Act No. 47 / 2006 Coll.
Act amending Act No. 100 / 1988 Coll., on Social Security, as amended, Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended, and Act No. 48 / 1997 Coll., on Public Health Insurance and on the Amendment and Addition of Certain Related Acts, as amended
Valid
Effective from 27.02.2006
47
THE LAW
of 27 January 2006
amending Act No. 100 / 1988 Coll., on Social Security, as amended, Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended, and Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Social Security Act
Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 1 / 1991 Coll., Act No. 46 / 1991 Coll., Act No. 155 / 1991 Coll., Act No. 350 / 1991 Coll., Act No. 84 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 266 / 1993 Coll., Act No. 133 / 1997 Coll., Act No. 91 / 1992 Coll., Act No. 182 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1995 Coll., Act No. 266 / 1993 Coll., Act No. 182 / 1994 Coll.
1. In Paragraph 94, the sentence "If the claimant is a citizen of a Member State of the European Union who is registered in the territory of the Czech Republic for residence under special legislation (71) or his family member (72), who is registered in the territory of the Czech Republic for residence under special legislation (71), is a condition for entitlement to the benefit in writing, the competent authority should establish the data relevant for the assessment of the unjustifiable burden on the social welfare system under this law (hereinafter referred to as" unjustified burden on the system '); This does not apply if this applicant is declared permanent residence in the Czech Republic.'
footnotes 71 and 72 read:
"71) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
72) § 15a of Act No. 326 / 1999 Coll., as amended by Act No. 217 / 2002 Coll. '
2. In Paragraph 103, the sentence "Citizens of a Member State of the European Union and their family members 72) shall be added at the end of paragraph 1 to benefit from benefits and services if they are declared to reside in the Czech Republic under a special legislature71) for a period of more than 3 months, unless they are entitled to social benefits from a directly applicable regulation of the European Community73)."
Footnote 73 reads as follows:
"73) Article 7 of Council Regulation (EEC) No 1612 / 68 of 15 October 1968 on the free movement of workers within the Community. Commission Regulation (EEC) No 1251 / 70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after their employment in that State. '
3. The following Section 103a is inserted after Section 103, including the title and footnotes No 74 to 78:
Assessment of the unjustifiable burden on the welfare system
(1) If a citizen of a Member State of the European Union who has been declared in the territory of the Czech Republic for a stay under special legislation (71) for a period of more than 3 months, or his family member (72), who has been declared in the territory of the Czech Republic for a stay under special legislation (71) for a period of more than 3 months, the competent authority shall at the same time assess whether that person has become an unjustified burden on the welfare system; This does not apply if this person is declared permanent residence in the Czech Republic.
(2) The person referred to in paragraph 1 shall not be considered as an unjustifiable burden on the system if:
(a) is a participant in sickness insurance (74), not for a pupil or a student, or as a self-employed person in the pension scheme (63), or is a person entitled to social benefits by virtue of a directly applicable regulation of the European Communities (73); or
(b) before the start of the welfare benefit procedure, she was in the Czech Republic for a period of at least 5 years and of this immediately before the start of the welfare benefit procedure for at least 1 year participated in the sickness insurance scheme (74), not for a pupil or student, or as a self-employed pensioner (63), and does not have an underpayment on insurance premiums and social security penalties and a contribution to the state employment policy at the time of the opening of the procedure.
(3) In assessing the unjustifiable burden of the system, the following elements shall be assessed for a person who does not meet the conditions referred to in paragraph 2:
(a) length of stay under the special legislation (71) in the Czech Republic,
(b) the period of employment or self-employment in the Czech Republic;
(c) the period of continuous preparation for the future career (75) in the Czech Republic,
(d) the possibility of employment in the Czech Republic according to the qualifications acquired, the need for increased care in employment mediation and unemployment rates.
(4) The competent authority shall proceed with the score by:
(a) in the case of a person who has been declared in the territory of the Czech Republic for residence under a special legislature71), for the period of
1. from 1 to 3 years, 2 points,
2. from 3 to 6 years, 4 points,
3rd from 6 to 8 years, 6 points,
4.8 or more years, 8 points;
(b) in the case of a person who has been liable for social security contributions and a contribution to national employment policy, or who is continuously preparing for a future occupation in the Czech Republic (75), for the period of:
1.12 to 24 months, 4 points,
2.25 to 36 months, 8 points,
3.37 to 48 months, 12 points,
4.49 to 60 months, 16 points;
(c) account for the person who:
1. not qualified, 0 points,
2. has middle education, 2 points,
3. has a higher vocational education, 4 points,
4. has a higher education, 6 points;
(d) account for a person who would not receive increased care under the special legislature76), 4 points;
(e) account for a person who is declared to be resident under special legislature71) in a district where the unemployment rate in the calendar month preceding the date of application is published by the Ministry of Labour and Social Affairs in a manner that allows remote access
1. exceeded by more than 10% the average unemployment rate in the Czech Republic, 0 points,
2. exceeded by less than 10% the average unemployment rate in the Czech Republic, 2 points,
3. was higher than 50% of the average unemployment rate in the Czech Republic and did not exceed the average unemployment rate in the Czech Republic, 4 points,
4. was less than 50% of the average unemployment rate in the Czech Republic, 6 points.
(5) A person whose score is 10 or less shall be regarded as an unjustifiable burden on the system. A person whose score is 20 or more points shall not be regarded as an unjustified burden on the system.
(6) Where the score of a person is more than 10 points and does not reach 20 points, the competent authority shall, according to the personal circumstances considered, consider whether he is a person who is an unjustifiable burden on the system. When assessing whether a person is an unjustifiable burden on the system, its links to persons close to 77) resident in the Czech Republic are also taken into account, whether there is temporary difficulties and the potential burden on the welfare system by providing benefits to the person concerned.
(7) The competent authority shall be entitled to assess whether a person is an unjustifiable burden on the system, also once the person under consideration has changed its social circumstances.
(8) The administrative authorities, social security authorities, the police of the Czech Republic, municipalities and employers of the persons referred to in paragraph 1 are required to communicate, at the request of the competent authority, the information needed to assess whether a person is an unjustified burden on the system. If the competent authority notifies the Police of the Czech Republic that the person is an unjustifiable burden on the system78), the Police of the Czech Republic shall communicate to the competent authority the termination of the temporary stay of the person under the special legislation71). The police of the Czech Republic shall immediately inform the competent authority, upon request, whether the person applying for or receiving the social security benefit has been terminated under the special legislation of the Czech Republic.
74) Paragraph 2 (1) of Act No. 54 / 1956 Coll., on Disability Insurance of Employees, as amended by Act No. 180 / 1990 Coll., Act No. 37 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 359 / 2004 Coll., Act No. 436 / 2004 Coll. and Act No. 168 / 2005 Coll.
75) § 12 of Act No. 117 / 1995 Coll., as amended.
76) Paragraph 33 (1) of Act No. 435 / 2004 Coll., on Employment.
77) § 116 of the Civil Code.
78) § 106 (3) of Act No. 326 / 1999 Coll., as amended by Act No. 428 / 2005 Coll. '.
Transitional provisions
1. The benefit procedure for applicants referred to in Section 103a of Act No. 100 / 1988 Coll., as effective from the date of entry into force of this Act, initiated and final before the date of entry into force of this Act, shall be completed in accordance with the existing legislation, if this is more favourable to that applicant.
2. Until the period assessed in accordance with Sections 103 and 103a of Act No. 100 / 1988 Coll., as effective from the date of entry into force of this Act, the period completed before the date of entry into force of the Act shall be counted, starting from 1 May 2004 at the earliest.
3. The competent authority is entitled to assess whether the person who received benefits before the date of entry into force of this Act is an unjustifiable burden on the system under Article 103a (7) of Act No. 100 / 1988 Coll., as effective from the date of entry into force of this Act, mutatis mutandis.
Amendment of the Act on the competence of the institutions of the Czech Republic in social security
Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended by Act No. 125 / 1990 Coll., Act No. 210 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 459 / 1990 Coll., Act No. 9 / 1991 Coll., Act No. 144 / 1991 Coll., Act No. 582 / 1991 Coll., Act No. 84 / 1993 Coll., Act No. 151 / 1993 Coll., Act No. 320 / 1993 Coll., Act No. 518 / 2002 Coll., Act No. 501 / 1991 Coll., Act No. 144., Act No. 144 / 1991 Coll., Act No. 144 / 1999 Coll., Act No. 360 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 155., Act No. 155.
1. In Part Two, Title II, the following Part 11 is inserted after Part 10:
Assessment of the unjustifiable burden on the welfare system
(1) Authorised municipal authority
(a) assess whether a citizen of a Member State of the European Union who is declared to reside in the territory of the Czech Republic under special legislation 22a), or his family member 22b), who is reported to reside in the territory of the Czech Republic under special legislation 22a), has not become an unjustifiable burden on the welfare system;
(c) the finding that the person referred to in (a) has become an unjustifiable burden on the welfare system.
(2) The competent municipal authority shall be empowered to carry out the assessment and notification referred to in paragraph 1 again in justified cases.
22a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
22b) § 15a of Act No. 326 / 1999 Coll., as amended by Act No. 217 / 2002 Coll.
22c) § 106 (3) of Act No. 326 / 1999 Coll., as amended by Act No. 428 / 2005 Coll. '
2. The following Section 54a is inserted after Section 54:
The local jurisdiction of the municipal office responsible for the procedure under § 51a shall be governed by the place of residence 22a) of the person referred to in § 51a (1) (a). '
Amendment to the Public Health Insurance Act
In Article 7 (1) (k) of Act No 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, the words "persons who" are fully disabled or who "are" and the words "to be recognised" are replaced by the words "to be granted a full invalidity pension or an old-age pension."
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 47 / 2006 Coll., amending Act No. 100 / 1988 Coll., on Social Security, as amended, Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended, and Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.02.2006 |
|---|---|
| Effective from | 27.02.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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