Act No. 367 / 2016 Coll.
Act amending Act No. 111 / 2006 Coll., on aid in material distress, as amended
Valid
Law
Effective from 01.02.2017
Text versions:
01.02.2017
14.11.2016
367
THE LAW
of 19 October 2016
amending Act No. 111 / 2006 Coll., on aid in material distress, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 111 / 2006 Coll., on aid in material need, 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. 306 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 375 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 206 / 2011 Coll., Act No. 329 / 2011 Coll.
1. in Article 3 (1) (a), the words "or, where appropriate, do not exercise such relationships at least 20 hours a month," shall be inserted after the words "not in a working or similar relationship."
2. In Paragraph 9 (2), the second sentence is replaced by the following: "For the purposes of the subsistence allowance, the second sentence is to be taken into account in cases where the exact amount of these costs cannot be determined in accordance with Paragraph 34, but the person concerned demonstrably incurs such costs, up to an amount which is normal but up to a maximum of 75% of the normative housing costs under the State Social Support Act 64."
3. In Article 11 (2), the dot at the end of point (b) is replaced by a comma and the following point (c) is added:
"(c) own work."
4. Paragraph 11 (3) reads as follows:
"(3) The possibility of increasing the income of own work shall not be investigated when assessing a material emergency for a person referred to in § 3 (1) (a) (1) to (10). '
5. Paragraph 12, including the title, reads:
Increase income by own work
(1) As the possibility of increasing income by your own work is assessed
(a) the start of a gainful activity with a person who is not working;
(b) an increase in the extent and intensity of the gainful activity;
(c) the possibility of carrying out a better paid occupation.
(2) An effort to increase the income of own work is considered to be shown
(a) proven own efforts to increase income from gainful activities within the meaning of paragraph 1, in particular active synergies with the Regional Office of the Labour Office in connection with the registration of jobseekers, the use of employment agencies' services, advertising, online offers of gainful activities and correspondence with employers;
(b) the pursuit of community service or short-term employment by the Regional Office of the Labour Office,
(c) the performance of a public service (Paragraph 18a), if the service is performed at least 20 hours a month, only for as long as the person still fulfils the condition referred to in (a). ';
6. In Paragraph 16 (1), the sentence "The fact that a person is not an unjustifiable burden on the system shall also be considered in the case of persons jointly assessed with the person referred to in the first sentence, under the conditions set out in that sentence."
7. Paragraph 18a (3) reads as follows:
"(3) The Regional Branch of the Labour Office may agree with municipalities or other bodies to organise the 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 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, the provision of a public service inspection and the way in which protective equipment and work equipment are provided. The Regional Branch of the Office of Labour will provide the public service organizer with a contribution of up to CZK 1 000 for protective equipment and work for one public service person."
8. In Article 23 (b), "(Article 24 (2)) 'is replaced by" (Article 24 (3))';
9. Paragraph 24, including the title and footnote 61, reads:
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) for a dependent child, for an old-age pensioner, for a third-degree disabled person and for a person over 68 years of age, the amount of the minimum of life, possibly increased in accordance with § 29;
(b) in the case of a person not referred to in (a) who is kept in the register of jobseekers and who, in the last six calendar months before the application for a benefit of assistance in a material emergency, has ended up having a basic employment relationship because of a breach of the obligation arising from legislation relating to the work carried out by him in a particularly gross manner) or has ended up having another working relationship for a similar reason, the amount of the existence minimum; the increase in the amount of living provided for in paragraphs 25 to 28 and 30 does not apply to that person;
(c) in the case of a person not referred to in (a) who owes maintenance to a minor child an amount greater 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 provided for, the amount of the existence minimum, not of the person who incurred the maintenance debt after the application for a living allowance has been lodged and who, because of insufficient income, has submitted to the court an application for cancellation or reduction of maintenance; the increase in the amount of living provided for in paragraphs 25 to 28 and 30 does not apply to that person;
(d) in the case of a person receiving health care in a healthcare establishment for the entire calendar month, except for the person referred to in (a), the amount of the existence minimum; the increase in the amount of living provided for in paragraphs 25 to 28 and 30 does not apply to that person;
(e) for a person who has performed a public service within a period of at least 30 hours in a calendar month, the amount of the existence minimum increased by half the difference between the life minimum of the individual and the existence minimum, or, where applicable, the amounts referred to in paragraphs 25 to 30;
(f) for a person who receives a subsistence allowance of more than 6 calendar months, the amount of the existence minimum; the increase in the amount of living provided for in paragraphs 25 to 28 does not apply to that person. This provision shall not apply to a person who is not being examined for an attempt to increase the income of his own work (Section 11 (3)), a person entitled to unemployment benefit or retraining support, a person who is demonstrably involved in projects organised by the Regional Office of the Labour Office, a person who is employed, a person who is disabled in the second instance and a person who carries out a public service of at least 20 hours in the calendar month,
(g) for a person not referred to in the preceding points, the amount of the existence minima, possibly plus the amounts referred to in paragraphs 25 to 30.
(2) Where a person in material need has received a subsistence allowance in the previous 12 calendar months and no more than 3 calendar months have elapsed since the date of withdrawal of the last grant, the period of six months referred to in paragraph 1 (f) shall be counted against the previous period of the living allowance.
(3) The amount of the livelihood of persons jointly assessed is the sum of the livelihood amounts of persons who are jointly assessed.
61) Articles 55 (1) (b) and 52 (g) of the Labour Code. '
10. Paragraph 25, including the title, reads:
Evaluation of the effort to increase own work income
(1) The person, with the exception of the person referred to in paragraph 2, who has income from a gainful activity shall be increased by 40% of the amount of the difference between the minimum of life and the minimum of existence.
(2) The person who is a candidate for employment and who is demonstrably seeking to take advantage of the additional possibility of increasing the income of his own work pursuant to Article 12 (2) increases the livelihood by 40% of the amount of the difference between the living minimum and the existent minimum. "
11. in Paragraph 26 (1), "half" is replaced by "30%."
12. in Paragraph 27 (1), "half" is replaced by "30%."
13.
Increasing the livelihood of the person seeking employment
The amount of a person's livelihood is increased up to CZK 300 for a person who shows that he has increased costs associated with finding a job or performing a public service, in particular transport, telephone and correspondence. "
14. In the second sentence of Paragraph 33a (5), the words "those persons' shall be inserted after the words" this apartment '.
15. In Paragraph 33a, at the end of paragraph 5, the sentence "If the housing allowance is deducted in accordance with the procedure laid down in the second sentence, it shall be added that, for the purposes of determining entitlement to the housing supplement and its amount, the allowance shall not be deducted again."
16. In Paragraph 46 (2), the sentence "In the circumstances referred to in the first sentence, entitlement to benefit shall be transferred after payment of the amounts due to the oldest of the persons jointly assessed with the deceased, if that person so agrees."
17. in Paragraph 61 (3), the words "unless otherwise agreed with the municipalities or other bodies," shall be added at the end of point (a).
18. In Article 61 (3), the words "unless otherwise agreed with the municipalities or other bodies," shall be added at the end of point (b).
19. in Paragraph 61 (3) (c), the words "taking into account the educational and professional experience achieved" shall be inserted after the words "the exercise of the public service."
20. in Paragraph 61 (3), the words "unless otherwise agreed with the municipalities or other bodies," shall be added at the end of point (c).
Transitional provisions
1. The period of 6 calendar months pursuant to § 24 (1) (f) of Act No. 111 / 2006 Coll., as effective from the date of entry into force of the Act, is calculated from the date of entry into force of the Act.
2. Entitlements for benefits of assistance in material distress belonging to the period prior to the date of entry into force of this Act shall be assessed in accordance with Act No. 111 / 2006 Coll., as effective before the date of entry into force of this Act.
3. Entitlement to a recurring benefit of assistance in material distress granted under Act No. 111 / 2006 Coll., as effective before the date of entry into force of this Act, shall not cease to exist on the date of entry into force of this Act; the body of assistance in a material emergency in such a case shall, not later than 3 calendar months after the date of entry into force of this Act, reassess the entitlement to a recurring benefit of assistance in a material emergency under Act No. 111 / 2006 Coll., as effective from the date of entry into force of this Act.
Efficacy
That law shall take effect on the first day of the third calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 367 / 2016 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.2016 |
|---|---|
| Effective from | 01.02.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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