What is Act No 366 / 2011 Coll.?

Act No. 366 / 2011 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on social services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws — Act amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws.

When it became Act No 366 / 2011 Coll. effectiveness?

Act No 366 / 2011 Coll. became effective 01.01.2012.

Is Act No 366 / 2011 Coll. still valid?

Yes, Act No 366 / 2011 Coll. is still valid and effective.

Act No 366 / 2011 Coll.

Act amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws

Valid Law Effective from 01.01.2012

ČÁST PRVNÍ Čl. I „§ 6 „§ 7 „§ 10 „§ 18a „§ 24 „§ 34 „§ 35 „§ 35a „§ 54 „§ 61 Čl. II ČÁST DRUHÁ Čl. III „§ 8 § 9 § 10 „HLAVA III § 12 „§ 18 „§ 24 „§ 83 „§ 93a „§ 111 Čl. IV ČÁST TŘETÍ Čl. V „§ 2a „§ 27a „§ 30 „§ 54a Čl. VI ČÁST ČTVRTÁ Čl. VII „§ 4 § 4a § 4b Čl. VIII ČÁST PÁTÁ Čl. IX ČÁST ŠESTÁ Čl. X ČÁST SEDMÁ Čl. XI ČÁST OSMÁ Čl. XII ČÁST DEVÁTÁ Čl. XIII ČÁST JEDENÁCTÁ Čl. XV ČÁST DVANÁCTÁ Čl. XVI

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366

THE LAW

of 6 November 2011

amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Change of aid law in material emergency

Čl. I

Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 239 / 2008 Coll., Act No. 206 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 141 / 2010 Coll., Act No. 347 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll. and Act No. 329 / 201, is amended as follows:

1. in Paragraph 2 (5) (b):

"(b) to cover the costs of acquiring or repairing the necessary basic articles of a long-term need; or"

2. in Article 2 (5), the following point (c) is added:

'( c) to cover justified costs relating to the education or interest of a dependent child and to ensure the necessary activities related to the social protection of children59).

59) § 1 of Act No 359 / 1999 Coll. '.

3. in Article 3 (1) (a):

"(a) is not in a work or similar relationship, nor is he self-employed and is not kept in the register of jobseekers, except for the person who is:

1. over 68 years,

2. old-age pensioner,

3. third-degree disabled,

4. a person receiving cash sickness insurance benefits on account of pregnancy and maternity or parent, on a daily basis, in person and duly caring for at least 1 child and for that reason receiving a parental allowance, during the period of entitlement to the parental allowance and after that period of care for a child who, for serious reasons, cannot be placed in a nursery or nursery or similar establishment;

5. Person personally caring for a child under 10 years of age dependent on the assistance of another natural person at the level I or a person personally caring for a person dependent on the assistance of another natural person in stage II (moderate dependency), or in stage III (severe dependency) or stage IV (complete dependency), provided that the application for a care allowance for a person dependent on the assistance of another natural person has been indicated or declared to the competent authority after the granting of the care allowance as providing assistance 17a); where there are more carers, this provision may be applied only to one of them, which has been determined by their written agreement, and where it is not assessed, this provision shall not apply at all;

6. the beneficiary of the care allowance at stage II (moderate dependence), or at stage III (severe dependence) or at stage IV (total dependence),

7. Unequipped child,

8. Accepted temporarily incompetent work,

9. work incapacitated for a reason which would justify the decision of the nursing doctor on temporary incapacity for work with an insured person under the sickness insurance law, '.

4. In Paragraph 3 (1) (d), the words "or the cooperating person 'are deleted and, at the end, the words"; a self-employed person shall be regarded as a self-employed person under the Pension Insurance Act 60)';

Footnote 60 reads as follows:

"60) § 9 of Act No. 155 / 1995 Coll., as amended."

5. In Article 3 (1) (f), the words "and this has lasted throughout the calendar month 'shall be replaced by the words" from the first day of the calendar month following the calendar month in which that fact occurred, provided that that fact continues to exist on that date'.

6. in Paragraph 3 (1), point (g) shall be deleted;

Point (h) shall be renumbered as point (g).

7. In Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:

"(h) is a person who has been withdrawn pursuant to Article 45 (2) or Article 49 (5) or jointly assessed by him for a period of 3 calendar months following the calendar month in which the levy was withdrawn."

8. Paragraph 3 (2) and (3) read:

"(2) Where the person referred to in paragraph 1 (a) to (e), (g) or (h) is a person jointly assessed in accordance with Paragraph 2 (1), he shall be assessed jointly for the purpose of establishing entitlement to the benefit; This person shall also be taken into account when determining the amount of the benefit, except for the amount of the subsistence allowance provided for in Section 23 (b). A person who is not an authorised person shall also be considered to be a jointly assessed person under the first sentence for the purposes of establishing entitlement to the benefit.

(3) In justified cases, the aid authority may determine that the person referred to in paragraph 1 (a) to (e), (g) and (h), and the child who is not provided for by a decision of the competent authority in full direct provision in the social services accommodation provided for in Section 48 of the Social Services Act, shall be regarded as a person in material need. "

9. In Paragraph 3 (4), the words "and such collateral may be claimed fairly 'are deleted.

10. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:

"(2) The subsistence allowance and the supplement to the housing allowance are monthly repayments. Emergency immediate assistance is a single dose."

Paragraph 2 shall become paragraph 3.

11. in Article 4 (3), the words "from the funds obtained by the competent authority in the form of a subsidy granted under the special legislation (6)" including footnote 6 shall be deleted;

12. in Article 5 (1) at the end of the text of points (a) to (e) and in Article 5 (2) at the end of the text of point (b), the words "if he resides in the Czech Republic" shall be added.

13. In Article 5, at the end of paragraph 3, the sentence "In cases of emergency emergency assistance provided for in Article 2 (5) (a), the residence condition in the Czech Republic shall not be identified."

14. In Article 5, the following paragraph 6 is added:

"(6) The person is resident in the Czech Republic, in particular if he is long-term resident there, has a gainful activity there, lives with his family there, has compulsory schooling there or is constantly preparing for a future occupation there, or there are other important reasons, interests or activities, the connection of which is evidenced by the connection between him and the Czech Republic."

15.

„§ 6

Bodies to assist in material emergency

The authorities of aid in material emergency are

(a) Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague ("Regional Branch of the Labour Office"),

(b) Ministry of Labour and Social Affairs ("the Ministry"). '

16.

„§ 7

Authorised municipal authorities, municipal authorities with extended scope and local authorities

In the field of aid in material distress, the municipal authorities, municipal authorities with extended competence and local authorities also perform certain tasks. The exercise of the scope laid down by the entrusted municipal authorities and municipal authorities with extended scope shall be the exercise of the delegation. ';

17. in Paragraph 8, paragraph 1 is deleted;

Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.

18. In Article 8, the sentence "In order to prove the fact referred to in the first sentence, it is not only a written declaration by the applicant for the benefit is sufficient to be added at the end of paragraph 2."

19. In Paragraph 9 (1) (a), the words "The Office of the Labour of the Czech Republic - Regional Branch or branch for the City of Prague (hereinafter referred to as the Regional Branch of the Labour Office)" shall be replaced by the words "Regional Branch of the Labour Office."

20. in Paragraph 9 (3) (a), the words "social bonus and" shall be deleted;

21.

"17) § 36 et seq. of Act No. 117 / 1995 Coll. '.

22. Paragraph 10, including the title, reads:

„§ 10

Current calendar month and reference period

(1) The current calendar month shall mean the calendar month in which the application for a benefit was lodged and the calendar month in which the entitlement to benefit is assessed and the amount of the benefit determined during the period of granting of the levy.

(2) The operative period for which income is to be collected in the event of a benefit application is:

(a) for recurrent benefits, the period of 3 calendar months preceding the current calendar month; However, where a person or at least one of the persons jointly assessed has suffered a significant decrease in income and a substantial decrease in income continues to exist in the current calendar month, the period shall begin with the calendar month in which the substantial decrease in income occurred, but first with the calendar month preceding the current calendar month by 2 calendar months and ending with the current calendar month; in particular, loss of income from the gainful activity, cessation of the payment of unemployment benefit or retraining aid, and termination of the parental contribution shall be considered as a substantial decline in income;

(b) for a single dose, the period of the calendar month preceding the current calendar month.

(3) The period for which income is to be collected in the course of the provision of the recurrent levy is the period of the calendar month preceding the current calendar month.

(4) The relevant period for determining whether a citizen of a Member State of the European Union or his family member is not an unjustifiable burden on the system of assistance in material distress is the current calendar month.

(5) The period for which compliance with the other conditions is to be determined in the event of a request for a recurrent dose and during the period of provision of the repeated dose is the calendar month preceding the current calendar month. The first sentence shall not apply in cases where the assessment of whether:

(a) the person is not in a work or similar relationship or is not self-employed;

(b) the person is not kept in the register of applicants for employment;

(d) a person has not been entitled to sickness under another legislation 5c) his own fault;

(e) a person does not use property which allows him to satisfy his or her basic needs;

(f) the person has not claimed claims and claims;

(g) the person is not entitled to unemployment benefit or retraining;

(h) the person's health does not require diet;

in such cases, the relevant period shall be the current calendar month.

(6) Where, in the case of a claim for a benefit, there is a substantial decrease in income for at least one of the persons jointly assessed, it shall be deemed to be a substantial decrease in income for all persons jointly assessed. ';

23. in Article 11 (1), "3 to 7" is replaced by "4 to 6";

24. in Article 11 (2), point (a) is deleted;

Points (b) and (c) shall become points (a) and (b).

25. in Article 11, paragraph 3 is deleted;

26. In the first sentence of Article 11 (6), the words "movable or 'shall be inserted after the words" other use' and the second sentence shall be deleted.

27. in Article 11, paragraph 7 is deleted;

28. In Article 11 (8), the words "persons or" shall be inserted after the words "amounts of life minima."

(29) Sections 12 and 17 shall be deleted, including the title and footnote 21a.

30. in Article 16 (2) (f) to (h), the words "or (b)" shall be deleted;

31. Paragraph 18a, including the title, reads:

„§ 18a

Public service

(1) Public service means assistance to municipalities or other bodies in particular in the areas of environmental improvement, maintaining the cleanliness of the streets and other public areas, assistance in the field of cultural and sporting development and social welfare. The public service is carried out by persons in material need and by persons on the record of jobseekers (54), on the basis of a written contract containing the essential details of such persons (name and / or surname, date, month and year of birth and permanent residence, etc.), the place, object and duration of the public service, concluded with the Regional Branch of the Labour Office in agreement with the municipality or other body. There is no remuneration for the performance of the public service.

(2) When negotiating the scope of working time, rest periods, conditions for ensuring safety and health at work, labour legislation shall apply to the performance of the public service. For the performance of the public service by a person under 18 years of age, the labour law governing the working conditions of young workers shall apply. In the event of the conclusion of a public service contract, the Regional Branch of the Labour Office shall conclude an insurance contract covering liability for damage to property or health caused or caused by a public service person, unless otherwise agreed with the municipalities or other bodies.

(3) The Regional Branch of the Labour Office may agree with municipalities or other bodies to organise a public service. The written contract concluded in accordance with the first sentence contains the conditions for the registration of public service persons (the register contains the basic information on those persons, including information on the opening of the public service, the termination of the service and its evaluation), the granting of binding instructions in the performance of the public service and the provision of a public service inspection. The Regional Branch of the Office of Labour shall provide the public service persons with protective equipment and means of work, unless otherwise agreed with the municipalities or other bodies. ';

32. Paragraph 21 (2) is deleted.

Paragraph 3 shall become paragraph 2.

33. In the second sentence of Article 22 (1), the word "income 'is replaced by" pension' and the words "to an extent exceeding the amount of the allowance granted in a monthly manner 'are deleted.

34. in Paragraph 22 (3):

"(3) The beneficiary of the subsistence allowance referred to in paragraph 1 who receives the expected pension shall be obliged to return the subsistence allowance or part thereof on the basis of a decision of the institution of assistance in material distress which has paid him the benefit to that authority. This obligation shall also apply to a person who has been jointly assessed with the recipient. If the actual pension obtained is lower than or part of the living allowance, the obligation to return the living allowance or part thereof shall cease. ';

35. in Article 23 (b), the words "Paragraph 24 (3)" shall be replaced by the words "Paragraph 24 (2)" and the words "shall be added at the end of the text; however, if, in the context of the persons assessed jointly for the purpose of assistance in material distress, one of the persons is not considered to be a person in material distress or is not an authorised person, the amount of the subsistence allowance shall be determined without a proportion of the subsistence allowance per person who is not considered to be a person in material distress or not an authorised person."

36. Paragraph 24, including the title and footnote 61, reads:

„§ 24

Amount of livelihood of a person and amount of livelihood of persons assessed jointly

(1) The amount of the person's livelihood shall be:

(a) in the case of a dependent child, the amount of the minimum of life, possibly increased in accordance with Paragraph 29;

(b) for a person who is kept in the register of jobseekers and, in the last six calendar months before the application for a benefit of assistance in a material emergency, the basic employment relationship has ended because of a breach of the obligation arising from the legislation relating to the work carried out by him in a particularly gross manner (61) or another working relationship has ended for a similar reason, the amount of the existence minimum; the increase in livelihood according to § 26 to 28 does not belong to that person,

(c) for a person not referred to in points (a), (b), (d) or (e), the amount of the existence minimum, plus, where appropriate, the amounts referred to in paragraphs 26 to 29;

(d) in the case of a person who is not referred to in (a) or (a) (3) (a) (1) to (9) and who owes a maintenance allowance to a minor child more than three times the monthly instalment provided for in the decision of the court, or more than the amount which would amount to 3 months, if the maintenance obligation is otherwise imposed, the amount of the minimum of the existence, not least of the person who has incurred the maintenance debt after the application for the living allowance has been lodged and who, on account of insufficient income, has submitted to the court a claim for cancellation or reduction of the maintenance; the increase in livelihood according to § 26 to 28 does not belong to that person,

(e) for a person receiving healthcare in a healthcare establishment for the entire calendar month, the amount of the existence minimum; the increase in the amount of living provided for in paragraphs 26 to 28 does not apply to that person.

(2) The amount of the livelihood of jointly assessed persons is the sum of the livelihood of persons who are jointly assessed.

61) Articles 55 (1) (b) and 52 (g) of the Labour Code. '

footnote 21 is deleted.

37. Paragraph 25 shall be deleted, including the title.

38. in Paragraph 26 (1):

"(1) Entitlement to increase the amount of livelihood by half the amount of the difference between the minimum of lives of persons (31) and the minimum of existence of the person who holds the property

(a) it does not;

(b) it has but cannot be used to increase income;

39. in Paragraph 26 (2), the word "immovable" shall be deleted, the number "6" shall be replaced by "3" and the words "not by the person referred to in paragraph 1 (b)" shall be deleted;

40. Paragraph 26 (3) reads as follows:

"(3) Where a person is excluded from the group of persons in material need due to the non-use of the property to increase income and if he again applies for the benefit within 3 calendar months of the date of withdrawal of the benefit, he shall be deemed to be the person referred to in Article 3 (4). Where a person has a property which does not benefit from an increase in income and is interrupted in receipt of a benefit of assistance in material distress before the expiry of 3 calendar months from the date of the grant of the benefit and that person reapplies for the benefit within 3 calendar months of the date of withdrawal of the benefit, they shall be counted against the period necessary for the evaluation of the assets referred to in paragraph 2, as well as the time taken in the previous receipt of the benefit. ';

41.Paragraph 27 (1) reads as follows:

"(1) Entitlement to increase the amount of livelihood by half the amount of the difference between a person's minimum of living (31) and an existent minimum is granted by a person who:

(a) it has neither claims nor claims;

(b) it has clearly claimed all of its claims and claims. "

42. In Paragraph 27 (2), "6 'is replaced by" 3';

43. In Article 28, the words "uninsured child 'are replaced by the words" minor child' and the words including the words in the heading "undependent children 'are replaced by the words" minors'.

44. At the end of Paragraph 28, the sentence "If the assets of a minor child are not used, even if they could be used for the benefit of the other persons jointly assessed, on the basis of the opinion of the competent authority of the social protection of children, or if the claims and claims of that child are not properly exercised after the expiry of the 3 calendar months for which the subsistence allowance is received, the parent (legal representative) of that child shall be deemed to be the person referred to in Article 3 (1) (c). ';

45. Paragraph 30 shall be deleted, including the title.

Article 46 (32) shall be deleted;

47. In Paragraph 33 (1) of the introductory part of the provision, the words "reduced by a housing allowance under another legislation" shall be inserted after the words "housing costs."

48. in Paragraph 33 (3):

"(3) The entitlement to a housing supplement shall be subject to entitlement to the subsistence allowance. The housing supplement may be granted, taking into account its overall social and property situation, also to a person who has not been granted a subsistence allowance on the grounds that the income of the person and of the persons jointly assessed exceeded the amount of the livelihood of the person and of the persons jointly assessed but did not exceed 1.3 times the amount of livelihood of the person and the persons jointly assessed. '

49. In the first sentence of Paragraph 33 (5), the word "long-term 'is deleted.

50. In Paragraph 33 (5), the first sentence is replaced by the following: "The accommodation of persons in homes for seniors, homes for disabled persons, homes with special regime and sheltered housing under the Social Services Act 62 is also considered to be a case of special consideration."

Footnote 62 reads:

"62) Act No. 108 / 2006 Coll., on Social Services, as amended. '

51. In the third sentence of Article 33 (5), the words "and third 'are deleted and the words" in this case' are replaced by the words "in these cases'.

52. In Paragraph 33, at the end of paragraph 8, the sentence "In cases of special consideration, the institution may provide assistance in a material need to determine that the housing supplement shall be granted even if the condition of the declaration of residence according to the first sentence is not met. '

53. Paragraph 34, including footnotes 34, 63 and 64, reads as follows:

„§ 34

(1) The justified cost of housing is included

(a) rent and, where appropriate, similar costs associated with cooperative and ownership forms of housing, and regular remuneration for services connected with the use of the flat; rental means rent paid in rental apartments, up to the amount that is customary at the place, or up to the amount of the target rent, in accordance with the Act on unilateral increases in rent from by34); similar costs associated with cooperative forms of housing means the amount of demonstrable costs, but up to the maximum of the costs mentioned for this form of housing in the State Social Support Act (63); the payment of services directly linked to the use of an apartment, or similar ownership forms of housing, means payment for central (remote) heating and for the supply of hot water, for cleaning of common spaces in the house, for the use of elevators, for the supply of water from water ducts and waterworks, for the drainage of waste water through sewerage, for the lighting of common spaces in the house, for the removal of solid municipal waste, for the fitting of a common television and radio antenna apartment, and, where appropriate, other demonstrable and necessary services related to housing,

(b) reimbursement of the necessary energy consumption; the reimbursement of the necessary energy consumption, as demonstrated, means the payment of the supply and consumption of electricity, gas and, where applicable, expenditure on other types of fuels, at a level that is normal at the place; and

(c) in cases of special consideration when using other than rental or ownership forms of housing, reimbursement of the costs referred to in (a) and (b), up to a maximum of the normative costs under the State Social Support Act (64).

(2) The level of remuneration for the demonstrable necessary energy consumption is determined as the average price for the supply of energy to a housing unit of a certain size, as communicated by the relevant suppliers of such energy, but not exceeding the actual remuneration.

(3) In justified cases, the amounts determined in accordance with paragraph 2 may be increased by up to 10%. In particular, long-term illness of a person and increased energy consumption due to severe disability are considered to be justified cases.

34) Act No. 107 / 2006 Coll., on unilateral increase of rent from the apartment and amending Act No. 40 / 1964 Coll., Civil Code, as amended.

63) Paragraph 25 (1) (b) of Act No. 117 / 1995 Coll., as amended.

64) Paragraph 26 (1) (a) of Act No. 117 / 1995 Coll., as amended. '

54.

„§ 35

Amount of the housing supplement

The amount of the housing supplement per calendar month shall be the difference between the amount of the justified housing costs for the current calendar month, less the housing allowance (12) paid in the month immediately preceding the current calendar month, and the amount by which the income

(a) persons (Paragraph 9 (1)), plus a paid subsistence allowance, exceed the amount of the person's livelihood; or

(b) persons and persons jointly assessed (Paragraph 9 (1)), plus a paid living allowance, exceed the amount of living of the persons jointly assessed; However, if, within the framework of the jointly assessed persons who are assessed for the purpose of assistance in material distress, one person is not considered to be a person in material distress or is not an authorised person, the amount of the housing supplement shall be determined with a proportion of the subsistence allowance per person who is not considered to be a person in material distress or is not an authorised person. ';

55. After Paragraph 35, the following Section 35a is inserted:

„§ 35a

Duration of payment for housing

(1) The housing supplement is valid for a maximum of 84 calendar months in a period of 10 calendar years. All periods of receiving a housing supplement in the last 10 years before the calendar month for which the beneficiary applies for this supplement shall be added up, including when the apartment is changed with the same beneficiary.

(2) The maximum permissible period for receiving a housing supplement of 84 calendar months referred to in paragraph 1 shall not apply if it is an apartment,

(a) which is used by a person who has been granted an allowance for the modification of the flat under special legislation (19);

(b) a specific designation under the Civil Code if it is used by a person whose medical condition requires special treatment;

56. In Paragraph 37 (d), the words "or (c)" shall be inserted after the words "Paragraph 2 (5) (b)" and the words "this" shall be replaced by the words "each of these."

57. In Article 38 (3), the words "from the date on which all the conditions for entitlement to the benefit have been fulfilled, but first 'are deleted, after the words" first day', the word "calendar 'shall be inserted and at the end of the text of the paragraph shall be added" if the person has also fulfilled all the conditions for entitlement to the benefit, otherwise from the first day of the calendar month in which he has fulfilled the above conditions'.

(58) Paragraph 41 shall be deleted, including the title.

59. In the first sentence of Paragraph 43 (1), the word "regular 'shall be deleted.

60. In Article 43 (2), the first sentence is replaced by the following: "The housing supplement shall be paid in the calendar month for which it is due, within the monthly periods specified by the payer."

61. Paragraph 43 (4), including footnote 65, reads as follows:

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Regulation Information

Citation	Act No. 366 / 2011 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, Act No. 108 / 2006 Coll., on social services, as amended, Act No. 117 / 1995 Coll., on State Social Support, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	06.12.2011
Effective from	01.01.2012
Effective until	-
Status	Valid

Legal Areas: Social security benefits Finance Social security law Proceedings in social security matters Budget Social Services, Social Assistance Social security management Administrative offences Administrative law Old age insurance, Old age pension Minimum of life, Emergency

The regulation text is for informational purposes only.