Act No. 437 / 2020 Coll.
Law on certain adjustments in the field of state social aid benefits and care allowance in connection with the emergency situation in the epidemic
Valid
Law
Effective from 30.10.2020
Text versions:
01.02.2021
30.10.2020
437
THE LAW
of 29 October 2020
on certain adjustments in the field of state social assistance benefits and the emergency care allowance for the epidemic
Parliament has decided on this law of the Czech Republic:
This law applies to legal relationships which are not covered by the directly applicable European Union regulation in the field of state social welfare (1).
Adjustment of certain conditions for entitlement to and payment of the child allowance
(1) For the period from 1 October 2020 to 31 December 2020, if the child allowance is paid on 30 September 2020, and in order to determine its amount, the income and other facts relevant to the entitlement to the child allowance on which the amount of the child allowance paid on 30 September 2020 has been determined shall be based, unless otherwise specified. Paragraph 51 (1) and (2) of the Act on State Social Aid shall not apply.
(2) If, for entitlement to the child allowance paid on 30 September 2020, its payment and its amount have been established by the date of application of this Act of the Labour Office of the Czech Republic - Regional branches and branches for the capital of Prague (hereinafter referred to as the Regional Branch of the Labour Office), the facts relevant to the entitlement to the child allowance and its amount for the period of the fourth calendar quarter of 2020 shall be based on those facts when determining the entitlement and the amount of the child allowance; the provisions of paragraph 1 shall not apply.
(3) For the period from 1 October 2020 to 31 December 2020, the provisions of Section 61 (1) and (3) of the State Social Aid Act shall not apply; This shall not apply where a new application for a child allowance is made in accordance with paragraph 2 or if a new application is made during that period.
Adjustment of entitlement to child allowance at an increased level
If, for the purposes of entitlement to the allowance for a child in an increased scale from the payment due for the calendar month of January 2021 to the instalment due for the calendar month of September 2021, the condition referred to in Article 18 (2) of the Act on State Social Support is deemed to have been met, until the payment due for the calendar month of September 2021, in the calendar month in which that person was assessed together. Entitlement to medical care according to the sentence of the first regional branch of the Labour Office shall be verified by data from the information schemes provided for in the sickness insurance law in accordance with Section 63 of the State Social Support Act.
Adjustment of certain conditions for entitlement to and payment of the housing allowance
(1) In order to qualify for the payment of the housing allowance for the period from 1 October 2020 to 31 December 2020, if it relates to the housing allowance paid on 30 September 2020, and in order to determine its amount, the revenue and other facts relevant to the entitlement to the housing allowance on which the amount of the housing allowance paid on 30 September 2020 was determined, unless otherwise specified. Paragraph 51 (5) of the State Social Aid Act does not apply to the provisions of paragraphs 3 to 6.
(2) If, by the date of application of this Act, the regional branch of the Labour Office has been documented by the facts relevant to the entitlement to and the amount of the housing allowance for the period of the fourth calendar quarter of 2020, the entitlement and the amount of the housing allowance shall be based on those facts; the provisions of paragraph 1 shall not apply.
(3) For the period from 1 October 2020 to 31 December 2020, the provisions of Section 61 (1) and (3) of the State Social Aid Act shall not apply; This shall not apply where an application for housing allowance is made in accordance with paragraph 2 or where an application is made during that period.
Adjustment of the conditions for entitlement to an increase in the care allowance
In order to qualify for an increase in the care allowance for the period from 1 October 2020 to 31 December 2020, if the increase in the care allowance paid on 30 September 2020 is based on income and other factors relevant to the entitlement to an increase in the care allowance on which an increase in the care allowance paid on 30 September 2020 was granted. Paragraphs 12 (4) and 21 (2) (a), (c) and (e) of the Social Services Act are not applicable.
Adjustment of entitlement to state social assistance benefits and increase of care allowance at the time of the epidemic
For the purposes of determining the income applicable to the granting of State social assistance benefits, depending on the amount of the income and the increase in the care allowance provided for in Section 12 of the Social Services Act, the allowance shall not be considered to be a medical allowance for the reimbursement of benefits due for the calendar month January 2021 to September 2021.
Adjustment of entitlements in connection with compensation for performance of the duty
(1) For the purposes of determining the income applicable to the granting of State social assistance benefits, depending on the amount of the income and the increase in the care allowance provided for in Section 12 of the Social Services Act, the reimbursement of benefits due for the calendar months of March 2020 to December 2021 shall not be regarded as compensation for the performance of the work obligation or assistance provided for in Section 35 of the Crisis Act.
(2) A levy awarded or paid before the application of Paragraph 4b (1) of this Law, which is less than or increased by the application of Paragraph 4b (1) of this Law, and a levy not recognised, not increased or paid, although, in application of Paragraph 4b (1), it should be awarded, increased or paid, from the date on which the levy or increase on the application of Paragraph 4b (1) belongs, but no later than three years back from the date on which the authority responsible for the benefits found it, or from the date on which the increase or grant of the benefit was requested by the beneficiary.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) For example, Regulation (EC) No 883 / 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended, Regulation (EC) No 987 / 2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883 / 2004 and Regulation (EC) No 987 / 2009 on the coordination of social security systems, as amended, Regulation (EU) No 1231 / 2010 of the European Parliament and of the Council of 24 November 2010 extending the scope of Regulation (EC) No 883 / 2004 and Regulation (EC) No 987 / 2009 to third-country nationals to which are not yet covered by this Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union.
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Regulation Information
| Citation | Act No. 437 / 2020 Coll., on certain adaptations in the field of state social support benefits and care allowance related to the emergency state of the epidemic |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2020 |
|---|---|
| Effective from | 30.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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