Act No. 329 / 2014 Coll.
Act amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended
Valid
Law
Effective from 01.01.2015
Text versions:
01.01.2015
29.12.2014
329
THE LAW
of 10 December 2014
amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 329 / 2011 Coll., on the provision of benefits to persons with disabilities and on the amendment of related laws, as amended by Act No. 141 / 2012 Coll., Act No. 331 / 2012 Coll., Act No. 306 / 2013 Coll. and Act No. 313 / 2013 Coll., is amended as follows:
1. In Article 6 (1), the words "holding a ZTP or ZTP / P disabled person's licence 'are replaced by the words" entitled to a disabled person's card marked with the symbol "ZTP' or" ZTP / P '.'
2. in Article 34a (1) (b):
"(b) date of birth,"
3. Paragraph 34a (1) shall be added at the end of the text of point (h) "where a person requests the identification of a licence by this symbol when applying for the recognition of a disabled person's licence or when applying for a change in the entitlement to a disabled person's licence '.
4. In Section 34a (2) of the introductory part of the provision, the words "as authentic instruments' shall be inserted after the words" disabled '.
5. in Paragraph 34a (2) (d), at the end of point 3, the word "or" shall be deleted.
6. In Paragraph 34a (2), at the end of point (d), the dot is replaced by "or 'and the following point 5 is added:
"5. a decision has been taken to change the entitlement to a disabled person's card or to cease entitlement to that card."
7. In the first sentence of Paragraph 35 (3), the words "health status and 'shall be deleted and the words" under Article 34b (1)' shall be inserted after the words "orientation '.
8. Paragraph 35 (5) reads:
"(5) The entitlement to a disabled person's card shall be incurred not earlier than the beginning of the calendar month in which the procedure for his or her admission was initiated. The entitlement to a disabled person's licence shall be maintained during the period of validity of the result of the assessment of the applicant's mobility and orientation; the validity of this assessment result may be limited in time or without a time limit. The duration of entitlement to a person with disabilities shall form part of the decision to grant a person with disabilities. '.
9. In the first sentence of Paragraph 35 (6), the words "the power of decision 'shall be deleted.
10. In Paragraph 35, the following paragraph 7 is inserted after paragraph 6:
"(7) At the same time as the issue of a disabled person's licence referred to in paragraph 6, the Regional Branch of the Labour Office shall determine the period of validity of that licence as a public instrument. The period of validity of a disability card as an authentic instrument shall be no more than 5 years for persons under 18 years of age and no more than 10 years for persons over 18 years of age; that period may not be longer than the period for which entitlement to a person with disabilities is maintained pursuant to paragraph 5. The term of validity of a person with disabilities as an authentic instrument shall be without prejudice to the duration of entitlement to such a licence under paragraph 5. The period of validity of the licence shall be recorded in the file. ';
Paragraph 7 shall become paragraph 8.
11. in Paragraph 38 (8), the second and third sentences are deleted;
Transitional provisions
1. The procedure initiated pursuant to § 38 (8) of Act No. 329 / 2011 Coll., as effective before 1 January 2015, shall be completed in accordance with Act No. 329 / 2011 Coll., as effective before 1 January 2015.
2. Persons holding on 1 January 2015 a valid extraordinary benefit card issued under the legislation applicable before 1 January 2012 shall be entitled to a disability card under Act No. 329 / 2011 Coll., as effective from 1 January 2014, as from 1 January 2014.
(a) a card of a disabled person marked with the symbol "TP," if it is a holder of an emergency certificate certifying the exceptional advantages of grade I;
(b) the identification of a disabled person, marked with the symbol "ZTP," if it is the holder of an exceptional benefit certificate certifying the exceptional advantages of grade II;
(c) a "ZTP / P" symbol for a person with disabilities, if the holder of an exceptional benefit certificate testifies to an exceptional level III benefit.
The entitlement to a disabled person's licence shall continue for a period for which exceptional advantages have been granted, unless otherwise specified further; the establishment of the period of validity of a person with disabilities as an authentic instrument is without prejudice to the duration of entitlement to such a licence. If the period for which exceptional benefits have been granted cannot be demonstrated, the entitlement to a disabled person's licence shall continue for the duration of the exceptional benefits certificate.
3. Persons holding a valid disability card issued pursuant to § 34 or § 35 of Act No. 329 / 2011 Coll., as effective before 1 January 2014, shall be entitled to the same type of disability card issued under Act No. 329 / 2011 Coll., as effective from 1 January 2014. The entitlement to such a disabled person's licence shall continue for the period for which entitlement to the prior licence has been granted; the establishment of the period of validity of a person with disabilities as an authentic instrument is without prejudice to the duration of entitlement to such a licence.
4. The symbol of the designation of a person with complete or practical deafness or a deaf-blind person or persons completely or practically blind shall be indicated on the cards of a person with disabilities issued in accordance with points 2 and 3 only if the holder of the licence so requests.
5. The person receiving the mobility allowance shall, within 30 days of the date of publication of this Act, send a written call for proof of entitlement to a person with disabilities as referred to in points 2 and 3, with information on how to prove that entitlement and the indication or evidence of other facts necessary for the issue of a person with disabilities licence. The challenge is delivered to its own hands.
6. Persons who are not beneficiaries of the mobility allowance shall claim the card of the disabled person referred to in points 2 and 3 by submitting an application to the relevant regional branch of the Labour Office on the form prescribed by the Ministry of Labour and Social Affairs.
7. The person shall be required to apply and prove his entitlement to the card of a person with disabilities as referred to in points 2 and 3 by 31 December 2015 at the latest, otherwise that entitlement shall cease.
8. No proceedings shall be conducted on the entitlement to a person with disabilities in accordance with points 2 and 3. The issuing of a licence shall only be recorded in the file.
9. Where the Regional Branch of the Office of Labour has reasonable doubt as to the authenticity or validity of the documents by which the person proves to be entitled to a person with disabilities card as referred to in points 2 and 3, the Regional Branch of the Office of Labour shall initiate an ex officio procedure for the granting of a person with disabilities licence.
10. Where a person requests, in connection with the issue of a disabled person's licence referred to in point 2, that a symbol for the identification of a person with complete or practical deafness or a person with a deaf blind person or a person completely or practically blind, and the authenticity of the marking cannot be demonstrated by that symbol, the district social security administration shall, at the request of the Regional Labour Office, assess whether he is a person with one of those disabilities. If, in the context of this assessment, there is reasonable doubt as to whether a person fulfils the condition of entitlement to a person with disabilities in accordance with point 2, entitlement to such a licence shall be valid for a maximum of 1 year. At the same time, the Regional Branch of the Office of Labour shall initiate an ex officio procedure to change the entitlement to a person with disabilities.
Efficacy
This Law shall take effect on 1 January 2015, with the exception of Article II (5), which shall take effect on the date of its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 329 / 2014 Coll., amending Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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