Act No. 58 / 1947 Coll.
Act amending and supplementing the Act of 13 December 1945, No. 154 Coll., on the family allowances of certain persons insured in the event of illness
Valid
Effective from 01.01.1947
58.
Law
of 2 April 1947
amending and supplementing the Act of 13 December 1945, No 154 Coll., on the family allowances of certain persons insured in the event of illness.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Act of 13 December 1945, No 154 Coll., on the family allowances of certain persons insured in the event of illness, is amended as follows:
1. In Section 1, the words "on the territory of the Czechoslovak Republic 'shall be inserted after the words" on the territory of the Czechoslovak Republic'.
2. the following Section 1 (a) is inserted after Section 1:
(1) A staff member entitled to a family allowance under this Act shall be considered to have been insured for at least 45 days in the calendar quarter for which the allowance is granted under the rules referred to in paragraph 1, or, in that and in the preceding calendar quarter together, for at least 90 days. Until that time, however, the period of compulsory sickness insurance for which the staff member was not entitled to the salary cannot be substantially counted.
(2) The period of compulsory insurance referred to in paragraph 1 is equivalent to:
(a) the period of presence or equivalent military service (gun exercises); and
(b) the period of study at the ordinary school, if the staff member has been insured for at least 182 days in accordance with the rules referred to in Article 1 in the last 12 months prior to the beginning of the military service or before entering the ordinary school;
(c) the period during which the staff member was entitled to sickness or aid in six Sundays under the sickness insurance rules referred to in Article 1.
3.
(1) Married, illegitimate, stepfather and adopted children under the age of 18 shall be deemed unprovided.
(2) Children (paragraph 1) older than 18 years of age shall also be deemed not to be provided,
(a) where the child is trained scientifically or professionally for his or her future profession (such as a student at a proper school, apprentice, trainee or other), in this case up to 24 years of age,
(b) where the child for a mental or physical defect is unfit for profit,
and the child's own income does not exceed 1800 CZK in the calendar quarter.
(3) Children older than 18 years of age who do not fulfil the conditions of paragraph 2, as well as grandchildren, siblings and shelters, may also be considered as undependent children in cases of good concern. It will determine the directives issued by the Board of the Fund (Section 12). The Directive is approved by the Minister for Social Welfare.
(4) If more than one person has met the conditions for granting the same child allowance, the allowance shall be granted once, to the one who has the child in direct custody.
(5) If the child does not live permanently with the employee in the common household and if the employee contributes to his or her nutrition to an amount of less than 1800 CZK in the calendar quarter, the family allowance shall be paid directly to the person who has the child in direct support.
4.
(1) The family allowances are:
| na 1 dítě | 150 Kčs měsíčně, |
| na 2 děti | 350 Kčs měsíčně, |
| na 3 děti | 600 Kčs měsíčně, |
| na 4 děti | 900 Kčs měsíčně, |
| na 5 dětí | 1250 Kčs měsíčně, |
| na 6 dětí | 1650 Kčs měsíčně, |
| na 7 dětí | 2100 Kčs měsíčně, |
| na 8 dětí | 2600 Kčs měsíčně, |
| na 9 dětí | 3100 Kčs měsíčně, |
| na 10 dětí | 3600 Kčs měsíčně. |
This amount shall be increased per additional child not provided by 500 CZK per month.
(2) It is for the family allowance to be paid for each calendar month in which the staff member [Paragraph 1a)] takes care of an uninsured child (Section 2).
5.
(1) A family allowance may be granted to an uninsured child of an employee (§ 1a)] even if he does not care for the child; in this case, the allowance shall be paid to the person who takes care of the child. The directives to be drawn up by the Board of Directors of the Fund will be determined more closely. The Directive is approved by the Minister for Social Welfare.
(2) Family allowances are not due to the child,
(a) to which education is granted under the rules applicable to civil servants;
(b) for which education is granted under pension social insurance (provision) rules equal to at least a family allowance under this law.
(3) Persons entitled to family allowances under this Act cannot receive special allowances under the Government Decree of 21 November 1941, No 441 Coll., on special allowances to numerous families.
6.
(1) The family allowance is due on a quarterly basis.
(2) The Minister for Social Welfare is hereby authorised, after hearing the Central Council of Trade Unions, to set deadlines for payment in the Official Journal. It may determine that family allowances are paid in other periods.
7.
The entitlement to family allowances for each month (Section 3, paragraph 2) shall be suspended if the application for the family allowance has not been submitted within 12 months of the last day of the month.
8.
(1) The spouse of the employee, the guardian of his children, the holder of a mass order or the municipality of the employee's residence may propose to the district court of the employee's residence to designate the person, corporation or office to whom the allowances are to be paid to the staff member's post, if it is clear that the payment of the allowance to the staff member would not have achieved the purpose of the allowance being served or that the interests of the uninsured children would be harmed. The Court of First Instance shall decide by order following an uncontested procedure in accordance with the provisions laid down by the guardian. If the court conforms to the application, he to whom the allowance is paid shall be obliged only to spend it for the benefit of uninsured children. The allowances paid to him are the property of the employee entrusted to him.
(2) The transfer, cessation or seizure of claims under this Act is only admissible and legally effective if it takes place for the benefit of a person who takes care of the dependent children of an employee.
(3) If the employer provides child allowance (education, education and etc.) to the employee, he shall be entitled, up to the above mentioned in § 3 (1), to take into account the family allowance provided for in this Act.
9. Article 8 is amended as follows:
(a) The existing provision becomes paragraph 1, in the first sentence of which the words "referred to in the previous provisions" are replaced by the words "imposed by this law (§ 9 (3))."
(b) Paragraph 2 is added as follows:
(2) The overpayments referred to in paragraph 1 may be deducted at the next payment of family allowances to the same beneficiary.
10.
(1) The application for a family allowance is submitted to the competent carrier of sickness insurance. The details of the submission of the proposal shall be determined by the Minister for Social Welfare by a decree in the Official Journal.
(2) The beneficiary is obliged to prove his entitlement to family allowances.
(3) The beneficiary shall be obliged to notify the beneficiary of the allowance within 15 days of the change of residence, as well as changes in the arrangements applicable to the grant or payment of the allowance.
11. The current § 9 becomes § 9 a). In paragraph 1 of this Article, the second sentence of the following text is added:
"This is not necessary if the family allowance is granted."
12.
(1) The family allowance fund established at the Ministry of Social Welfare is the bearer of rights and obligations under this Act.
(2) The institution of the Fund is the board of directors whose members are appointed and dismissed by the Minister for Social Welfare as regards members from Slovakia on a proposal from the social security officer.
(3) The Board of Directors shall consist of the President, 2 Vice-Presidents and 9 other members. The President shall be the representative of the Ministry of Social Welfare, the first Vice-President shall be the representative of the Social Welfare Officer and the second representative of the staff appointed on a proposal from the Unified Trade Union Organisation. Of the other nine members of the board, one representative of the Ministry of Finance, one representative of the Ministry of Health, two representatives of the social insurance holders - one from Slovakia and five representatives of employees. Representatives of the insurance holders and of the employees shall be appointed on a proposal from the Single Trade Union Organisation. A replacement shall be appointed for each of these members.
(4) Details of the management, management and accounting of the Fund shall be determined by the Statutes issued by the Board of Directors. The Statutes are approved by the Minister for Social Welfare.
(5) Carriers of sickness insurance pay family allowances on behalf of the Fund.
(6) Carriers of sickness insurance pay the surplus of the Fund's contributions in a manner specified by the Board of Directors.
13.
(1) Authorities, public authorities, courts and public bodies are obliged to cooperate in the implementation of this law.
(2) The assets, legal acts and instruments of the Fund shall be exempt from taxes, levies and charges.
(3) The lodging and documents relating to family allowances shall be exempt from benefits and charges.
14.
The Fund shall provide adequate compensation for the costs incurred by the holders of insurance in the implementation of this Act. Its amount shall be determined by the Minister for Social Welfare after hearing the Board of Directors of the Fund and the holders of insurance.
15. Paragraph 15 (2) shall be deleted and Article 15 (1) shall become the sole provision of this paragraph.
16.
(1) In addition to the tasks provided for in this Act, the Family Benefits Fund may use parts of its surplus management to promote a healthy population in all classes of the population, in particular:
(a) granting one-off aid to future mothers;
(b) setting up and supporting facilities for children;
(c) providing individual aid in cases of particularly socially and popularly justified;
(d) promoting scientific research on population and childcare issues.
The details shall be determined by a directive issued by the Board of the Fund. The Directive is approved by the Minister for Social Welfare in agreement with the Minister for Health.
(2) The amount of the surplus amount of the Fund for the purposes referred to in paragraph 1 shall be determined annually by the Board of the Fund. The Board's resolution is approved by the Minister for Social Welfare in agreement with the Minister for Finance.
(1) This Act takes effect on 1 January 1947, with the exception of the provisions of Paragraph 13 (2) of Law No 154 / 1945 Coll. as amended by that Act, which takes effect on 1 December 1945.
(2) The provisions of this Act shall not apply to family allowances for a period expiring on 31 December 1946.
(3) This Act will be implemented by the Minister for Social Welfare in agreement with the Minister for Finance.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 58 / 1947 Coll., amending and supplementing the Act of 13 December 1945, No. 154 Coll., on the family allowances of certain persons insured in the event of illness |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.1947 |
|---|---|
| Effective from | 01.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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