Act No. 453 / 2003 Coll.
Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws
Valid
Law
Effective from 01.01.2004
453
THE LAW
of 6 November 2003
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 117 / 1995 Coll., on State Social Support, as amended
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 271 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., and Act No. 125 / 2003 Coll., is amended as follows:
1. in Article 2 (a), point 4 shall be deleted;
2. the following Section 2a is inserted after Section 2, including footnotes 1) and 1a):
(1) State administration under this Act is carried out by State social aid authorities, namely:
(a) State Social Support Offices, which are:
1. employment authorities,
2. in the capital of Prague, the authorities of the urban areas designated by the Statute of the capital of Prague,
(b) regional authorities,
c) Magistrate of the main Prague.
(2) The Ministry of Labour and Social Affairs is also responsible for state administration under this Act.
(3) The exercise of the powers of the authorities of the capital of Prague and the regional authorities under this Act is an exercise of the delegation.
(4) State administration pursuant to this Act
(a) offices of work in the administrative districts provided for by special legislation1), with the exception of the territory of the capital of Prague;
(b) offices of the urban areas of the capital of Prague designated by the Statute of the capital of Prague in administrative districts formed by the territories of the relevant urban areas, 1a)
(c) regional offices in the administrative districts of the offices of work falling within the administrative district of the regional office and exercising jurisdiction within the scope of point (a).
1) Article 2 (2) of Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended by Act No. 167 / 1999 Coll. and Act No. 320 / 2002 Coll.
1a) § 4 (2) of Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 145 / 2001 Coll. '
footnote 1 shall be renumbered footnote 1b), including the footnote references.
3. In the second sentence of Article 3 (1), the words "with the exception of asylum seekers' shall be inserted after the words" foreigners in the Czech Republic '.
4. In Article 3 (3), the words "Authority of the Region of Delegated Jurisdiction (hereinafter referred to as the Regional Authority) 'are replaced by the words" Municipality of the City of Prague or the Regional Authority'.
5. At the end of Paragraph 4, the sentence "The monthly average of family income shall be determined as the sum of the individual monthly averages of the entitled person and persons jointly assessed with him."
6. In Article 5 (1) (a), the words "and with the exception of the amount corresponding to the income achieved by an uninsured child in July and August, to the extent set out in paragraph 8, shall be added at the end of point 1."
7. in Article 5 (1) (a) (2), the words "at least the amount provided for in paragraph 7 shall be added at the end; where the business or other gainful activity was carried out by an uninsured child in the months of July and August, the amount of the income shall not be considered to be the amount of and under the conditions laid down in paragraph 8,";
8. in Article 5 (1) (f), the words ", transport allowance" shall be deleted;
9. In Article 5 (2), the third sentence is deleted.
10. in Article 5 (5), the words "corresponding to the minimum life of the person referred to in the third sentence of Article 8 (1)" shall be replaced by the words "referred to in paragraph 7."
11. in Article 5 (6), the words "corresponding to the life-minimum amount of a person under the third sentence of Article 8 (1)" shall be replaced by the words "referred to in paragraph 7."
12. Paragraph 5 (7) reads as follows:
"(7) The income referred to in paragraph 1 (a) (2) shall, for the purposes of this Act, be deemed to be at least 50% of the average monthly wage on the national economy per calendar year,
(a) for which the operative income is collected, if the relevant period is the calendar year;
(b) the preceding period from 1 July to 30 June of the following calendar year for which the social premium and housing allowance are granted; This also applies if they are granted for a shorter period within this period (§ 51 (2)).
The amount stated in the previous sentence is announced by the Ministry of Labour and Social Affairs in the Collection of Laws by communication according to the average wage in the national economy declared by the Czech Statistical Office, with this amount rounded down to the whole hundred crowns. "
13. in Article 5, the following paragraph 8 is inserted after paragraph 7:
"(8) For determining the relevant income, it shall not be considered as income
(a) in the cases referred to in paragraph 1 (a) (1), the income entered into the accounts of the dependent child in the months of July and August, at an amount equal to the deduction of social security premiums and the contribution to the state employment policy and public health insurance premiums, after deduction of the income tax attributable to such income and, where applicable, the amount which is considered to be income on account of the free use of the motor vehicle for both professional and private purposes under Section 6 (6) of the Income Tax Act;
(b) in the cases referred to in paragraph 1 (a) (2), for each month of July and August, the amount referred to in paragraph 7, if the business and other self-employed activities have lasted throughout that month. "
Paragraph 8 shall become paragraph 9.
14. in Article 6 (a), the words "and the transport allowance" shall be deleted;
15. In § 7 (7), § 57 (1), § 58 (2), § 59 (2) and (5), § 61 (6), § 64 (7) and § 70 (3), the words "Municipal Office of the Municipality with extended scope" are replaced by the words "State Social Aid Office";
16. in Paragraph 8 (1), the third sentence is deleted;
17. in § 19 (2), § 20 (2), § 24 (3), § 58 (1) to (3), § 61 (4), § 62 (6), § 63 (2), § 68 (5), § 69 (1) (e) and § 70 (1), the words "municipal authority of the municipality with extended scope" shall be replaced by the words "State aid office."
18. In Part Three, Title Four, including the headings and footnotes Nos 47c to 47e, is deleted.
19.
(1) Entitlement to a parental allowance shall be granted to a parent who, for the entire calendar month, shall personally and properly care for at least one child:
(a) up to four years of age; or
(b) up to seven years of age, if it is a child who is long-term or severely disabled.
(2) The condition for entitlement to the parental allowance throughout the calendar month referred to in paragraph 1 shall be deemed to have been fulfilled in the calendar month in which:
(a) the child is born,
(b) the parent has been entitled, for part of a month, from sickness insurance benefits to maternity, cash assistance or sickness benefits,
(c) the person has taken over the child into care of the parent by decision of the competent authority (§ 7 (12));
(d) the child has completed the age referred to in paragraph 1;
(e) the child or parent has died.
(3) The parental allowance is due if:
(a) the child visits a nursery, kindergarten or other similar establishment for pre-school children for a maximum of five calendar days in a calendar month; for visiting a child in a nursery, nursery school or other similar institution for pre-school children on a calendar day, the following shall be understood as being the day on which the child visits a nursery, nursery school or such establishment, irrespective of the duration of the visit;
(b) the child regularly visits a rehabilitation facility or a special maternity school or nursery with a focus on visual, hearing, speech and children who are physically disabled and mentally retarded to an extent not exceeding four hours a day;
(c) the child regularly visits nurseries, nursery schools or other similar facilities for pre-school children to an extent not exceeding four hours a day,
(d) the child visits a nursery, kindergarten or other similar facility for pre-school children to an extent not exceeding four hours a day and if the degree of disability of the sight or hearing of both parents (single parents) is 50% or more (§ 9).
(4) If, for health reasons, a parent receiving a parental contribution or a child who is entitled to a parental contribution is in the institutional care of a healthcare establishment for more than three calendar months, the parental contribution shall not be subject to that fact from the fourth calendar month.
(5) For the care of the same child, the parental allowance shall be granted only once, to parents designated under the parent agreement, and if there are several children in the family who are entitled to the parental allowance, in the care of those children, the parental allowance shall belong to only one parent, namely the parents designated under the parent agreement. If the parents are not assessed, the State Social Support Office shall determine which of the parents shall be granted the parental allowance. Where a family [Paragraph 7 (2) (b)] has lost entitlement to a parental allowance in a calendar month because the child has completed the age referred to in paragraph 1 and in the same calendar month there has been entitlement to a parental allowance due to the care of another child, the parental allowance shall be granted only once in that calendar month; in this case, the first and second sentences shall apply mutatis mutandis.
(6) The parental allowance does not apply to parents, unless otherwise provided for, where one of the parents in the family is entitled from sickness insurance benefits throughout the calendar month to maternity, cash assistance or sickness benefits provided in connection with childbirth, at the time of the birth of the child. "
20. in Article 31 (2), the words "paragraph 7" are replaced by the words "paragraph 3" and the words "paragraph 30 (3) and (4)" are deleted;
21. Paragraph 32 (2) reads:
"(2) If a parent receiving a parental allowance, while caring for a child who is entitled to a parental allowance, is entitled, for a full calendar month, to sickness insurance benefits, to monetary assistance, to monetary assistance or to sickness provided in connection with a childbirth which is less than the parental allowance, the parental allowance shall be equal to the difference between that allowance and those benefits. Where a parent receiving a parental allowance is entitled to the sickness benefit referred to in the preceding sentence only for part of a calendar month, the parental allowance shall be equal to the amount referred to in paragraph 1. ';
22. in Paragraph 33 (1), the comma at the end of point (b) shall be replaced by a dot and point (c) shall be deleted;
23. Paragraph 34 (2) is deleted and paragraph 1 is deleted.
24. In Article 50, the words "the municipal authority of the municipality with extended competence, the competent regional authority 'are replaced by the words" State aid authorities'.
25. Paragraph 51 (1) reads as follows:
"(1) The amount of the relevant revenue shall be shown for entitlement to the child allowance. If the payment of the allowance per child for September is due, the payment of the benefit shall be made for the period after 30 September only if, until that date, the amount of the relevant income for entitlement to the benefit after 30 September is shown. In the absence of proof of the relevant revenue referred to in the first sentence, the payment of the child allowance shall be suspended from the instalment following the payment of the benefit due for the calendar month by which the amount of income for its payment for the period after 30 September must be shown. If, until 31 October immediately following the date of 30 September in which the amount of the relevant income was to be established, the child allowance entitlement shall cease on 1 November of the same year. Where entitlement to payment of a child allowance is demonstrated for the period for which payment of that benefit was not due under this paragraph, the child allowance shall be paid back for the period during which the benefit was not paid. Where entitlement to an allowance for a child is demonstrated during the period after the cessation of entitlement to that benefit under this paragraph, entitlement to the allowance for a child shall be renewed for the whole period under which the conditions for entitlement have been fulfilled. In retrospect, the child allowance may be granted for the period laid down in the first sentence of Paragraph 54 (2), in accordance with the fifth and sixth sentences. '
26. in Paragraph 51 (4), the words "1 and" shall be deleted;
27. in § 58 (2), § 61 (1), § 61 (3) (b), § 63 (2), § 63a (2) and § 67 (1), the words "to the municipal authority of the municipality with extended scope" shall be replaced by the words "State aid authority."
28. in Article 59 (1) (c), the words "Article 28 (6)" shall be deleted;
29. in Article 61 (2) and (5), the words "the municipal authority of the municipality with extended competence or regional authority" shall be replaced by the words "State aid authority."
30. in Articles 61 (2) and 64 (4) (a), the words "municipal authority of the municipality with extended scope or regional authority" shall be replaced by the words "State aid authority."
31. In Paragraph 61 (6), the words "or the City of Prague, if they are responsible for deciding on State social aid, shall be inserted after the words" the Regional Office. "
32. In Paragraph 62, the words' shall not apply if there is an excess payment on the parental allowance 'are added at the end of paragraph 1. Where a parent's parental allowance has been paid and the conditions for entitlement to that allowance have not been met or where entitlement to the parental allowance is lost because it is due to him or her to care for a loved one or another under a special legislation, 48c) the parent is obliged to return to the State Social Aid Office the amounts of the parental allowance which he or she was not entitled to.'
Footnote 48c) reads as follows:
"48c) § 81 (2) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 213 / 2002 Coll. '.
footnotes 48c) and 48d) are renumbered as footnotes 48d) and 48e), including the footnotes.
33. in Article 63 (1), the words "the municipal authority of the municipality with extended competence" shall be replaced by the words "State aid authority," the words "at the call of the regional authority" shall be deleted and the words "the municipal authority of the municipality with extended competence or the regional authority" shall be replaced by the words "State aid authority."
34. in Paragraph 63 (3):
"(3) The Ministry of Labour and Social Affairs is the administrator of the information system on the benefits of State social assistance and their amount, the beneficiaries of these benefits and the applicants for such benefits and persons jointly assessed with them. The information from this information system shall be communicated to the other authorities of State social assistance in connection with the procedure for State social aid benefits, to the extent necessary for the implementation of State social aid. State authorities and other legal and natural persons shall be required to provide the Ministry of Labour and Social Affairs with data from their information systems when the data necessary for the management of the Information System on State Social Support Benefits are concerned, in the manner and within the deadlines specified by the Ministry of Labour and Social Affairs. State social support authorities shall be entitled to process the data necessary for deciding on State social support benefits and their payment, including personal data, in electronic form in a way that allows remote access while ensuring the protection of personal data. ';
35. in the first sentence of Paragraph 63 (4), the words "municipal authorities with extended competence and regional authorities" shall be replaced by the words "State aid authorities" and, in the second sentence, the words "municipal authorities with extended competence and regional authorities" shall be replaced by the words "State aid authorities."
36. In Paragraph 63 (5), the words "the Regional Office and the Regional Office of the Municipality with extended scope 'are replaced by the words" and the State Social Aid Authorities'.
37. in Article 63a (1), the words "the municipal authority of the municipality with extended competence or regional authority" shall be replaced by the words "State aid authority."
38. In Paragraph 64 (1), the words "Staff of the Ministry of Labour and Social Affairs, Region of inclusion in the Regional Office and Municipality of Extended Jurisdiction of the Municipal Office 'are replaced by the words" Staff of the State, employees of the Region of inclusion in the Regional Office, employees of the City of Prague designated by the City of Prague to the Office of the City of Prague and employees of the City of Prague to the City of Prague'.
39. in Paragraph 64 (4), in the introductory part of the provision, the words "Regional authorities of the municipalities with extended scope and regional authority" shall be replaced by the words "State aid authorities."
40. In Paragraph 64 (5), the words "Municipal authorities of the municipalities with extended competence" shall be replaced by the words "State aid authorities" and the words "and the City of Prague" shall be inserted after the words "the Office."
41. in Paragraph 64 (6), the words "the municipal authority of the municipality with extended competence" shall be replaced by the words "State aid authorities" and the words "the regional authority" shall be deleted;
42. In Paragraph 65 (1), the words "The Regional Office and the Regional Office of the Municipality with extended scope, which decides on or pays the levy" shall be replaced by the words "The authorities of State social aid which decide on the levy or pay it or, where appropriate, the authorities of State social assistance responsible for deciding."
43. In Paragraph 65 (2), the word 'institutions' shall be replaced by 'classification in the State Social Aid Institutions';
44. in Article 65 (3), the words "State body referred to" shall be replaced by the words "classified in the State Social Support Authority indicated."
45. in Paragraph 65 (4), the words "the competent regional authority and the competent municipal authority of the municipality with extended scope" shall be replaced by the words "the authorities of the state social aid which decide on or pay the levy."
46. In Paragraph 65 (5), the words "the Regional Authority or the competent municipal authority of the municipality, with extended scope, have become known 'are replaced by the words" the State Social Aid Authority'.
47. In Paragraph 65 (6), the second sentence is replaced by the sentence "The proceeds of fines imposed by the labour authorities are the income of the state budget of the Czech Republic, the proceeds of fines imposed by the authorities of the capital of Prague are the income of its budget and the proceeds of fines imposed by the regional authorities are the income of the budget of the county which it imposed."
48. In Paragraph 66 (1), the words "municipal authorities with extended scope 'are replaced by the words" State aid authorities'.
49. in Article 66 (2), Article 67 (3) and Article 70 (3), the words "municipal authority of the municipality with extended scope" shall be replaced by the words "State Social Aid Office";
50. In Paragraph 67 (2), the words "the municipal authority of the municipality with extended scope 'are replaced by" the State Social Aid Office'.
51. in Paragraph 68 (1) (e):
"(e) proof, if it is a claim for a parental allowance, of the time at which the maternity allowance is received, of the cash aid, of the cash aid or of the sickness granted in connection with the childbirth, of their amount, if the payment of the parental allowance is equal to the difference between the parental allowance and those sickness insurance benefits, the name, surname, birth number and place of residence of the child giving entitlement to the parental allowance and, where appropriate, the confirmation of the visit of that child in a nursery, nursery or other establishment for pre-school children or children referred to in Article 30 (3);"
52. in Paragraph 68 (1), point (g) shall be deleted;
Points (h) to (j) shall be renumbered (g) to (i).
53. In Section 68 (5), the words "and the certificate of the school's seat or component thereof [paragraph 1 (g)] 'are deleted.
54.
(1) Decisions given under this Law in administrative proceedings
(a) the offices of work shall be reviewed by the Regional Office;
(b) the offices of the city areas of the capital city of Prague are examined by the Municipality of Prague.
(2) The appeal shall not have suspensory effect. '.
55. in § 72, the words "Regional Office of the Municipality with extended competence, Regional Office" are replaced by the words "State aid authorities."
56. The following Section 72a is inserted after Section 72:
Administrative decisions given by State aid authorities shall be exercised by those authorities unless an application for judicial enforcement is made; enforcement of the decision shall be carried out by the State Social Aid Authority which issued the decision at the first stage of the procedure. ';
57.
(1) The Law on the City of Prague applies to the exercise of the delegated powers of the authorities of the capital of Prague on the State Social Support section. 22a)
(2) The regional authorities in the State Social Aid Sector in delegated responsibility provide professional and methodological assistance to the labour authorities and exercise control and supervision of their activities in State social support; the provisions of the Regional Law on the control of the delegation of municipalities and on the supervision of the exercise of the delegation of municipalities shall apply mutatis mutandis to the supervision of the work of the labour authorities in State social support.
22a) Act No. 131 / 2000 Coll., as amended. '
(58) Part Six, including the title and footnote (30a), shall be deleted;
Transitional provisions
1. The rights and obligations arising from the employment relationships of workers assigned to the work of municipal authorities with extended scope, which on 31 March 2004 performed tasks in the implementation of State social aid under a special legislation, shall be transferred from those municipal authorities to the State on the date of application of this Act under Article 249 (2) of the Labour Code. There is an organisational body of the State for the state in employment relations - the competent office of work, which is the office of work in the district of which the municipal office of the municipality, mentioned in the first sentence, is situated. The first and second sentences do not apply to the capital of Prague.
2. Administrative proceedings initiated in State social aid by the municipal authority of the municipality with extended competence or by the regional authority before the date of entry into force of this Act and before that date definitively completed shall be completed by the State Social Support Authorities under the responsibility conferred on them from the date of entry into force of this Act.
3. In the cases referred to in point 2, the time limits for the adoption of administrative decisions shall be extended by 30 days to the State Social Aid Authorities.
4. The exercise of a decision initiated by the municipal authority of a municipality with extended scope before the date of entry into force of this Act or the enforcement of a decision which can be initiated only after the date of entry into force of this Act, shall be completed or implemented by the authorities of State social assistance under the jurisdiction conferred on them from the date of entry into force of this Act.
5. For the purpose of carrying out the file separation in connection with the transfer of State social support activities from 1 April 2004 to the State Social Aid Authorities referred to in Article 1 (1) (a) (ii) and (iii) of Regulation (EU) No 1303 / 2013. Point 2, too, shall apply mutatis mutandis to the specific legislation governing the execution of the file separation in the context of the termination of the activities of the district authorities, with the transfer of documents, files and files from the municipal offices of the municipalities with extended scope to the employment offices, except where the capital of Prague will be responsible for the implementation of State social aid.
6. On 1 April 2004, state social aid establishments in which State social aid was implemented before 1 April 2004 become the place of work of those State social aid authorities for which, pursuant to Article 4 (1) (a) (ii) of Regulation (EC) No 659 / 1999, I move the relevant activities in state social support.
7. In determining the relevant income for the purposes of State social aid, the following shall be considered: Points 5 to 13 shall apply from 1 July 2004 to 1 October 2004 at the earliest if the entitlement to the social allowance and the housing allowance is claimed.
8. The provision allowance (Article I (22) and (23)) shall be paid for the last time if the entitlement is for December 2003; the transport allowance shall be paid for the last time if it is for the month of June 2004.
9. Overpayments in respect of parental contributions incurred for the purpose of carrying out a gainful activity to a greater extent than those provided for by the provisions in force before 1 January 2004 and for the purpose of settlement of parental contributions which have not been definitively decided before 1 January 2004 shall not be enforced.
10. The conditions for entitlement to, payment and payment of the parental allowance for the period prior to 1 January 2004 shall be assessed in accordance with the provisions in force before that date, with the last settlement of the parental allowance for the calendar year 2002.
11. The Treaties, including their Appendices, concluded between the Ministry of Labour and Social Affairs and the municipalities, whose municipal authorities implemented State social aid on 31 March 2004, on the free transfer of the assets of the Czech Republic referred to in Article CXVII (12) of Act No. 320 / 2002 Coll., on the amendment and repeal of certain laws in connection with the cessation of the activities of district offices, including those which form an information system and which are transferred to these municipalities after 31 December 2002, shall be repealed on 1 April 2004. The previous sentence does not concern contracts on the basis of which such property was transferred to the capital of Prague and regional authorities.
Amendment to Act No. 582 / 1991 Coll., on the organisation and implementation of social security
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 1997 Coll., Act No. 238 / 2000 Coll., Act No. 93 / 1998 Coll., Act No. 140 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 118.
1. In Paragraph 8 (2) (c), the words "the Municipal Office 'are replaced by the words" the State Social Aid Office'.
2. In the second sentence of Article 16 (1), the words "to the municipal authorities with extended scope 'are replaced by the words" to the State Social Support Offices' and, in the third sentence, the words "and to the State Social Support Offices' are inserted after the words" regions'.
Amendment to Act No. 21 / 1992 Coll., on Banks, as amended
In Section 38 (3) (f) of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 126 / 2002 Coll., the words "the district authorities in the case of overpayment proceedings on social security benefits and 'are replaced by the words" municipal authorities in the municipalities with extended jurisdiction or entrusted municipal authorities in the case of overpayment proceedings on social security benefits or State aid authorities in the case of overpayment proceedings on benefits'.
EFFECTIVE
This Law shall take effect on 1 January 2004, with the exception of Article I (2), (4), (15), (17), (24), (27), (29) to (31), (33) to (50), (54) to (58), Article III to (V), which shall take effect on 1 April 2004, and with the exception of Article I (1) (5) to (14), (16), (18), (25), (52) and (53), which shall take effect on 1 July 2004.
Zaoralek v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 453 / 2003 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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