Act No. 331 / 2012 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, 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., Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended, and Act No. 108 / 2006 Coll., on Social Services, as amended
Valid
Law
Effective from 01.12.2012
Text versions:
01.12.2012
12.10.2012
331
THE LAW
of 19 September 2012
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, 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., Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended, and Act No. 108 / 2006 Coll., on social services, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the State Social Support Act
Act No. 1 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 15 / 2004 Coll., Act No. 15 / 2004 Coll., Act No. 15 / 2003 Coll., Act No. 11 / 2002 Coll., Act No. 15 / 2003 Coll., Act No. 15 / 2003 Coll., Act No. 15 / 2003 Coll., Act No. 15 / 2003 Coll., Act No. 11 / 2002 Coll., Act No. 15 / 2003 Coll.
1. Paragraph 30b (4) is deleted.
2. In the second sentence of Paragraph 31 (1), the words "residence and 'shall be inserted after the words" residence and' and the words "for an authorised person i 'shall be replaced by the words" for an authorised person only and'.
3. In the first sentence of Article 54 (2), the words "and Article 62 (5) 'shall be inserted after the words" Article 53 (1)'.
Transitional provisions
1. The right to a parental allowance which, at the date of entry into force of this Act, did not belong to the parents on account of entitlement to the care allowance shall be due at the earliest from the date of entry into force of this Act on the basis of a written request by the parent. The amounts of the parental allowance paid before the date of entry into force of this Act for the care of the same child are included in the total amount of CZK 220 000.
2. A parent to whom the parental contribution belongs after 31 December 2011 under the legislation effective before the date of the entry into force of Act No. 366 / 2011 Coll., continues to have this contribution in fixed amounts from the date of entry into force of this Act without the possibility of selecting the amount of benefit. In this case, the total amount of parental allowance is not limited to CZK 220 000. The other conditions for entitlement to and payment of the parental allowance shall be assessed in accordance with the legislation effective from the date of entry into force of this Law, including the coexistence of the parental allowance and the childcare allowance which gives entitlement to the parental allowance. The possibility of applying for a change to the parental allowance under the legislation effective from the date of entry into force of this Act on the basis of a written request from the parent is maintained, with the amount of the parental allowance still paid in the care of the same child being credited to the total amount of CZK 220 000.
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., is amended as follows:
1. In Article 6, the following paragraph 4 is added:
"(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 conditions for re-carriage referred to in paragraph 3 shall not apply and shall be followed in accordance with Paragraph 26 (1) (b). ';
2. in Article 9 (5) (a) (1), the words ", setolose, ceiling lifting system, staircase platforms, staircase seats" shall be inserted after the words "motor vehicles."
3. In Article 9, the following paragraph 7 is inserted after paragraph 6:
"(7) Where a special aid allowance is provided for the acquisition of a staircase platform, a staircase seat or a ceiling lifting system, the consent of the owner of the property to the installation and operation of this installation shall also be subject to the condition that the owner of the property is not the person to whom the contribution is granted. '
Paragraphs 7 to 13 shall become paragraphs 8 to 14.
4. In Paragraph 9, the following sentence is added at the end of paragraph 10: "A contribution to a special aid for the acquisition of a stairway platform shall be granted only if the removal of the barrier cannot be achieved by means of a bottler. In the case of a contribution to a special aid for the acquisition of a staircase platform, a staircase seat or a ceiling lifting system, a 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 request of the Regional Branch of the Labour Office. ';
5. In Article 9 (14), "paragraph 12 'is replaced by" paragraph 13';
6. In Paragraph 10 (3), at the end of the second sentence, the words "with the exception of a contribution to a special aid provided for the purchase of a staircase platform with a maximum amount of CZK 400,000 'shall be added.
7. In Paragraph 10 (6), at the end of the first sentence, the words "or CZK 850 000 shall be added if at this time a contribution was granted to a special device for the purchase of a staircase platform."
8. Article 13 shall be deleted, including the title and footnote 11.
9. In Article 23, at the end of the text in point (d), the words "and the reason for transport, if there is an application for a mobility allowance pursuant to Article 6 (4) 'shall be added.
10. In Article 23, the words "except for the application for mobility allowance referred to in Article 6 (4) 'shall be added at the end of the text in point (f).
11. in Article 23, the following point (h) is inserted after point (g):
"(h) the consent of the owner of the property pursuant to Article 9 (7), if there is a request for a contribution to a special aid for the acquisition of a staircase platform, a staircase seat or a ceiling lifting system,"
Point (h) shall be renumbered as point (i).
12. In the second sentence of Section 24, the sentence "The Regional Branch of the Labour Office shall suspend the procedure for the contribution to the special aid 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)."
13. In Section 33, the words "and, for the borrowing agreement, special aids under Section 13 'are deleted.
14. In Article 34, the following paragraph 6 is added:
"(6) The authorised person shall be entitled to issue only one licence of a person with disabilities, which shall indicate a more serious disability, accompanied, where appropriate, by a symbol of the designation of a person with complete or practical deafness, or of a person with a deaf or a person completely or practically blind. ';
15. in Paragraph 37, "§ 9 (11) and (12)" is replaced by "§ 9 (12) and (13)";
16. In Paragraph 38, paragraph 16 is added:
"(16) Paragraph 2 (2) of Act No 114 / 1988 Coll., as effective until 31 December 2011, applies beyond that date if the hardness which would arise in relation to the obligations of the beneficiaries of benefits under Sections 33 (8), 34 (6), 35 (7), 36 (1) and 37 (1) of Decree No 182 / 1991 Coll., as effective until 31 December 2011. '
Transitional provisions
1. The borrowing agreements concluded pursuant to § 13 of Act No. 329 / 2011 Coll., as effective until the date of entry into force of this Act, and the rights and obligations arising from those agreements remain in force after that date.
2. If, before the date of entry into force of this Act, a person has submitted a proposal for the conclusion of a borrowing agreement pursuant to Article 13 of Act No. 329 / 2011 Coll., as effective until the date of entry into force of this Act, and until that date this agreement has not been concluded, he may, instead of the conclusion of a borrowing agreement, apply for a special allowance under Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, to obtain a deficit, a ceiling lifting system, a staircase platform or a staircase seat seat. The Regional Branch of the Labour Office shall immediately forward the first written information to the persons referred to in the sentence. Where the health status of the applicant for a special aid allowance has already been assessed for the purpose of concluding a borrowing contract or a social inquiry has been carried out for that purpose, the Regional Branch of the Labour Office shall base its decision on the contribution to the special aid on that assessment and on the outcome of that social inquiry. The condition of submission of at least 2 proposals for the removal of a barrier pursuant to Section 9 (10) of Act No. 329 / 2011 Coll., as effective from the date of entry into force of this Act, shall be deemed to have been fulfilled if, for the purpose of concluding a borrowing agreement, the procurement procedure for suppliers of special equipment pursuant to Section 13 of Act No. 329 / 2011 Coll., as effective until the date of entry into force of this Act has been completed.
3. The contribution to the installation of the special aid provided for in Article 13 of Act No. 329 / 2011 Coll., as effective until the date of entry into force of this Act, shall be granted after that date, provided that a borrowing agreement has been concluded under that provision. The procedure for the installation allowance shall be followed in accordance with the rules effective until the date of entry into force of this Act.
4. The appeal proceedings against decisions on the installation allowance shall be followed in accordance with the rules effective until the date of entry into force of this Act.
Amendment of the Act on the Labour Office of the Czech Republic and amendment of related laws
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. and Act No. 375 / 2011 Coll., is amended as follows:
1. In Paragraph 4b, the sentence "The holder of a card with the function of a person with disabilities shall also be added at the end of paragraph 6 when a new card with the function of a person with disabilities is issued to him under the law on the provision of benefits to persons with disabilities and on the amendment of the related laws."
2. In Paragraph 4b, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) The front of the social system card shall bear the name and / or surname of the holder of the card, as appropriate. If a social system card has the function of a person with disabilities, the front of that card shall also indicate the type of card of a person with disabilities, possibly accompanied by a symbol of the designation of a person with complete or practical deafness or a person with a deaf or practically blind character, and the card shall bear a photograph of the holder of the social system card of 23 mm x 17,8 mm.
(8) Confirmation of the loss, theft, damage or destruction of a social system card shall include the name and, where applicable, the name of the holder of the replaced social systems card. Where a replaced social system card has the function of a person with disabilities, this certificate shall also include the identification of the type of person with disabilities, possibly accompanied by a symbol of the designation of a person with complete or practical deafness, or of a person with a deaf or a person completely or practically blind. ';
Paragraph 7 shall become paragraph 9.
3. In Paragraph 4b (9), the word "further 'and the word" further' are inserted after the word "model '.
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., is amended as follows:
1. In Paragraph 12, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The increase in the contribution referred to in Article 11 (3) shall also be due to the dependent child from 4 to 7 years of age to which the contribution is due in stage III (heavy dependence) or IV (total dependency). The exemption referred to in paragraph 1 (a) (1) to (3) shall apply mutatis mutandis to the increase in the contribution referred to in the first sentence.
(3) Where an uninsured child fulfils the conditions for entitlement to an increase in the allowance referred to in paragraph 1 (a) and in accordance with paragraph 2, the increase in the allowance shall only be granted once, in accordance with paragraph 2. ';
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
2. In the second sentence of Article 12 (5), the words "pursuant to paragraph 1 'shall be inserted after the words" increasing the contribution'.
3. in § 21 (2) (e) and § 24 (c), the words "under § 12" are replaced by the words "under § 12 (1)";
4. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) The excess in respect of the amounts paid shall not arise in respect of the calendar months for which the entitlement to such an increase has ceased if the recipient of the allowance proves that for those calendar months the same child has been entitled to an increase in the allowance referred to in Article 12 (1) (a). Similarly, this applies to the overpayment for the increase in the contribution provided for in Article 12 (1) (a), provided that it is shown that the entitlement to the increase in the contribution provided for in Article 12 (2) has been established. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 331 / 2012 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, Act No. 329 / 2011 Coll., on the Provision of Benefits to Persons with Disabilities and on the Amendment to Related Acts, as amended by Act No. 141 / 2012 Coll., Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the Amendment to Related Acts, as amended, and Act No. 108 / 2006 Coll., on Social Services, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.2012 |
|---|---|
| Effective from | 01.12.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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