Act No. 382 / 1990 Coll.
Law on parental contributions
Valid
Effective from 01.10.1990
382
THE LAW
of 18 September 1990
on the parental contribution
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
In order to improve the conditions of families caring for young children, a parental allowance (hereinafter referred to as "the allowance ') shall be granted as a State benefit.
Conditions of entitlement and duration
(1) Entitlement to the allowance shall be granted to a parent if he personally and properly cares for at least one child of age
(a) within three years; or
(b) under seven years of age if the child is a child who, according to the opinion (decision) of the competent State authority (1), is severely disabled in the long term and requires exceptional care or exceptional care particularly demanding.
(2) The condition for entitlement is also that the parent and child are permanently resident in the territory of the Czech and Slovak Federal Republic.
(3) For the purposes of this Act, a parent shall also mean a person other than the mother or father of the child if he has taken the child into permanent care replacing the care of the parent. A child who has been taken into custody by a competent authority, the child whose parent has died, and the child of the spouse who has been entrusted to him by the court's decision, shall be considered to have been taken into permanent care by the parent.
(1) The allowance shall be granted only if, at the time of childcare, the parent is not entitled to a wage (salary, salary) or other income from a gainful activity or does not receive cash sickness benefits replacing the income from the gainful activity, the physical security of the jobseeker (2) or contributions belonging to citizens with altered working capacity at the time of their occupational rehabilitation, (3) unless otherwise provided in the following provisions.
(2) Where a parent, at the time of caring for a child referred to in Article 2 (1), is entitled to cash sickness benefits replacing income from gainful employment, physical security for jobseekers (2) or contributions due to citizens with altered working capacity at the time of their occupational rehabilitation (3), which are less than the allowance (§ 7 (1) and (2)), the allowance shall be granted at the rate of the difference between that allowance and those benefits (contributions).
(1) The allowance is due even if the parent is employed if:
(a) is employed for a period not exceeding two hours a day or his income from a gainful activity, without deduction of tax, does not exceed 1000 CZK per month; or
(b) are parents of a single, widowed, divorced or for other serious reasons of a lonely person who does not live with a species;
and the child he cares for is not placed in a nursery (nursery) or similar establishment, where appropriate, and the parent has provided him with the necessary care by another person during the gainful work.
(2) The allowance shall be payable even if the parent receives cash sickness benefits replacing the income from the gainful activity referred to in paragraph 1; § 3 (2) shall not apply here.
(3) The condition of personal day-care for a child shall be deemed to be fulfilled if the cases referred to in paragraph 1 are also those referred to in the case of pupils and students who are continuously preparing for a future occupation by studying or prescribed training, with the exception of students of military universities and school students abroad, if they are not employed or self-employed during the course of their studies and if the child is not placed in a nursery (nursery) or similar establishment, as the case may be. The placement of a child in a nursery (nursery) or similar institution shall not be considered as a regular visit to a rehabilitation facility which does not exceed four hours a day and, in the case of a child, a long-term disability or a regular visit to a pre-school facility which does not exceed four hours a day.
If, for health reasons, the child is in constitutional care for more than three months, the allowance shall not apply from the fourth month onwards.
(1) When caring for the same child, the allowance shall be paid only once; If more than one person fulfils the conditions for entitlement to the grant and if the beneficiary is not assessed, the allowance shall be paid preferably by the mother, the father, another woman.
(2) If there are several children in the family referred to in Paragraph 2 (1), only one of the spouses shall receive the allowance in the care of those children; This applies mutatis mutandis if it is for the other beneficiaries (Section 2 (3)).
Amount and payment
(1) The allowance is 1200 CZK for each calendar month.
(2) If the contribution is due only for part of a calendar month, the amount for each calendar day shall be 40 CZK.
(3) The allowance shall be paid on a monthly basis, at the latest by the end of the calendar month following the month in which the conditions for entitlement to the allowance have been met.
(4) The allowance shall not be paid abroad.
(5) The allowance shall not be subject to tax and may not be affected by the enforcement of a judgment ordered by a court or administrative authority unless otherwise provided in Paragraph 11 (3).
Application of entitlement
(1) Entitlement to the allowance
(a) an occupational worker and persons who are involved in sickness insurance as workers, to the person who carries out their sickness insurance;
(b) members of agricultural cooperatives, for which the content of membership is also a working relationship, for the cooperative in which they are active;
(c) soldiers and soldiers in active employment, police officers and police officers, members and members of the Federal Security Information Service and the corps of Correctional Education with the authorities carrying out their sick care;
(d) other persons with a competent authority (4)
(2) If a parent has two or more jobs (gainful activities), he or she will choose who of those who carry out his or her sickness insurance (insurance) to benefit from the allowance.
Termination of entitlement
Entitlement to the allowance for the calendar month shall expire three years after the last day of the month for which the allowance was due.
Commitment obligations
(1) A parent who claims a contribution under this Act is obliged to demonstrate the facts which are required to be declared.
(2) The recipient of the contribution shall notify the payer of the contribution within eight days of any changes in the facts which are relevant for its provision.
Amendment and reimbursement
(1) Where the facts relevant to the entitlement to or the amount of the allowance change or fall back, or where the allowance has been awarded unjustly or in an incorrect amount, the allowance shall be withdrawn or reduced as from the date on which any of the above grounds for such measures occurred; However, if it has already been paid, it shall be withdrawn or reduced from the day following the last day for which it has already been paid. The increase shall be made from the date from which it belongs.
(2) If the beneficiary has caused the contribution to be paid unjustly or to an incorrect amount, he shall be obliged to repay it; This is particularly true if the contribution has lured out, withheld any operative event or failed to fulfil any other obligation imposed by this law. The obligation to refund the excess is decided by the competent State authorities. 5) The entitlement to reimbursement of the contribution granted unjustly or incorrectly shall expire one year after the date on which the competent State authority has established this fact but no later than three years after the date of payment of the contribution. An appeal may be brought before the Regional Court against the decision on the obligation to repay the excess which was given in the appeal proceedings. 6)
(3) Amounts wrongly received if the beneficiary is obliged to repay them on the basis of an enforceable decision, may also be deducted from the contribution normally paid or subsequently granted or from the salary (salary, remuneration) or other income from the gainful activity; the provisions on amounts which cannot be confiscated in the course of the execution of judgments by a wage deduction apply mutatis mutandis. 7)
Contribution management
(1) The allowance shall be decided by the competent authority responsible for carrying out sickness insurance, the parent of which shall be responsible; the rules on sickness insurance shall apply mutatis mutandis to decisions on the allowance, the management of the allowance and the payment thereof.
(2) In other cases, a decision on the contribution shall be taken and paid by the competent State authority [Paragraph 8 (1) (d)]; it follows the administrative procedure.
(3) The rules on sickness insurance shall apply mutatis mutandis to the tasks of organisations and competent national authorities as well as to the reporting, clearing and reimbursement of contributions between organisations and competent national authorities.
(4) Where the allowance has been paid by the payer concerned instead of the payer who is not competent, it shall not be a surplus if the payment was entitled in a calendar month and the allowance was paid only once at the amount in which it belonged; in that case, the amounts of the contribution paid between the contributors shall not be paid to each other.
Synergies in the provision of the contribution
The institutions, establishments or persons providing health, social or other care for children and young people shall, in their field of competence, report to the authorities responsible for deciding on entitlement to the allowance at their request the circumstances relevant for the establishment and duration of entitlement to the allowance.
Elimination of hardness
(1) The hardships that would arise in the implementation of this law may be removed by the competent authorities, 8) and, if they are soldiers (s) in active service, police officers (s), members of the Federal Security Information Service (s) and Correctional Education Corps (s), the authorities responsible for the removal of hardships in the armed forces's medical care sector.
(2) No appeal shall be admissible against the decision referred to in the preceding paragraph.
Authorisation provisions
The Government of the Czech and Slovak Federal Republic will, by regulation, increase the amounts referred to in § 4 (1) (a) and § 7 (1) and (2) accordingly if the average wage growth is at least 5%.
Transitional and final provisions
(1) The allowance under this Act replaces the maternity allowance granted under the existing rules.
(2) If, at the date of application of this Act, a maternity allowance of 1300 CZK per month is granted, the maternity allowance shall still be payable after that date, according to the rules in force before the date of application of this Act. However, if the recipient of this maternity allowance renounces, the allowance shall be the amount and under the conditions laid down in this Act.
(3) The claims for a maternity allowance which arose before 1 October 1990 and which have not been definitively decided on before 1 October 1990 shall be decided on in accordance with the provisions in force before that date.
It shall be repealed:
1. Act No. 107 / 1971 Coll., on maternity allowance, as amended by the legal measure of the Bureau of the Federal Assembly No. 8 / 1982 Coll., Act No. 110 / 1984 Coll., Act No. 50 / 1987 Coll. and Act No. 180 / 1990 Coll.,
2. the Federal Ministry of Labour and Social Affairs Decree No. 130 / 1984 Coll., implementing the maternity allowance law, as amended by Decree No. 56 / 1987 Coll. and Decree No. 259 / 1990 Coll.
Efficacy
This Act shall take effect on 1 October 1990.
Havel v. r.
Dubček v. r.
CHF
1) § 8 (n) No 4 of the Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic bodies in social security, as amended. § 11 (b) No 5 of the Slovak National Council Act No. 106 / 1988 Coll., on the competence of the authorities of the Slovak Socialist Republic in social security, as amended.
2) Section 12 of Act No. 1 / 1991 Coll., on Employment.
3) Paragraph 83 of Act No. 100 / 1988 Coll., on Social Security. § 119 and 120 of Decree No. 149 / 1989 Coll., implementing the Social Security Act.
4) § 8 of the Czech National Council Act No. 114 / 1988 Coll., as amended. Section 10 of the Slovak National Council Act No. 106 / 1988 Coll., as amended.
5) § 8 (a) No 6 of the Czech National Council Act No. 114 / 1988 Coll., as amended. § 10 (a) No 20 of the Slovak National Council Act No. 106 / 1988 Coll., as amended.
6) § 244 et seq.
7) § 276 et seq.
8) § 2 (3) of the Czech National Council Act No. 114 / 1988 Coll., as amended. § 2 (3) of the Slovak National Council Act No. 106 / 1988 Coll., as amended.
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Regulation Information
| Citation | Act No. 382 / 1990 Coll., on Parental Contributions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1990 |
|---|---|
| Effective from | 01.10.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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