Act No. 363 / 2019 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended
Valid
Law
Effective from 01.01.2020
363
THE LAW
of 17 December 2019
amending Act No. 117 / 1995 Coll., on State Social Support, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004 Coll.
1. in Article 5 (1) (f), "and housing allowance" shall be replaced by "housing allowance and childbirth allowance."
2. Paragraph 7 (5), including footnote 76, reads:
"(5) Where there is a housing allowance, all persons, with the exception of the persons referred to in paragraph 4, shall be considered as family, as defined under the specific legislation governing the living and existence minimum76).
76) Article 4 of Act No. 110 / 2006 Coll., on Life and Existing Minority, as amended. '
3. in Article 18 (2), the following point (c) is inserted after point (b):
"(c) pursuant to Article 5 (1) (b) (5),"
Points (c) to (g) shall be renumbered as points (d) to (h).
4. Paragraph 24 (1) reads as follows:
"(1) Entitlement to the housing allowance shall be granted to the owner or tenant of the flat if:
(a) the cost of housing exceeds the amount of the product of the owner's or tenant's principal income and the persons jointly assessed and the coefficient of 0,30, and in the territory of the capital of Prague the coefficient of 0,35, and
(b) the product of the relevant income and coefficient of 0,30 and, in the territory of the capital city of Prague, the coefficient of 0,35 is not higher than the amount of the normative housing costs. "
5. In the first sentence of Paragraph 24 (2), the words "if declared permanent residence 'are deleted.
6. Paragraph 24 (4) reads as follows:
"(4) Where the beneficiary changes residence during the calendar month, that change shall be taken into account for the purposes of the housing allowance only from the following calendar month. This shall also apply where the person assessed jointly changes residence during the calendar month or becomes the owner or tenant of the apartment. ';
7. in Article 25 (3) (a), the words "and at the same time have been reported for permanent residence" shall be deleted;
8. in Article 25 (3), point (b) is deleted;
Point (c) shall be renumbered (b).
9. In Paragraph 30 (1), "CZK 220 000 'is replaced by" CZK 300 000'.
10. In § 30 (3) (a) and (b) the amount "7 600 CZK" is replaced by "10 000 CZK."
11. in Paragraph 30 (3) (b), the words "monthly. Where, for each parent, a daily assessment basis can be established at the date of birth of the child, the higher daily assessment basis shall be replaced by" monthly. "when determining the amount of the parental allowance, the daily assessment basis of the parent, which is supported by the parent's claim for the parental contribution, shall be based on that daily assessment basis; If the daily assessment bases of both parents are documented, the higher one shall be based on '.
12. In Article 30c, the following paragraph 3 is added:
"(3) In the event that a parent takes care of multiple children and one or more children from such multiple children die, while the parent further takes care of at least one child, the Minister of Labour and Social Affairs may, on request, remove the hardness of the law in exceptional cases, depending on the overall social circumstances of the family and the duration of the care of multiple children, decide by way of derogation from the procedure laid down in paragraphs 1 and 2. ';
13. in Paragraph 31 (3) (a), "46" is replaced by "92."
14. In the second sentence of Paragraph 51 (3), the words "until 31 October 'are replaced by the words" until 30 September' and the words "at the end of the second sentence 'are added if, in justified cases, the Regional Branch of the Labour Office does not allow proof of the child's insecurity at a later date'.
15. In Paragraph 54a (1), the amount "220 000 CZK" is deleted.
16. in Article 54a, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
17. in Article 54a (3), the words "or foster parents" shall be deleted and the words "pay parents' or" pay foster parents' (foster parents' remuneration in special cases) shall be replaced by the words "pay parents'.
18. in Article 59 (1) (c), the words "or Article 35" shall be deleted;
19. Paragraph 59 (3) is deleted.
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
20. In Paragraph 65, the following paragraph 3 is added:
"(3) The staff of the State Social Support Body shall be entitled, on the basis of the consent of the applicant for the housing allowance or the recipient of the housing allowance in connection with the performance of the tasks under this Act, to enter the dwellings used by the person and jointly assessed persons, with a view to carrying out an on-the-spot investigation to establish the conditions of entitlement to and the amount of the housing allowance. Where the applicant for the housing allowance or the recipient of the housing allowance or the person assessed jointly does not agree to the entry into the accommodation or makes it impossible to carry out an on-the-spot investigation to verify the facts applicable to the entitlement to or the amount of the housing allowance, the State aid authority shall not grant or withdraw the housing allowance; the decision to withdraw may be the first administrative action. ';
21. In Paragraph 67 (2), the sentence "Management shall not be carried out in the event of a change in the amount of the benefit, withdrawal or cessation of payment of the benefit referred to in Article 61, and in the case of payment of the difference between the amount of the parental allowance and the sickness insurance benefits referred to in Article 30b (3) shall be inserted after the first sentence; such information shall be given."
22. In the third sentence of Article 67 (4), the words "where a legal representative (person referred to in the second sentence) has not applied for the benefit no later than two months after the date on which he was sent a written invitation from the Regional Branch of the Labour Office to apply for the benefit of a minor, or where the legal representative (persons referred to in the second sentence) is not known '.
23. in Article 68 (1) (c) (1), the word "their" shall be replaced by "daily" and at the end of the text of the point the words "parent from whom the entitlement and the amount of the parental allowance should be withdrawn according to the application submitted" shall be added.
24. in Article 69 (1), the words "if not the cases referred to in the second sentence of Article 67 (2)" shall be added at the end of the text of point (a).
25. in Article 69 (1), the words "and in the second sentence of Article 67 (2)" shall be added at the end of the text of point (b).
26. in § 69 (1) (c), the words "and § 58 (2)" shall be replaced by the words "§ 58 (2) and the second sentence of § 67 (2)";
27. In Paragraph 70, the following paragraph 3 is inserted after paragraph 2:
"(3) In the cases referred to in the second sentence of Paragraph 67 (2), objections may be raised within 30 days of the date of the first instalment of the benefit following a change in its amount or from the date of withdrawal or cessation of payment of the benefit. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
28. in Article 70 (5) and (6), "and 3" shall be replaced by "to 4."
Transitional provisions
1. Parental allowance of the amount according to Act No. 117 / 1995 Coll., as effective from the date of entry into force of this Act, shall belong from the calendar month in which this Act takes effect, also to parents who care for a child or children up to the age of 4 years who are the youngest in the family, and at the same time have not benefited by that date in the total amount of the parental allowance for that child or children in accordance with Act No. 117 / 1995 Coll., as effective before the date of entry into force of this Act. At the same time, when determining the entitlement and the amount of the parental allowance under Act No. 117 / 1995 Coll., as effective from the date of entry into force of this Act, the amount of parental allowance paid in the care of the child or children shall be taken into account for the period before the date of entry into force of this Act. The Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague shall deliver a written communication to the recipients of the parental contribution no later than the end of the calendar month following the calendar month in which the Act takes effect, on the change in the amount of the parental contribution; This communication shall not be delivered to its own hands.
2. In the case of a parent who, although caring for a child or children under the age of 4, is the youngest in the family but has already completed the total amount of the parental contribution in accordance with Act No. 117 / 1995 Coll., as effective before the date of entry into force of this Act, the difference between the total amount of the parental contribution in accordance with Act No. 117 / 1995 Coll., as effective before the date of entry into force of this Act, and the maximum amount of the parental contribution in accordance with Act No. 117 / 1995 Coll., as effective from the date of entry into force of the Act, is no longer.
3. In order to determine the entitlement and the amount of the monthly amount of the parental allowance, the daily assessment basis for determining monetary assistance in maternity or sickness in connection with the birth or taking over of a child under the sickness insurance law is still decisive.
Efficacy
This Act shall enter into force on 1 January 2020, with the exception of Article I (2), (4) to (8) and (20), which shall take effect on 1 July 2020.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 363 / 2019 Coll., amending Act No. 117 / 1995 Coll., on State Social Aid, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2019 |
|---|---|
| Effective from | 01.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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