Decree No. 391 / 2011 Coll.

Decree amending Decree No. 505 / 2006 Coll., implementing certain provisions of the Social Services Act, as amended

Valid Order Effective from 01.01.2012
391
DECLARATION
of 30 November 2011
amending Decree No. 505 / 2006 Coll., implementing certain provisions of the Social Services Act, as amended
The Ministry of Labour and Social Affairs provides for the Act No. 108 / 2006 Coll., as amended by Act No. 261 / 2007 Coll., Act No. 206 / 2009 Coll. and Act No. 366 / 2011 Coll.:
Čl. I
Decree No. 505 / 2006 Coll., implementing certain provisions of the Social Services Act, as amended by Decree No. 166 / 2007 Coll., Decree No. 340 / 2007 Coll., Decree No. 239 / 2009 Coll. and Decree No. 162 / 2010 Coll., is amended as follows:
1. The heading of Part One reads: "METHOD OF EVALUATION OF COMPETENCE TO ENVIRONMENTAL ENVIRONMENT '.
Article 2 (1) and (2) read:
„§ 1
(1) The ability of a person to manage basic living needs is assessed for the purpose of determining the degree of dependency according to the activities defined for each essential living needs in Annex 1 to this Decree.
(2) The ability of a person to manage basic living needs for the purpose of determining the degree of dependency is assessed in the natural social environment and in view of the age of a natural person.
(3) The assessment of the ability of a person to manage the basic needs of life shall be carried out:
(a) body structure; and
(b) mental, mental, sensory, circulatory, respiratory, haematological, immunological, endocrine, metabolic, digestive, secretive, neuromusculoskeletal, including coarse and fine motor, and voice, speech and skin function,
in relation to the extent and weight of functional failure.
(4) A failure to manage basic life needs shall be considered a condition where the failure of functional abilities reaches a level of complete or severe failure, where, despite the use of retained natural person's potential and competences and the use of commonly available equipment, means, objects, daily needs or household equipment, public spaces or using a medical device, life needs cannot be managed in an acceptable standard. An inability to cope with basic living needs shall also be considered as a condition where a regime ordered by a specialist doctor providing specialised health services does not allow the basic living needs to be implemented in an acceptable standard.
§ 2
(1) In assessing the ability of a person to manage basic life needs, it shall be assessed whether, due to long-term unfavourable health conditions, the extent of mental, mental, physical and sensory functions is sufficient to regularly manage the basic life needs and whether a natural person is able to recognise, perform and check the accuracy of the basic life needs. In doing so, account shall be taken of whether the long-term adverse health condition has a lasting effect on functional capacity, the outcome of rehabilitation and adaptation to disability.
(2) For persons who are continuously deteriorating and improving health status, the reference period applicable to the assessment of dependence usually lasts one year. the functional ability to manage basic life-expectancy shall be determined in such a way as to correspond to the predominant extent of competence over the reference period. ';
3. The following Sections 2a to 2c are inserted after Section 2:
„§ 2a
If a person is unable to manage at least one of the activities defined in Annex 1 to this Decree for the ability to manage the basic living needs due to the long-term unfavourable health condition, he / she is unable to manage the basic living needs regardless of the cause of the long-term unfavourable health condition.
§ 2b
If a person under 18 years of age does not yet have the capacity to manage one of the essential needs of life or activity, as defined in Annex 1 to this Decree, due to the low age and the corresponding degree of biopsychosocial development, for the purposes of assessing the degree of dependency, it is not considered to be a person who is unable to cope with the basic needs of life. This does not apply if, because of the long-term unfavourable health condition, a person requires the daily special care of another natural person when managing the essential needs of life or certain activities as defined in Annex 1 to this Decree.
§ 2c
In assessing essential life needs for the purpose of determining the degree of dependency, basic life needs, which have been found to be unable to cope because of a long-term unfavourable health condition, shall be added. '.
4. In § 5 (2), § 6 (2) (a), § 8 (2), § 9 (2), § 10 (2) (a), § 11 (2) (a), § 12 (2) (a), § 22 (2) (b) (1), § 23 (2) and § 35 (2) (c), the amount "100 CZK" is replaced by "120 CZK."
5. In § 6 (2) (b) (1), § 10 (2) (b) (1), § 11 (2) (b) (1), § 12 (2) (b) (1), § 13 (2) (b) (1), § 14 (2) (b) (1), § 15 (2) (b) (1), § 16 (2) (b) (1), § 17 (2) (a) (1), § 18 (2) (b) (1), § 22 (2) (a) (a) (1), § 29 (2) (b) (1), § 32 (2) (a) (1) and § 35 (2) (b) (1), "150 CZK" is replaced by "160 CZK.
6. In Paragraph 6 (2) (c), the amount "CZK 20 'is replaced by" CZK 25'.
7. In Paragraph 6 (2) (d), the amount "100 CZK" is replaced by "110 CZK."
8. In Paragraph 6 (2) (e), the amount "50 CZK" is replaced by "60 CZK."
9. In Sections 10 (2) (c), 13 (2) (a), 14 (2) (a), 15 (2) (a), 16 (2) (a), 17 (2) (b), 18 (2) (a) and 35 (2) (a), the amount "180 CZK" is replaced by "200 CZK."
10. in Paragraph 17 (2) (c), the amount "100 CZK" is replaced by "120 CZK" and the words "points (c), (e) and (g)" are replaced by "points (c) to (g)."
11. In § 22 (2) (b) (2), "70 CZK" is replaced by "90 CZK" and "40 CZK" is replaced by "60 CZK."
12. In § 29 (2) (a) and § 33 (2) (b), "CZK 150" is replaced by "CZK 170."
13. Paragraph 38 (3) is deleted.
14. Part Six, including the title, reads:

„ČÁST ŠESTÁ

IMPLEMENTATION OF THE CIVIL EMPLOYMENT PROFIT AND EMPLOYMENT
§ 39
The card of a member of a municipality registered in the municipal office of a municipality with extended competence as a social worker and of a county member included in the regional office as a social worker who is shown on entry to the residence for the purpose of carrying out social work activities shall include the following particulars:
(a) the name and, where appropriate, the name, surname and title of the staff member;
(c) a photograph of the staff member;
(d) the term "social worker,"
(d) the identification of the competent authority which issued the licence, the imprint of the official stamp and the signature of the manager of the staff member;
(e) the period of validity of the licence. ';
15. Annex No 1 shall read:

"Annex No 1 to Decree No 505 / 2006 Coll.

Definition of the ability to manage basic life needs

(a) Mobility:

The ability to cope with this basic life need is considered to be a condition where a person is able to cope with getting up and sitting, standing, taking positions, moving step by step, even with interruption of stops, within a distance of at least 200 m, even on an uneven surface, walking up and down stairs on one floor, using means of transport including barrier.

b) Orientation:

The ability to cope with this basic life need is considered to be a condition where a person is able to recognize and recognise the eyes and hearing, to have adequate mental competence, to orient himself / herself through time, place and person, to orient himself / herself in the normal environment and situations and to react accordingly.

(c) Communication:

The ability to manage this basic life-cycle is considered to be a state where a person is able to communicate and understand, by speaking clear language and written message, to understand commonly used basic images or audio signals, to use common means of communication.

(d) Meals:

The ability to manage this basic life-expectancy is considered to be a condition where a person is able to choose to consume a finished drink and food, to pour the drink, to cut the food, to serve, to eat and to drink, to abide by a specified diet.

(e) Clothing and rearing:

The ability to cope with this basic life need is considered a condition where a person is able to choose clothes and shoes appropriate to the circumstances, to dress and to marry, to undress and to take off, to manipulate clothing in connection with the daily regime.

(f) Body hygiene:

The ability to cope with this basic life need is considered a condition where a person is able to use a sanitary device, wash and dry each body, perform overall hygiene, comb, perform oral hygiene, shave.

(g) Performance of physiological needs:

The ability to cope with this basic life need is considered a condition where the person is able to use the toilet in time, empty himself, clean himself, use sanitary aids.

(h) Health care:

The ability to manage this essential life-expectancy is considered to be a condition in which a person is able to follow the established treatment regime, to take the appropriate medical and nursing measures and to use the necessary medicines, aids.

(i) Personal activities:

The ability to manage this basic life need is considered to be a condition where a person is able to enter into relationships with other persons, to establish and maintain a daily programme, to carry out activities of the normal age and environment such as education, employment, leisure activities, to handle his affairs.

(j) Household care:

The ability to manage this basic living needs is considered to be a condition in which a person is able to dispose of money under personal income and household, manipulate items of daily needs, obtain regular purchases, control ordinary household appliances, cook warm food and drink, perform normal housework, operate heating and maintain order. "
16. In Annex 2, points 1 to 15, the column "Essential 'is deleted.
17. Annex 3 is deleted.
Čl. II
This Decree shall take effect on 1 January 2012.
Minister:
Dr Ing. Drábek v. r.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationDecree No. 391 / 2011 Coll., amending Decree No. 505 / 2006 Coll., implementing certain provisions of the Social Services Act, as amended
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation12.12.2011
Effective from01.01.2012
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History