Act No. 422 / 2003 Coll.
Act amending Act No. 482 / 1991 Coll., on Social Needs, as amended
Valid
Law
Effective from 01.01.2004
Text versions:
01.01.2004
12.12.2003
422
THE LAW
of 5 November 2003
amending Act No. 482 / 1991 Coll., on Social Needs, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 482 / 1991 Coll., on Social Needs, as amended by Act No. 84 / 1993 Coll., Act No. 165 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 182 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 134 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 136 / 1996 Coll., Act No. 133 / 1997 Coll. and Act No. 280 / 2003 Coll., are amended as follows:
1. In Paragraph 1 (1), the words ", in particular, the work itself 'are deleted.
2. in Paragraph 1, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) By increasing the income by self-injection, this means increasing the income
(a) own work;
(b) the proper application of legal claims and claims, in particular the entitlement to sickness insurance benefits (care), pension insurance benefits (security), the benefits of state social assistance, maintenance and maintenance allowance and the reimbursement of certain costs not paid to the mother under the special law, 11a) and the exercise of rights arising from working or similar relationships; the application of legal claims and claims by the competent authority does not require the competent authority in cases where it is clear that the application would not be proportionate to the profit accruing from it or where it does not consider it possible to apply them fairly to the citizen;
(c) by selling or otherwise using own property.
(4) Compliance with the conditions of sale or other use of the property referred to in paragraph 3 (b). (c) not required
(a) for movable goods not subject to enforcement under a special law, 11b)
(b) in the case of real estate or an apartment used by a citizen for a reasonable permanent residence;
(c) in the case of compensation and technical assistance for persons with severe disabilities provided under special legislation, 11c)
(d) for modifications and equipment for which a contribution has been granted under a special legislation, 11d)
(e) in the case of a motor vehicle for which a contribution under special legislation has been granted, 11e)
(f) in the case of a motor vehicle for which the person authorised or jointly assessed under the special legislature11) a contribution to the operation of the motor vehicle under the special legislation. 11f)
The authority responsible for deciding on the provision of welfare benefits shall be entitled to assess whether the treatment of the property referred to in paragraph 3 (a) is being treated. (c) it is not associated with excessive hardness for the citizen and does not require such an increase in income by doing so.
11a) § 85 et seq. of Act No. 94 / 1963 Coll., on Family, as amended.
11b) Sections 321 and 322 of the Civil Code.
11c) § 33 of Decree No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of Bodies of the Czech Republic in Social Security, as amended.
11d) § 34 of Decree No. 182 / 1991 Coll.
11e) § 35 of Decree No. 182 / 1991 Coll.
11f) § 36 of Decree No. 182 / 1991 Coll. '
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
3. in Article 1 (5), the following point (d) is inserted after point (c):
"(d) a citizen in person, all day long and properly caring for a loved one or another who is predominantly or completely powerless, or over 80 years old and is partly helpless,."
Point (d) shall be renumbered as point (e).
4. In Article 1, the following paragraph 8 is added:
"(8) For a citizen who has income from an enterprise or other self-employed activity referred to in § 7 (1) and (2) of the Income Tax Act, the income from that activity shall be deemed to be, for the purposes of this Act, at least 50% of the average monthly salary in the national economy declared by the Czech Statistical Office for the previous calendar year, rounded down to the nearest hundred crowns; This amount is declared by the Ministry of Labour and Social Affairs in the Collection of Laws by communication. This amount shall be considered as the minimum income of that citizen from 1 July of the year in which the average national economy wage was declared for the preceding calendar year until 30 June of the following calendar year. ';
5. In Article 3 (2), the semicolon and part of the sentence after the semicolon shall be deleted and at the end of the paragraph, the sentence "A parent who does not fulfil the obligations of a legal representative of a dependent child associated with the proper performance of compulsory education under a special legislation shall also be considered as socially needed, (7) if the child is a jointly assessed person for social needs purposes."
footnote 7 is replaced by the following:
"7) Section 36 of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act)."
6. in § 3 (3) (a) and § 8a (2), "§ 1 (3)" shall be replaced by "§ 1 (5)";
7. In Article 3, the following paragraph 5 is added, including footnote 16:
"(5) A citizen kept in the register of jobseekers (6) is not considered to be socially needy unless he shows an attempt to secure an increase in income from his own work. 16)
16) Article 6 (1) of Act No. 1 / 1991 Coll. '.
8. In Article 4 (1), the second sentence is deleted.
9. In Article 4 (3), the words ", the amount of income 'and the words" and, where appropriate, whether a citizen (jointly assessed persons) has exercised the claims referred to in the second sentence of paragraph 1' are deleted after the words "(jointly assessed persons) '.
10.
(1) The claimant for a social security benefit or the recipient of a social security benefit is required to certify the facts relevant to the entitlement to the benefit, its amount or payment, to give written consent to verify these facts and to personally appear at the competent authority at the request, unless this is hindered by difficult obstacles, in particular health status. This obligation shall apply mutatis mutandis to persons jointly assessed.
(2) Where the claimant for a benefit, the recipient of the benefit or the jointly assessed person fails to comply with the obligations referred to in paragraph 1 within a period to be determined by the competent authority, the claim for a benefit may be rejected, the payment of the social security benefit stopped or the social security benefit withdrawn after prior notification. ';
Transitional provisions
1. If the social welfare benefit procedure provided for social needs has been definitively terminated before the date of entry into force of this Act and the benefit still belongs to that date, the competent authority shall examine the entitlement to the benefit and its amount as referred to in Article 4 (1) (a) (ii). Not later than 30 June 2004. If, under the legislation applicable from 1 January 2004, a higher levy should apply, the levy shall also be increased for the period from the date of entry into force of this Act to the date of the new decision and the difference in the amount of the benefit shall be paid; other changes in entitlement and the amount of the benefit shall be made at the earliest from the date of the new decision.
2. For the period from 1 January 2004 to 30 June 2004, persons who have income from a business or other self-employed activity referred to in Article 7 (1) and (2) of the Income Tax Act shall be regarded as income from that activity for the purposes of assessing the social needs and determining the amount of the social welfare benefit provided for social needs of at least CZK 7,800 per month.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 482 / 1991 Coll., on Social Needs, as is apparent from later Laws.
Efficacy
This Act shall take effect on 1 January 2004.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 422 / 2003 Coll., amending Act No. 482 / 1991 Coll., on Social Needs, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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