of the date on which it was paid or within the time limit specified by the Regional Branch of the Office of Labour;

(c) in the period before the expiry of 60 calendar months running from the date of payment of the allowance or in the period before the expiry of 84 calendar months running from the date of payment of the contribution granted for the acquisition of a motor vehicle, the right of ownership to a specific aid has been waived;

(d) in the period prior to the expiry of 60 calendar months running from the date of payment of the contribution or in the period before the expiry of 84 calendar months running from the date of payment of the contribution granted for the acquisition of the motor vehicle, it has ceased to use a special aid;

(e) it has ceased to be transported repeatedly or has ceased to be able to carry a motor vehicle if a contribution to the acquisition of a motor vehicle has been paid;

(f) use a contribution contrary to the decision granting it; or

(g) it shall be established that the person has identified false or distorted data in the application for a contribution to the special aid.

(2) The person referred to in paragraph 1 shall not be obliged to repay the contribution paid in respect of a special aid or a proportion thereof if:

(a) during the period prior to the expiry of 60 calendar months running from the date of its payment, it has ceased to use a special aid because of a change in the state of health or the period prior to the expiry of 84 calendar months running from the date of payment of the contribution granted to the acquisition of a motor vehicle has ceased to be transported or the ability to be carried by a motor vehicle has ceased repeatedly because of a change in the state of health;

(b) a contribution to the purchase of a guide dog has been paid and, in the period before the expiry of 60 calendar months in succession from the date of payment of the allowance, dies or loses his skills due to a disease or accident occurring without fault of the recipient of the benefit; or

(c) the person has died.

(3) The obligation to return a proportion of the contribution referred to in paragraph 1 shall not arise if this amount does not exceed CZK 300. The obligation to repay the contribution or the proportional part thereof referred to in paragraph 1 shall be decided by the territorial social security administration which paid the contribution. This Decision may be adopted no later than 10 years from the date on which the contribution was paid. This period shall not apply to the possibility of a further decision being taken in the same case. Overpayments shall be collected by the territorial social security administration, which has decided on the obligation to repay the contribution or part thereof.

(4) The Regional Branch of the Office of Labour may, for reasons of special consideration, decide to waive the obligation to repay the contribution to the special aid or the proportional part thereof referred to in paragraph 1.

(5) Repayment of the contribution or part thereof referred to in paragraph 1 shall be jointly and severally liable to the beneficiary.

HLAVA IV

COMMON PROVISIONS

Díl 1

Entitlements and payments

§ 14

(1) Entitlement to benefit is due on the date of fulfilment of the conditions laid down by this Law.

(2) The right to payment of the benefit is established by fulfilling the conditions laid down by this law for entitlement to the benefit and applying for the benefit.

(3) The mobility allowance may be granted and paid at the earliest from the beginning of the calendar month in which the procedure for granting the mobility allowance was initiated. A special aid allowance may also be granted for a special aid which has been purchased during the 12 calendar months preceding the date of the opening of the procedure for the grant of the special aid under this Law.

§ 15

Change of entitlement to the benefit and its payment

(1) Where a benefit has been awarded or is paid at a lower amount than that in which it belongs, or has been wrongly withheld or has been awarded from a later date than that from which it is due, the benefit shall be increased or admitted and the amount due shall be paid from the date on which the benefit or increase is due, but not more than three years back from the date on which the entitlement or increase is established or exercised.

(2) Where a benefit has been awarded or is paid in excess of the amount in which it belongs, or has been granted or is wrongly paid, the benefit shall be withdrawn or its payment shall be suspended or reduced from the first day of the calendar month following the calendar month for which the benefit has already been paid.

(3) Where the facts applicable to entitlement to mobility allowance are changed in such a way that that allowance does not belong, that allowance shall be withdrawn from the first day of the calendar month following the calendar month for which the benefit has already been paid.

(4) The entitlement to pay the mobility allowance does not apply for a calendar month if the person entitled is provided health care throughout that calendar month during hospitalisation; the county branch of the Labour Office shall suspend the payment of the mobility allowance for this calendar month. The condition of the entire calendar month is not fulfilled if hospitalisation took place on the first day of the calendar month or the last day of the calendar month. The payment of the mobility allowance shall be renewed from the first day of the calendar month in which the hospitalisation did not last for the entire calendar month.

§ 16

Termination and payment of the benefit

(1) Entitlement to the dose does not cease.

(2) Entitlement to pay the benefit shall expire 1 year after the date on which the benefit is due, except in the cases referred to in Article 15 (1). The period shall not run for the duration of the benefit procedure and for the duration of the action before the courts of the administrative judiciary.

§ 17

Transfer of entitlement to the benefit and its payment

(1) If the beneficiary has died after entitlement to the benefit, the spouse, the children and the parents, if they were living with the beneficiary at the time of the death of the beneficiary, shall be entitled to the amounts for which the entitlement was incurred until the date of death of the beneficiary. The condition of a common household need not be fulfilled for children entitled to an orphan's pension after the deceased.

(2) Where the benefit has been granted before the death of the beneficiary, amounts due which have not been paid before the date of death of the beneficiary, to the members of his family, shall be paid in accordance with the order and under the conditions laid down in paragraph 1.

(3) In the case of a special allowance, in accordance with paragraph 1 or 2, only if the special allowance has been purchased prior to the death of the beneficiary, otherwise entitlement to and payment of the benefit shall cease.

§ 18

Inadmissibility of enforcement of decisions and agreements on collisions

Benefits under this Act are not subject to enforcement and cannot be subject to a withholding agreement.

Díl 2

Payment of benefits

§ 19

Method of payment of benefits

(1) Mobility allowance shall be paid by the end of the calendar month following the calendar month for which it belongs. At the request of the beneficiary of the mobility allowance, the allowance may be paid in one instalment each of the three calendar months for which it belonged.

(2) The special allowance shall be paid by the end of the calendar month following the calendar month in which the decision to grant it became final.

(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. If the beneficiary of the mobility allowance referred to in Article 20 (1) and (2) or, where applicable, 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.

(4) No benefits are paid abroad.

(5) The benefit is deemed to have been paid on the date of debiting the relevant amount from the Czech Labour Office account.

§ 20

Beneficiaries, other beneficiaries and special beneficiaries

(1) The recipient of the benefit shall be the beneficiary, unless otherwise specified.

(2) Instead of an authorised person, the recipient of the benefit shall be the legal representative or foster parent or any other natural person who has been assigned to custody of the minor by a decision of the competent authority (hereinafter referred to as "other recipient of the benefit ').

(3) The Regional Branch of the Office of Labour will decide on the provisions of the special recipient of the benefit if the beneficiary or another beneficiary of the benefit cannot receive the benefit. The special beneficiary must agree to the provisions of the beneficiary or other recipient of the benefit; This does not apply if, due to its state of health, it cannot give such consent. Only the person who agrees to this provision may be designated as the specific beneficiary. The special beneficiary shall use the benefit for the benefit of the beneficiary. The special recipient uses the dose according to the instructions of the authorised person, except for the person who is unable to give these instructions due to his health. The Regional Branch of the Labour Office shall revoke the decision on the provision of a special beneficiary if the reasons for which the special beneficiary has been designated have been removed. The Regional Branch of the Office of Labour shall also revoke the decision on the provision of a special beneficiary if the special beneficiary does not fulfil its obligations and shall appoint another person as the special beneficiary.

Díl 3

Dose management

§ 21

Interested parties

The party to proceedings shall only be the claimant for the benefit or persons referred to in Article 17 (1).

§ 22

Initiation

(1) The procedure for granting the levy shall be initiated on the basis of a written request made on the form prescribed by the Ministry.

(2) The procedure for the withdrawal of the mobility allowance or for the cessation of payment of the mobility allowance shall be initiated ex officio.

(3) The Regional Branch of the Labour Office will also appoint a guardian for the benefit of a person who is unable to act alone due to his or her state of health and does not have a representative; the provision of a guardian is decided by the Regional Branch of the Labour Office on the basis of a medical opinion of the attending physician.

(4) Where a minor is entrusted to the care of another natural person by decision of the competent authority, he shall be represented in the benefit proceedings by that natural person. Where a minor is assigned to the personal care of a foster child by decision of the competent authority, the foster child shall be represented in the batch procedure.

(5) An elderly person 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.

§ 22a

(1) Where a form is prescribed under this Act for filing or other action, the application or other action may be made:

(a) whether or not on a computer set-up published electronically by the Ministry; or

(b) in electronic form, where the Ministry has published the relevant form in electronic form or form.

(2) In the procedure on benefits and on the certification of a person with disabilities under this Act, records on technical data media, micrographic records, printed products of the optical archive system and printed or photographic products of other computer techniques may be used as a basis for the decision-making, instead of the original of the document according to which they were taken. The Regional Branch of the Labour Office or the Ministry shall invite the person who has submitted a copy of the document to submit the original or an officially certified copy or a copy of the document, if the authenticity of the copy submitted is in doubt.

§ 23

Forms of application

The application for a benefit, except for the formalities laid down in the Administrative Rules, also contains:

(a) the name and, where applicable, the name, surname, date of birth, birth number, family status and address of the place of permanent residence of each person jointly assessed, if any, if there is a request for a special allowance;

(b) proof of the amount of income of the claimant for the benefit and of persons jointly assessed during the relevant period, if the application for a special allowance is made in the cases referred to in paragraphs 1, 4 and 5 of Section 10;

(c) the indication of the practitioner who registers the applicant for the dose;

(d) the frequency and the reason for the transport, if the application for a contribution is for a special aid for the acquisition of a motor vehicle and the reason for the transport, if the application for a mobility allowance referred to in Article 6 (4),

(e) the type of special aid and the document certifying the price of the special aid or its expected price, if the application for a special aid is made;

(f) a declaration of honour pursuant to Article 6 (3), if there is an application for a mobility allowance, with the exception of a mobility allowance application pursuant to Article 6 (4);

(g) a declaration of honour pursuant to Article 9 (6), if there is an application for a contribution to a special aid for the acquisition of a motor vehicle,

(h) the agreement of the owner of the property or the judgment of the court pursuant to Article 9 (7), if there is a request for an application for a special aid for the acquisition of a vertical lifting platform, an oblique lifting platform, a staircase seat or a ceiling lifting system;

(i) determining how the levy is to be paid.

§ 24

Suspension of proceedings

The Regional Branch of the Labour Office shall suspend the special allowance procedure for the period during which the Health Assessment Institute assesses the health status of the applicant for the benefit. The Ministry shall suspend the appeal proceedings against the decision on the levy as referred to in the first sentence for the period for which the opinion board of the Ministry assesses the medical condition of the party. The Regional Branch of the Labour Office shall suspend the special aid allowance procedure at the same time as the invitation to submit at least 2 proposals for the removal of the barrier referred to in Section 9 (10). The Regional Branch of the Office of Labour shall suspend the mobility allowance procedure in the event of a clearance procedure for a disabled person. There shall be no appeal against the order to stay the proceedings under the first, third and fourth sentences; no decomposition may be brought against the order for suspension of proceedings under the second sentence.

§ 24a

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 the written decision referred to in the first sentence, the decision of legal authority shall be taken by the futile expiry of that period.

§ 25

Appeals

The appeal lodged against the decision on the mobility allowance shall not have suspensory effect.

§ 26

Obligations of the applicant for the benefit

(1) The applicant for a dose is obliged to:

(a) undergo a medical examination by a medical practitioner performing the tasks of the Institute for Health Assessment, undergo a medical examination at a medical institution designated by the Institute for Health Assessment or other professional examination, submit to the designated medical institution medical findings of the treating physicians which have been issued to it, communicate and provide evidence of other information relevant to the preparation of the assessment, or provide any other synergy necessary for the preparation of the opinion, if invited by the Institute for Health Assessment, within a time limit to be determined by the Institute for Health Assessment;

(b) to prove the facts relevant to entitlement to the benefit, its amount or payment;

(c) report in writing to the Regional Branch of the Office of Labour during the batch procedure a change in the facts referred to in the application for benefit and changes relevant to the conduct of the procedure within 8 days of the date on which such change occurred.

(2) If the applicant is a citizen of a Member State of the European Union who is registered in the territory of the Czech Republic for a temporary stay under another legislation (2), or if he is an applicant for a family member (13), who is registered in the territory of the Czech Republic for a temporary stay under another legislation (2), he is obliged to provide written consent to the regional branch of the Labour Office to establish the data relevant for the assessment of the unjustifiable burden on the benefit system for persons with disabilities under this law (the "unjustifiable burden of the system ').

Díl 4

Obligations of the beneficiary

Citation	Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	14.11.2011
Effective from	01.01.2012
Effective until	-
Status	Valid

Act No. 329 / 2011 Coll.

Law on the provision of benefits to disabled persons and on the amendment of related laws

Contents