Government Decree No. 595 / 2006 Coll.
Government regulation on the method of calculation of the basic amount which must not be deducted from the monthly salary in the enforcement process and on the determination of the amount above which the wage is subject to haircuts without limitation (Regulation on non-recoverable amounts)
Valid
Regulation
Effective from 01.01.2007
595
GOVERNMENT REGULATION
of 12 December 2006
on the method of calculating the basic amount which must not be deducted from the monthly salary in the course of enforcement and determining the amount above which the wage is subject to haircuts without limitation (Regulation on non-recoverable amounts)
The Government orders, pursuant to § 278 and § 279 (3) of Act No. 99 / 1963 Coll., the Civil Code:
(1) The basic amount, which may not be deducted from the monthly salary under Paragraph 278 of the Civil Code, is equal to 85% of the sum of the amount of the life minimum of the individual under the legislation governing the minimum of living, the amount of the standard rent and the amount of the energy flat-rate under the legislation governing the benefit of state social assistance (hereinafter referred to as the "non-recoverable amount") per person obliged to pay maintenance; for the purposes of paragraph 1, the spouse of the debtor or the partner of the debtor under the Civil Code or the Law on Registered Partnership shall not be considered to be a person liable for maintenance. The calculation according to the first sentence shall use the amount of the standard rent for a single household in a municipality with at least 70 000 inhabitants and the amount of the energy flat-rate for a single household.
(2) A spouse of a debtor or a partner of a debtor under the Civil Code or the Registered Partnership Act shall be credited with one quarter of the non-commensurate amount, even if he has a separate income, if the obliged payer proves that he or his spouse or partner under the Civil Code or the Registered Partnership Act has been awarded an old-age pension, an invalidity pension for the invalidity of the second or third degree or an orphan's pension. If a pensioner finds from his official activity that a pension has been granted to the debtor under the first sentence, he shall count on the spouse or partner of the debtor under the Civil Code or the Registered Partnership Act one quarter of the amount not recoverable, even if the debtor fails to demonstrate that. A single quarter of the non-commensurate amount to each spouse shall be included for a child who is co-dependent on the salary of both spouses separately. One quarter of the non-commensurate amount shall not be taken into account for any of those in respect of which enforcement of the maintenance claim decision has been ordered, if the enforcement of the decision continues.
The amount over which the remainder of the net wage calculated in accordance with the first sentence of Paragraph 279 (1) of the First Code of Civil Procedure shall be deducted without limitation shall be 1,9 times the sum of the sum of the life minimum of the individual, the amount of the standard rent and the amount of the energy flat-rate referred to in Article 1 (1).
The basic amount which must not be deducted from the monthly salary shall be rounded up to the whole crown.
In calculating the non-commensurate amount and the amount over which the balance of the net wage shall be deducted without limitation, the amount of the life minimum of the individual, the amount of the standard rent and the amount of the energy flat-rate referred to in Article 1 (1) shall be used as at 1 January of the calendar year in which the wage is paid.
Government Decree No. 63 / 1998 Coll., on the method of calculating the basic amount which must not be deducted from the monthly wage in the enforcement process and on determining the amount above which the wage is subject to haircuts without limitation (the Regulation on non-commensurate amounts), shall be repealed.
This Regulation shall enter into force on 1 January 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister of Justice:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Government Decree No. 595 / 2006 Coll., on the method of calculating the basic amount which must not be deducted from the monthly salary in the enforcement of the decision and on determining the amount above which the wage is subject to deductions without limitation (Regulation on non-recoverable amounts) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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