Act No 414 / 2008 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 359 / 1999 Coll., on Social Law Protection of Children, as amended
Valid
Law
Effective from 01.01.2009
Text versions:
01.01.2009
01.12.2008
414
THE LAW
of 31 October 2008
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 359 / 1999 Coll., on Social Protection for Children, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the State Social Support Act
Act No. 125 / 2003 Coll.
1. Paragraph 2a, including footnote 1a, reads:
(1) The authorities of State social aid which exercise public administration under this law are:
(a) Labour offices and the Office of Labour of the City of Prague, hereinafter referred to as the "Labour Office,"
(b) the Regional Authorities and the Municipality of the City of Prague (hereinafter referred to as the Regional Office).
(2) The Ministry of Labour and Social Affairs is also responsible for state administration under this Act.
(3) The exercise of the jurisdiction of the regional authorities under this Act is an exercise of the delegation.
(4) State social support under this law
(a) offices of work in the administrative districts provided for by special legislation1a);
(b) regional authorities in the administrative districts of the offices of work falling within the administrative district of the regional office.
(1a) § 7 of Act No. 435 / 2004 Coll., on Employment. '
2. In Article 3 (3), the words "The Magistrate of the City of Prague or the Regional City 'are replaced by the words" Regional'.
3. In Article 5 (1) (f), the words "and the allowance 'are deleted.
4. In § 7 (7), § 19 (2), § 20 (2), § 24 (3), § 30 (2), § 30a (5), § 57 (1), § 58, § 59 (2) and (6), § 61 (1), (3) and (4), § 62 (1) and (6), § 63 (2), § 63a (2), § 64 (7) and (8), § 66, § 67 (1), (2) and (4), § 68 (5), § 69 (1) and (3) and § 70 (1) to (3), "State aid" shall be replaced by "aid."
5. in Paragraph 30 (1) (e), including footnote 47d:
"(e) the care of the child goes to the long-term disabled or the long-term severely disabled,
1. in the base area from the date of the finding that the child is a long-term disabled or a long-term severely disabled child up to the age of 7 years;
2. in the base area from the date on which the entitlement to the parental allowance granted at an increased level has ceased, but first from the date on which the child is found to be a long-term disabled or severely disabled child until the age of 7,
3. at a lower level, if the child is not entitled to care allowance under the Social Services Act 47d), but first from the date of finding that the child is a long-term disabled or a long-term severely disabled child, from 7 to 10 years of age of that child, if it is entitled to a parental allowance from 1 January 2009 to 31 December 2009, and 7 to 15 years of age of that child, if it is entitled to a parental allowance after 31 December 2009;
the date of the finding for the purposes of entitlement to the parental allowance shall be the date of the application for assessment as to whether the child is a long-term disabled or a long-term severely disabled child.
47d) § 7 of Act No. 108 / 2006 Coll., on Social Services, as amended. '
footnote 47d shall be renumbered footnote 47e, including the footnote references.
6. Paragraph 30 (4) reads as follows:
"(4) Entitlement to parental benefit
(a) in the base area where the child referred to in paragraph 1 (e) (1) and (2), which is not the youngest child, is in the family if he or she would otherwise have been the parent of the youngest child in the family in the reduced area referred to in paragraph 1 (b). (d) or the parental contribution to the youngest child in the family would not be dependent,
(b) at a lower level if the child referred to in paragraph 1 (e) (3) is in the family and the parental allowance for another child does not belong to the family.
The condition of full-time and full-time care must be met for the child referred to in paragraph 1 (e). ';
7. In Article 30a (5), the words "or, if they fulfil the condition of childcare for entitlement to a parental allowance in one calendar month, the two parents shall be inserted after the words" entitlement to a parental allowance "in accordance with Article 30b (1)."
8. in Article 30b (1) (d), "or 7" is replaced by "7, 10 or 15."
9. In Paragraph 30b (1), at the end of the text in point (g), the words "or 3, or the entitlement to a parental allowance under Article 30 (1) (e) (3) 'shall be added.
10. in Article 30b (2) (d), the words "4 hours" shall be replaced by the words "6 hours" and the words "special primary school not exceeding 4 hours a day" shall be replaced by the words "primary school preparatory class or primary or secondary education school."
11. in Article 32 (1), at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) CZK 3,000 per month, if it is a parental allowance in a lower area."
12. in Paragraph 59 (3), the words "State Social Aid Office" shall be replaced by the words "Labour Office";
13. in Paragraph 63 (8), the words "the regional authorities and the authorities carrying out State social aid" shall be replaced by the words "and State social aid authorities."
14. In Paragraph 64 (1), the first sentence is replaced by the sentence "The employees of the Czech Republic and the employees of the county are obliged to remain silent about the facts which they have encountered in the implementation of, or in direct connection with, State social assistance, unless otherwise specified."
15. in the third sentence of Article 64 (1), the words "staff of those institutions" shall be replaced by the words "listed staff."
16. in Paragraph 64 (2), "paragraph 1" is replaced by "State social aid."
17. in Paragraph 64 (3) of the introductory part of the provision, the words "paragraph 1" are replaced by the words "State aid."
18. in Paragraph 64 (3) (g), the words "referred to in paragraph 1" are replaced by the words "State aid."
19. in Paragraph 64 (5):
"(5) The employment authorities are required to provide the information and data referred to in paragraph 4 (a) also to the competent regional authority."
20. in Paragraph 64a (1), the words "regional authorities and authorities carrying out State social support" shall be replaced by the words "and State social support authorities" and the words "Regional and State social support authorities" shall be replaced by the words "State aid authorities."
21. In Paragraph 65 (4), the second sentence is replaced by the sentence "The fines imposed by the labour authorities are the income of the state budget, the fines imposed by the regional authorities are the income of the budget of the county which imposed the fine."
22. in Paragraph 65c (6):
"(6) The fines shall be collected by the State Social Aid Authority which imposed them. The fines imposed by the labour authorities are the income of the state budget, the fines imposed by the regional authorities are the revenue of the budget of the county which imposed the fine. The fines shall be enforced by the competent customs office. ';
23. in Paragraph 65c, paragraph 7 is deleted;
24. In Paragraph 67, at the end of paragraph 1, the sentence "The application may be lodged not earlier than 60 days before the date on which the beneficiary applies for the benefit of State social aid."
25. in Paragraph 68 (1) (e), at the end of point 2, the words "and the child who establishes or might be entitled to a parental allowance under Paragraph 30 (1) (e) (3) shall be added;"
26. in Paragraph 68 (1) (e) (4), the words "special primary school" shall be replaced by the words "primary school or primary or secondary school";
27. in Article 68 (4), the words "State social aid" shall be inserted after the words "authority."
28. The following Section 70a is inserted after Section 70:
Processing of documents
On completion of the notifications and other documents using automated computing, such notifications and other documents may be issued with the pre-printed stamp of the Office and the pre-printed name, surname and capacity of the authorised person. The previous sentence shall not apply if it is for a copy and a decision to be taken. ';
29. in Paragraph 71 (1):
"(1) Decisions given under this Act in administrative proceedings shall be reviewed by the Regional Office. '.
30.
Costs
State aid authorities, the Ministry of Labour and Social Affairs, the parties to the proceedings and persons jointly assessed shall not be entitled to reimbursement of the costs incurred in the benefit proceedings. '
31. § 73b reads:
Regional authorities in the area of state social support provide professional and methodological assistance to the employment authorities and carry out checks on their activities in State social support; the provisions of the Regional Act on the control of the delegation of municipalities and the Law on the City of Prague on the control of the delegation of offices of urban areas and other responsibilities in the exercise of the delegation of offices of urban areas shall apply mutatis mutandis to the control of the work of the labour authorities in the state social support. '
Transitional provisions
1. On 1 January 2009, the Office of the Labour of the City of Prague transferred rights and obligations from the employment relationship of employees of the City of Prague to the offices of the City of Prague, who carried out tasks in the implementation of state social support on 31 December 2008.
2. The relevant municipal part of the capital of Prague will agree with the employees mentioned in point 1 of the transfer of rights and obligations from employment to the state - Office of Labour of the capital of Prague. The delimitation carried out in this way is binding.
3. Administrative proceedings in the field of state social assistance initiated until 31 December 2008 by the authorities of the urban areas of the capital city of Prague and the final completion will be completed by the Office of Labour of the capital city of Prague. In such cases, the time limits for the decision shall be extended by 30 working days from the date of entry into force of this Law.
4. Applications for state social aid benefits for the period before 1 January 2009, applied after 31 December 2008, are examined by the Office of Labour of the City of Prague.
5. The execution of decisions ordered by the Office of the City of the City of Prague in the area of State Social Support Benefits, which is enforceable, started before 31 December 2008 and the execution of a final decision in this area which could not be initiated by 31 December 2008, shall be completed or implemented by the Office of Labour of the City of Prague; the revenue from the performance of the decisions is the revenue of the State budget.
6. The offices of the city areas of the capital city of Prague will carry out a shredding procedure for all documents in the area of state social assistance, which will be completed on 31 December 2008.
7. The documents on the basis of which State social support is provided and the documents concerning the administrative procedures referred to in point 4 shall be forwarded by the authorities of the City of Prague to the Office of the Labour of the Capital City of Prague on 1 January 2009.
8. The claims arising from the decision-making activities of the City of Prague under the Act on State Social Support, as in force until 31 December 2008, are from 1 January 2009 the claims of the Czech Republic with which the Office of Labour of the City of Prague is responsible.
9. Proceedings in cases where the jurisdiction of the territorial financial authorities has been transferred to customs offices initiated by the territorial financial authorities before the date of entry into force of this Law shall be completed by the institution before which the proceedings have been initiated.
10. The relevant urban areas are obliged to bear the location of the transferred employees in the existing premises, including service spaces, for rent not exceeding the normal rent and for the payment of the proven operating costs until 31 December 2010, unless otherwise agreed.
11. I (5) and (6) shall be confessed at the earliest from the date of application of this Act.
12. The right to a parental contribution under Paragraph 30 (1) (e) of the Act on State Social Aid, as effective from the date of entry into force of this Act, shall be granted without application if the parental contribution is due on 31 December 2009 and still after that date.
Amendment to the Act on Social Protection for Children
Act No. 359 / 1999 Coll., on Social Protection of Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 315 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 259 / 2008 Coll., Act No. 112 / 2006 Coll., Act No. 135 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll.
1. In Paragraph 19 (4), the words "State aid 'are replaced by the words" Work or Office of the Labour of the City of Prague'.
2. in Paragraph 51 (5) (a) (5), the words "State aid" shall be replaced by the words "work and the Office of Labour of the City of Prague."
Transitional provision
The claims which arose until 31 December 2008 on the basis of the proposals submitted by the authorities of the urban parts of the capital of Prague pursuant to Act No. 359 / 1999 Coll., as effective until the date of entry into force of this Act, are from 1 January 2009 the claims of the State with which the Office of Labour of the capital of Prague is responsible.
EFFECTIVE
This Law shall take effect on 1 January 2009, with the exception of Article II (2), which shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 414 / 2008 Coll., amending Act No. 117 / 1995 Coll., on State Social Aid, as amended, and Act No. 359 / 1999 Coll., on Social Protection of Children, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.12.2008 |
|---|---|
| Effective from | 01.01.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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