Full text of Act No. 45 / 2004 Coll.
Full text of Act No. 482 / 1991 Coll., on Social Needs, as resulting from subsequent amendments
Valid
45
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 482 / 1991 Coll., on social needs, as follows from the amendments made 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., Act No. 280 / 2003 Coll. and Act No. 422 / 2003 Coll.
THE LAW
on social needs
The Czech National Council decided on this law:
Social needs
(1) A citizen is considered to be socially needy if his income does not reach the life-minimum set by special legislation1 (hereinafter referred to as "the minimum of life") and he cannot increase that income due to his age, health or other serious reasons for his own action.
(2) Citizens living in the household, 10) whose income is assessed in accordance with a special law jointly (11) (hereinafter referred to as "jointly assessed persons") shall be considered to be socially necessary only if the other conditions of social need laid down by that law satisfy all those persons, except those referred to in § 3 (3) (c).
(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.
(5) The possibility of increasing the income of your own work is not investigated when assessing social needs
(a) an old-age or full-time pensioner;
(b) a citizen over 65,
(c) parents (adopter, citizen who has taken custody of a child replacing the care of parents, foster parents) taking care of at least one child under four years of age or a child older who cannot be placed in a pre-school institution, or three or more children, of whom at least one is up to ten years of age and the other is up to 15 years of age, or of a child who, according to the pension scheme, is long-term disabled and requires exceptional care;
(d) a citizen personally, 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 powerless;
(e) unprovided child; the child's inprovision is assessed in accordance with the pension insurance regulation.2)
(6) The social needs of a minor citizen who, after leaving compulsory education, is kept in the employment register (6) and is not entitled to physical security of jobseekers are assessed in a similar way to the social needs of an uninsured child. The condition is that a minor citizen lives in a household with parents (parents) or adopters (adopters).
(7) Citizenship income (3) means the average monthly income paid in the last six months prior to the application for welfare benefit. However, the income of a citizen shall be collected on the date on which the application for social welfare benefit was submitted, provided that there was a significant reduction in the income of a citizen before the application and that the amount of his income during the last six months was not such that, taking into account that income, the citizen could continue to meet his living needs.
(8) For a citizen who has income from an enterprise or other self-employed activity referred to in Article 7 (1) and (2) of the Income Tax Act, the income from that activity shall be deemed to be a monthly income of at least 50% of the average monthly salary in the national economy declared by the Czech Statistical Office for the preceding calendar year, with that amount 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 the 1 July of each year in which the average national economy wage was declared for the preceding calendar year until 30 June of the following calendar year.
(1) If the health status of a citizen requires an increased cost of dietary meals, according to the advice of the competent specialist, the amount required to ensure the maintenance and other basic personal needs of a citizen provided for by special law (4) shall be increased monthly by the amount laid down by the Ministry of Labour and Social Affairs for each type of diet.
(2) The amount required to ensure the necessary household costs provided for by special legislation5) is increased by CZK 600 per month when assessing the social needs of citizens who have been granted extraordinary grade III benefits (ZTP / P card). In the case of persons assessed jointly, increases in accordance with the previous sentence shall be counted no more than twice, although exceptional advantages of grade III (ZTP / P card) have been granted to several domestic residents. 10)
(1) A citizen whose income is higher than the amounts of the living minimum shall be considered to be socially necessary in view of his overall social and property circumstances if the necessary costs are to ensure his or her nutrition and other essential personal needs and the necessary household costs laid down in special legislation5), and the citizen cannot pay these costs by himself.
(2) A citizen is not considered to be socially needy, even if his income does not reach the minimum of life if his overall social and property ratios are such that he can be fully assured that he has adequate food and other essential personal needs and the necessary household costs and that such provision can be applied fairly to the citizen by its own contribution. 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 not be regarded as socially needed, (7) if the child is a jointly assessed person for social needs purposes.
(3) A citizen is not considered to be socially needy, even if his income is below the minimum of life,
(a) if he is not in a work or similar relationship or does not pursue a self-employed activity and is not kept in the register of jobseekers; (6) this is not the case if he is a citizen referred to in Article 1 (5); or
(b) for the period during which he is not entitled to the physical security of jobseekers for the reasons set out in § 14 (1) (d) to (f) of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 578 / 1991 Coll., or
(c) if the military essential (replacement) service, civil service, the execution of a custodial sentence or has been taken into custody.
(4) A self-employed or cooperating person whose income is below the minimum of life by not applying for sickness insurance for such persons, 15) and is therefore not entitled to benefits from such insurance, is not considered to be socially necessary.
(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)
Provision of welfare benefits
(1) A citizen who is considered to be socially needed under this Act shall be granted single or monthly repayable cash or benefits in kind for the purpose of ensuring nutrition and other essential personal needs and for the purpose of ensuring the necessary household costs and, where appropriate, the increased costs referred to in § 2 or § 3 (1).
(2) A citizen whose income is assessed in accordance with a special law together with other citizens, (11) One-off or monthly recurrent cash or benefits in kind are provided to supplement the income of all persons jointly assessed.
(3) In deciding on the amount of a single or monthly recurrent cash or benefits in kind, account shall be taken of the amounts of the minimum of life, the actual justified cost of providing nutrition and other essential needs and the necessary household costs of the citizen (jointly assessed) concerned, the level of income and property ratios.
Maintenance allowance for the child
(1) A dependent child who is considered to be socially necessary and for whom a compulsory person not living with a household child 10) fails to fulfil the maintenance obligation laid down by the Court of Justice, the child's maintenance allowance equal to the amount of the maintenance provided for, but not more than, the difference between the child's income and the minimum of life, increased where appropriate by the amount referred to in § 2.
(2) For the purposes of paragraph 1, the income of a dependent child shall be considered to be the proportion of the income of one member of the household from the total income of the persons jointly assessed under a special law. 1) Where a member of the household is subject to an amount greater than or increased by the amount referred to in § 2, the excess amount shall be applied equally to the other members of the household for which the amount is less than or equal to the minimum of their life, or increased by the amount referred to in § 2.
(3) The nutritional allowance shall take precedence over the granting of social security benefits under Section 4.
If the parents or other persons to whom the child has been placed in custody by decision of the competent authority do not benefit from the cash benefits provided for in paragraphs 4 and 5 for the benefit of the child, the benefit in kind shall be granted instead of the cash benefit.
(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) If the claimant for a benefit, the recipient of the benefit or the jointly assessed person fails to meet the obligations referred to in paragraph 1 within a period to be determined by the competent authority, the application for a benefit may be rejected, the payment of the social security benefit stopped or the social security benefit withdrawn after prior notification.
The cash benefits provided for in Sections 4 and 5 are not applicable during the stay of the beneficiary abroad.
Reimbursement of social welfare costs
(1) The recipient of the social welfare benefit, the provision of which is conditional on social needs, is not required to pay costs if the income of the person does not exceed CZK 3,400 per month. This amount shall be increased by the difference between CZK 1,500 and the income of the person concerned for each person who is dependent on him or her by means of nutrition and whose income is less than CZK 1,500 per month.
(2) However, the provisions of paragraph 1 shall not apply if the maintenance obligation is met against the spouse or the dependent child.
(3) Reimbursement of costs shall not be required where the person responsible pays the maintenance fees properly.
Social welfare benefits in exceptional cases
(1) A citizen who does not fulfil the conditions for the provision of social security benefits under this law and who is in danger of serious harm to his health may be assisted to the extent necessary, in the form of a benefit in kind or in cash, or a social security service, as appropriate.
(2) A citizen who cannot receive a social security benefit because the conditions laid down in this Act do not satisfy the other persons jointly assessed (Paragraph 1 (2)) may, to the extent necessary, be granted assistance in the form of benefits in kind or in cash, or in the form of social welfare services, provided that the citizen cannot, by his own action, provide the necessary food for his or her children and the necessary household costs; Paragraph 1 (5) does not apply here.
(3) To the extent necessary, assistance may be given to an adult citizen who is not resident on the territory of the Czech Republic if he is threatened with serious harm to his health or is threatened by proper education and assistance cannot be provided under special laws. 14) Assistance may be provided in the form of benefits in kind or in cash or social services, as appropriate.
Common and final provisions
_
1. § 23 (1), § 24, § 42 (1) to (3), § 47 and 50 of Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Social Security Act and the Act of the Czech National Council on the jurisdiction of the Czech authorities in social security,
2. with effect for the Czech Republic § 92 paragraph 5 of Act No. 100 / 1988 Coll., on Social Security.
This Act shall take effect on the day of its publication.
* * *
Act No. 84 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 482 / 1991 Coll., on social needs, and some subsequent laws, became effective on 1 March 1993.
Act No. 165 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 482 / 1991 Coll., on Social Needs, as amended by Act No. 84 / 1993 Coll., entered into force on the date of its publication (22 June 1993).
Act No. 307 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, Act No. 100 / 1988 Coll., on Social Security, as amended, and some other laws, became effective on 1 January 1994.
Act No. 182 / 1994 Coll., increasing the state compensation for uninsured children and certain other social benefits, became effective on 1 October 1994.
Act No. 118 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Act on State Social Support, became effective on 1 October 1995.
Act No. 134 / 1995 Coll., amending and supplementing the Act of the Czech National Council No. 482 / 1991 Coll., on Social Needs, as amended, became effective on 1 August 1995.
Act No. 160 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act, became effective on 1 January 1996.
Act No. 136 / 1996 Coll., amending and supplementing the Act of the Czech National Council No. 482 / 1991 Coll., on social needs, as amended, became effective on the date of its publication (24 May 1996).
Act No. 133 / 1997 Coll., amending and supplementing Act No. 100 / 1988 Coll., on Social Security, as amended, and amending Act No. 482 / 1991 Coll., on Social Needs, as amended, entered into force on the date of its publication (26 June 1997).
Act No. 280 / 2003 Coll., amending Act No. 482 / 1991 Coll., on Social Needs, as amended, took effect on the first day of the second calendar month following its publication (1 October 2003).
Act No. 422 / 2003 Coll., amending Act No. 482 / 1991 Coll., on Social Needs, as amended, took effect on 1 January 2004.
Prime Minister:
PhDr. Špidla v. r.
1) Act No. 463 / 1991 Coll., on Life Minimum.
10) § 115 of the Civil Code.
11) § 4 of Act No. 463 / 1991 Coll.
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.
2) Sections 20 to 23 of Act No. 155 / 1995 Coll., on Pension Insurance.
6) Paragraph 7 (1) of Act No. 1 / 1991 Coll., on Employment.
3) Sections 4 and 5 of Act No. 463 / 1991 Coll.
4) § 3 (2) of Act No. 463 / 1991 Coll.
5) § 3 (3) of Act No. 463 / 1991 Coll.
7) Section 36 of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (School Act).
15) § 145f of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 307 / 1993 Coll.
16) Article 6 (1) of Act No. 1 / 1991 Coll.
9) Paragraph 92 (3) of Act No. 100 / 1988 Coll., as amended by Act No. 180 / 1990 Coll.
14) Act No. 498 / 1990 Coll., on Refugees. Act No. 94 / 1963 Coll., on the Family, as amended by Act No. 132 / 1982 Coll. and Act No. 234 / 1992 Coll.
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Regulation Information
| Citation | Full text of Act No. 45 / 2004 Coll., Act No. 482 / 1991 Coll., on Social Needs, as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.02.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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