Decree No. 388 / 2013 Coll.
Decree amending Decree No. 388 / 2011 Coll., on the implementation of certain provisions of the Law on the provision of benefits to disabled persons, as amended
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
05.12.2013
388
DECLARATION
of 28 November 2013
amending Decree No 388 / 2011 Coll., implementing certain provisions of the Law on the provision of benefits to disabled persons, as amended
The Ministry of Labour and Social Affairs provides pursuant to Section 37 of 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. 331 / 2012 Coll. and Act No. 313 / 2013 Coll., for the implementation of Sections 9 (13) and 34b (2) of this Act:
Decree No. 388 / 2011 Coll., on the implementation of certain provisions of the Act on the provision of benefits to persons with disabilities, as amended by Decree No. 356 / 2012 Coll., Decree No. 409 / 2012 Coll. and Decree No. 333 / 2013 Coll., is amended as follows:
1. The following Section 2b is inserted after Section 2a:
Health conditions which can be considered as a material limitation of mobility and orientation for the purpose of granting a disabled person's licence are listed in Annex 4 to this Decree. '
2. In Annex No 1, Part I, point 5, "(a), (d) and (i) 'is replaced by" (a), (b), (d), (i) and (l)'.
3. The following Annex 4 is inserted after Annex 3:
"Annex No 4 to Decree No 388 / 2011 Coll.
Health conditions that can be considered as a material limitation of mobility and orientation for the purpose of granting a disabled person's licence
1. The following health conditions may be considered as a material limitation of mobility and orientation at the level of moderate functional impairment:
(a) loss of grip capacity or significant limitation of upper limb function;
(b) anatomical loss of several toes or loss of foot in the upper lip and up to and including the lower leg;
(c) substantial limitation of lower limb function;
(d) moderate limitation of the function of two limbs;
(e) shortening of the lower limb exceeding 5 cm;
(f) pelvic involvement with pelvic ring disorder and severe neurological symptoms,
(g) spine involvement with frequently recurrent signs of nervomuscle irritation and muscle corset disorder or stiffening of two spinal sections;
(h) conditions associated with frequent recurrent or dizziness,
(i) limitation of mobility and overall performance at normal loads in internal and oncological conditions;
j) mental illness with recurrent communication and orientation in the exterior including a highly functional type of autism;
k) neurodegenerative involvement with motion poverty, impaired postural stability, weakness of two limbs and a significant reduction in walking range.
2. The following health conditions may be considered as a significant limitation of mobility and orientation at the level of severe functional impairment:
(a) anatomical loss of the lower limb in the knee joint or above, external user of the prosthesis,
(b) anatomical loss of the lower limbs in the upper or upper extremities,
(c) functional loss of the lower limb with loss of the support function;
(d) anatomical loss of the lower and upper limbs at leg and forearm level;
(e) anatomical loss of upper limbs at forearm level,
(f) severe limitation of the function of two limbs;
(g) pelvic involvement accompanied by severe paresis of the lower limbs or severe instability of the pelvic ring,
(h) spine involvement accompanied by severe paresis of the limbs, or stiffening of three sections of the spine, or severe deformities of the spine, with limited chest excursions;
(i) severe impairment of mobility and overall performance at low load in internal and oncological conditions;
j) total hearing loss according to Fowler 85% or more with inability to hear sounds and understand speech despite the best correction (double-sided practical or complete deafness) in a person over the age of 18;
(k) combined hearing and vision impairment (deafness) functionally within the range of bilateral moderate hearing loss, which means hearing loss according to Fowler 40 to 65%, and a bilateral strong visual weakness, which means visual acuity with the best possible correction on a better eye, where the maximum is less than 6 / 60 and the maximum is equal to or better than 3 / 60, or bilateral concentrated visual field narrowing of 30 to 10 degrees, even if the central islet is not affected;
(l) bilateral severe loss of vision, which means visual acuity with correction, where the maximum is less than 3 / 60, the minimum is better than 1 / 60;
(m) psychological impairment with frequent repeated severe external communication and orientation, including moderate autism,
n) neurodegenerative involvement with multiple motor complications such as rigidity, hypokinesis, tremor, ataxia, involuntary movements.
3. The following health conditions may be considered as a material limitation of mobility and orientation at the level of a particularly severe functional or complete mobility or orientation disability:
(a) the anatomical loss of the lower leg in the knee joint or above, the interior user of the prosthesis or the reliance on the wheelchair for that reason;
(b) anatomical loss of the lower limbs in the legs or above;
(c) anatomical loss of upper limbs at or above the elbow level or anatomical loss of upper and lower limbs at the arm and thigh level;
(d) functional loss of the lower limb with loss of the supporting function and simultaneous functional loss of the upper limb;
(e) functional loss of lower limbs with loss of support functions;
(f) a particularly severe mobility disorder based on a severe disability of three or more functional units of the movement system; functional total means chest, spine, pelvis, limb,
(g) disproportional growth disturbances associated with severe deformities of the limbs and chest, provided that the height does not exceed 120 cm after the end of growth;
(h) multi-organ failure of two or more organs or loss of immunity associated with particularly severe orientation or mobility,
(i) total hearing loss according to Fowler 85% or more with inability to hear sounds and understand speech despite the best correction (double-sided practical or total deafness) in a person under 18 years of age;
j) incomplete (practical) vision of both eyes, which means visual acuity with the best possible correction of 1 / 60, 1 / 50 to light with correct light projection or limitation of the visual field up to 5 degrees around the central fixation, even if the central visual acuity is not affected, or complete vision of both eyes, which means loss of vision including conditions from total loss of light sensitivity to maintenance of light acuity with faulty light projection;
(k) combined severe hearing and vision impairment (heavy deafness) functionally in the range of both-sided severe hearing loss to deafness, which means hearing loss according to Fowler is less than 65%, and bilateral severe visual loss, which means visual acuity with correction of a maximum of less than 3 / 60, at a minimum of better than 1 / 60;
(l) moderate, severe or deep mental retardation or dementia, if IQ is less than 50;
m) psychological disability with loss of mental competence, inability to communicate and orientation, including a low-functioning type of autism,
(n) neurodegenerative involvement with acinosis, multiple very severe driving complications and severe neuropsychological manifestations. "
This Decree shall take effect on 1 January 2014.
Minister:
Ing. Konček v. r.
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Regulation Information
| Citation | Decree No. 388 / 2013 Coll., amending Decree No. 388 / 2011 Coll., on the implementation of certain provisions of the Law on the provision of benefits to disabled persons, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.12.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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