Act No 66 / 2022 Coll.
Law on measures in the field of employment and social security in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Valid
Law
Effective from 21.03.2022
Zobrazeno prvních 200 z celkem 232 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
66
THE LAW
of 17 March 2022
on measures relating to employment and social security in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
The Act provides for measures in the field of employment and social security (1) which apply to foreigners who have been granted temporary protection in the Czech Republic under the law on certain measures in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian federation2 troops, hereinafter referred to as "a foreigner with temporary protection ', and to holders of a licence for long-term residence in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops under the law on certain measures in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops.
SPECIFIC STAFF RULES
For the purposes of the Employment Act, an alien with temporary protection and a licence holder for long-term residence in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops shall be considered to be a foreigner with a permanent residence permit under the Law on the residence of foreigners in the territory of the Czech Republic.
SPECIFIC RULES ON SOCIAL SECURITY RIGHTS
(1) A child care service provider in a child group may also provide a child care service in a child group by parents of a child who is a foreigner with temporary protection, even if he is not the employer of the child's parent.
(2) For a period of 6 months from the date of granting temporary protection to a child who is a foreigner with temporary protection, compliance with the condition laid down in Article 20a (2) of the Child Care Service Act in the Children's Group for the purpose of obtaining a benefit for the operation of a child group, consisting of the occupancy of a capacity position of a child whose parent who concludes a contract for the provision of a child care service in a child group is employed, is studied in the daily form of a study, is registered as a candidate for employment or is a self-employed person who is not required to pay advances for pension insurance and a contribution to a state employment policy; Paragraph 11 (1) (i) of the Child Care Service Act in the child group shall not apply for that period.
(3) Where a child who is a resident with temporary protection is not under the care of a parent or other person who has been entrusted by a decision of the competent authority to the care of the parent, the parent shall also be considered to be the parent for the purposes of the child care service law in the child group; where that person does not have a written document signed by the parent of the child, he shall provide proof of that fact and of the reason for which that document cannot be presented by written declaration of honour. If, in accordance with the sentence of the first part, a person receives, in front of the semicolon, proof of the child's custody, signed by the parent of the child, the document shall be presented without delay to the provider.
(4) A foreigner with temporary protection may carry out an activity involving the upbringing and childcare of a child under Section 2 of the Child Welfare Act, provided that he is an adult and a competent person, has a pedagogical, social or health education, or has a middle education with a senior examination, if he has acquired experience in the field of childcare from 6 months to the start of compulsory education of at least 5 years, provided that he is a legal person under Section 5a (2) of the Child Welfare Act, and that he is engaged only in the presence of a caring person. The practice achieved may be demonstrated by a foreign with temporary protection under the first sentence for the first 6 months from the date of granting of temporary protection by a declaration of honour. At the end of this period it is possible to prove the practice achieved by an honest declaration unless it can be proved properly; the alien with temporary protection shall at the same time state the reason for which the practice achieved cannot be demonstrated properly.
(5) For the first six months from the date of granting of the temporary protection, an alien with temporary protection referred to in paragraph 4 may prove his / her education. After this period, it is possible to prove the education achieved by an honest declaration unless it can be demonstrated properly; the alien with temporary protection shall at the same time state the reason for which the education obtained cannot be demonstrated in a proper manner.
(6) An alien with temporary protection as referred to in paragraph 4 may prove integrity for the first 6 months from the date of granting of temporary protection by a declaration of honour; then he is obliged to provide proof of integrity with an extract from the record of the Register of Penalties during his stay in the Czech Republic on the basis of the temporary protection granted.
(7) Where an alien with temporary protection as referred to in paragraph 4 carries out an activity involving the upbringing and care of a child under Section 2 of the Child Care Service Act in a child group, it shall be considered as a caring person for the purpose of complying with the conditions laid down in Section 7 (6) (b) and (c) of the Child Care Service Act in the child group.
(8) The condition laid down in Article 20a (2) of the Child Care Services Act in the Children's Group for the entitlement to a contribution to the operation of a child group, consisting of the submission of an application for a contribution to the operation of a child group by 31 January of the calendar year for which the provider applies for a contribution to the operation of a child group, is not required.
(9) The procedure for granting a contribution to the operation of a child group shall be initiated following an application for a contribution to the operation of a child group if the application for a contribution to the operation of a child group is submitted after 31 January of the calendar year to which the provider applies for a contribution to the operation of a child group; Article 20h (1) and Article 20i (4) of the Child Care Service Act do not apply.
The Charter, which can be used in the territory of the Czech Republic without further verification in accordance with the Treaty between the Czech Republic and Ukraine on Legal Assistance in Civil Matters, may be replaced by an affidavit of the person who is obliged to submit the Charter in order to take the necessary measures to protect a minor child who is a foreigner with temporary protection by the social protection authorities.
(1) Foreign persons with temporary protection who fulfil the conditions laid down in the Social Services Act are granted social services. If the income, social and property conditions of a foreigner with temporary protection are such that they do not allow him to pay part of the cost of providing social services, social services shall be provided without payment of costs. The cost of social services, according to the second sentence, shall be borne by the State. His income, social and property conditions shall be evidenced by a stranger with temporary protection with all documents available or by a declaration of honour.
(2) For the first 6 months from the date of granting temporary protection, a foreign with temporary protection may, for the purpose of carrying out the activity referred to in Section 116 (1) of the Social Services Act, prove the educational attainment of a similar basic education under the Education Act by an honorary declaration. At the end of this period, it is possible to prove the education achieved similar to basic education under the Education Act by means of an honest declaration unless it can be demonstrated properly; the alien with temporary protection shall at the same time state the reason for which the education obtained cannot be demonstrated in a proper manner.
(3) A foreigner with temporary protection may, for the purpose of carrying out an activity under Paragraph 116 (1) of the Social Services Act, provide proof of integrity by an honest declaration for the first six months from the date of granting of temporary protection; he is then obliged to provide proof of integrity with an extract from the Register of Penalties for the period of residence in the Czech Republic on the basis of temporary protection.
Humanitarian dose
(1) If the income ratios of a foreigner with temporary protection who resides in the territory of the Czech Republic and of his property ratios in the Czech Republic are such that they do not allow him to provide basic living needs or to pay for housing costs up to the amount of the housing or accommodation costs payable, a humanitarian benefit shall be granted upon request ("benefit"); the property and income ratios of foreigners with temporary protection who live together and jointly cover the costs of their needs shall be assessed jointly and a single levy shall be provided together. The benefit of a foreigner with temporary protection does not apply if he is provided free of charge with all-day meals, basic means of personal hygiene and accommodation.
(2) Income shall not be regarded as income for the purposes of entitlement to benefits and exceptional immediate assistance under the law on assistance in material distress paid during the relevant period for which revenue is collected and the funds provided during the relevant period as grants to study foreigners with temporary protection, or provided by the Foundation, the Association, the Asylum, Migration and Integration Fund or the United Nations Children's Fund. The income in foreign currency shall be converted into the Czech currency according to the relevant rate declared by the Czech National Bank on the first day of the period for which the income is collected. For the conversion of currencies where the Czech National Bank does not declare the relevant exchange rate, the exchange rate usually used by banks in the Czech Republic on the first day of the period for which income is collected shall be used. If income paid in foreign currency is subject to income tax pursuant to the Income Tax Act, convert into Czech currency in the manner applicable for income tax purposes.
(3) The condition that an alien with temporary protection resides in the territory of the Czech Republic is not fulfilled if his place of residence in the territory of the Czech Republic, as indicated in the application for a benefit, does not match the address of the place of residence of the alien kept in the basic population register and the alien does not remove this inconsistency even at the invitation of the Czech Labour Office - Regional Branch or branch for the capital city of Prague (the "Regional Branch of the Labour Office").
(4) The age of an alien with temporary protection responsible for determining the amount of the benefit shall be that which he reaches in the calendar month to which the benefit belongs.
(5) The period for which the conditions of entitlement to benefit are determined shall be the period of the calendar month for which the application for benefit is made, with the exception of housing costs and income to be collected for the calendar month preceding the month for which the application is made.
(6) Entitlement to benefit per calendar month shall be subject to compliance with the conditions laid down in this Law. Entitlement to pay the benefit for the calendar month for which entitlement has been acquired by fulfilling the conditions laid down in this Act shall cease if no application for benefit for that calendar month has been submitted by the end of that calendar month.
(7) The benefit is paid by the Regional Branch of the Labour Office. For a minor, his legal representative, if he does not have a legal representative in the Czech Republic, shall act as a person close to him or another person who looks after him. The benefit is paid by transfer to a payment account in a bank, a branch of a foreign bank or a savings and credit cooperative in the Czech Republic designated by the applicant, with the exception of the benefit for the calendar month in which the foreigners were granted temporary protection, which can be paid in cash. The dose is not paid abroad. The dose is not subject to enforcement.
(8) The administrative rules shall not apply in the levy proceedings.
(9) If an applicant for a benefit has been invited by the Regional Branch of the Labour Office to certify in person the facts relevant to the entitlement to the benefit, he shall comply with the call within 8 days of the date of receipt of the call, unless a longer period has been set by the Regional Branch of the Labour Office; If they do not do so within that period, the application for a benefit shall be rejected.
Registration of apartments for temporary protection
(1) Apartments which are provided for private housing to foreigners with temporary protection are included in the housing registration information system administered by the Ministry of Labour and Social Affairs (hereinafter referred to as "housing records"). For the purposes of this Act, an apartment is defined as a suite of rooms or a separate living room which, by its constructional technical arrangement and equipment, meet the requirements for permanent housing and are intended for use in accordance with the building law or are collapsed as an apartment.
(2) The housing register contains:
(a) identification of the owner of the apartment;
(b) the address of the apartment and the number of the apartment, if any;
(c) a written legal title for the use of the flat; and
(d) identification of aliens with temporary protection to whom the apartment was provided, the number of the visa sticker and the start and end of the residence.
(3) The information referred to in paragraph 2 shall be entered in the housing register by the owner of the apartment using electronic identification as determined by the Ministry of Labour and Social Affairs.
(1) Unless otherwise specified, the amount of the benefit for foreigners with temporary protection
(a) up to 18 years of age is CZK 3 490,
(b) from 18 years of age, the amount shall be CZK 4,860, unless otherwise specified,
(c) where he is a person with reduced self-sufficiency, he shall:
1.2.4 times the amount referred to in (a) or 1.7 times the amount referred to in (b) if the person with a self-sufficiency limitation is in step 2,
2.2,8 times the amount referred to in (a) or 1,9 times the amount referred to in (b) if the person with a self-sufficiency limitation is in step 3,
3.3.0 times the amount referred to in (a) or 2.1 times the amount referred to in (b) if the person with a self-sufficiency restriction is in stage 4,
4.3.4 times the amount referred to in (a) or 2.4 times the amount referred to in (b) if the person with a self-sufficiency limitation is at step 5,
(d) from 6 to 10 years of age shall be 1,2 times the amount referred to in (a);
(e) from 18 years of age from the month immediately following the calendar month in which the period of 150 days from the date on which temporary protection was granted to a stranger is CZK 3 130 if he is not a person
1. student; a foreign with temporary protection and a foreign with temporary protection is considered to be a student, and a foreign with temporary protection, which is constantly preparing for a future occupation in the Czech Republic, but no longer than the age of 26,
2. caring for a child under the age of 6; care for the same child can only be declared by one of the caregivers for the purposes of this benefit,
3rd pregnant,
4. over 65 years of age,
5. limiting self-sufficiency; or
6. caring for the person referred to in point 5 who has been identified as a caring person in the application for a dose.
(2) In order to determine the entitlement to the benefit and to determine its amount, the deductible housing costs shall be used for a person with temporary protection who has the cost of living on the basis of a valid housing title in an apartment included in the housing register. In order to determine the entitlement to the benefit and to determine the amount of the benefit for a person with temporary protection who has the cost of living in other accommodation areas than those referred to in the first sentence, the deductible cost of accommodation shall be used, if the stranger with temporary occupational protection or if registered as a candidate for employment by the Regional Branch of the Labour Office. The condition that an alien with temporary protection must be employed or registered as a candidate for employment by the Regional Branch of the Labour Office shall not apply if he is a foreigner with temporary protection referred to in paragraph 1 (a) or paragraph 1 (e) (1) to (6).
(3) The Government, according to the development of the armed conflict on the territory of Ukraine and its impact on the possibility of ensuring adequate housing for foreigners with temporary protection in the territory of the Czech Republic, provides for the amount of the eligible housing costs in the housing records and the amount of the eligible accommodation costs in other accommodation areas; the amount of deductible costs may be determined differently for aliens with temporary protection referred to in § 6b (1) (a) or § 6b (1) (e) (1) to (6) and for other foreigners with temporary protection.
(4) In order to determine the amount of the benefit to an alien with temporary protection, which is assessed separately, the sum of his or her income shall be deducted from the sum of the corresponding amount of the benefit referred to in paragraph 1 and the corresponding amount of the deductible cost of housing or the deductible cost of accommodation per person. If the resulting amount determined in accordance with the sentence is greater than 0, the amount of the benefit shall be the amount of the difference achieved in accordance with the sentence of the first sentence, unless otherwise specified. If the resulting amount determined according to the sentence reaches the first value of 0 or less, the dose does not apply. If the resulting amount determined according to the sentence is above 0 but below 50, the amount of the levy is CZK 50.
(5) In order to determine the amount of the benefit to foreigners with temporary protection who live together and jointly pay the costs of their needs, the sum of their respective amounts of benefits referred to in paragraph 1 and the corresponding amount of the deductible cost of housing or accommodation determined according to the number of foreigners with temporary protection who live together and jointly pay the costs of their needs shall be deducted from the sum of their income. If the resulting amount determined according to the sentence reaches the first value of 0 or less, the dose does not apply. If the resulting amount determined in accordance with the sentence is greater than 0, the amount of the benefit shall be the amount of the difference achieved in accordance with the sentence of the first sentence, unless otherwise specified. If the resulting amount determined according to the sentence is above 0 but below 50, the amount of the levy is CZK 50.
(6) No entitlement to benefit shall be granted where the amount of funds in the applicant's accounts exceeds twice the corresponding amount of benefit referred to in paragraph 1, or where the amount of funds in the accounts of foreigners with temporary protection who live together and jointly pay the cost of their needs is greater than the sum of twice the corresponding amount of benefits referred to in paragraph 1.
(1) A benefit application may be submitted only in electronic form, except for the first application, which may also be submitted in paper form.
(2) The application for a dose contains:
(a) identification details of the applicant and of the aliens with temporary protection who live together and jointly cover their needs;
(b) an indication of the place of residence of the applicant and of foreigners with temporary protection who live together and jointly cover their needs in the Czech Republic,
(c) an indication of the granting of temporary protection to applicants and foreigners with temporary protection who live together and jointly pay the costs of their needs;
(d) details of all the income of the applicant and of foreigners with temporary protection who live together and jointly pay the costs of their needs;
(e) identification of the employer of the applicant and of aliens with temporary protection who live together and jointly cover their needs;
(f) identification of the accounts of the applicant and of foreigners with temporary protection who live together and jointly pay the costs of their needs, and details of the funds in those accounts;
(g) a declaration of ownership in the territory of the Czech Republic of applicants and foreigners with temporary protection who live together and jointly pay the costs of their needs;
(h) the registration number of the tax payer's registration card in Ukraine, which is the applicant, as well as of foreigners with temporary protection, who live together with the applicant and jointly cover the costs of their needs, if granted, or an indication of the place of residence in Ukraine prior to the granting of temporary protection, in the event that the registration number has not been granted or not known to aliens with temporary protection.
(3) Where the applicant has the cost of housing in an apartment which is included in the housing register, the application shall also contain the identification details of the owner of the apartment.
(4) The information provided in the application shall be supported by all documents available or by a declaration of honour; The affidavit cannot be used for data on income from dependent activities carried out in the Czech Republic, which is evidenced by the applicant's confirmation from the employer. All facts are evidenced in electronic form, unless the Regional Branch of the Labour Office determines that they can be presented otherwise.
(5) If the certificate of income from the dependent activity carried out in the Czech Republic is not submitted by the applicant for the benefit, the Regional Branch of the Labour Office shall determine the amount of income in accordance with the procedure laid down in Section 7; if the Regional branch of the Labour Office does not find income from the dependent activity by this procedure, it shall invite the applicant to submit a certificate of income for the benefit.
Self-sufficient person
(1) For the purposes of this Act, a natural person who, as a result of a long-term unfavourable health condition, requires the assistance of another natural person in the management of activities and capabilities in the areas referred to in Paragraph 6e (1) to an extent equivalent to at least step 1 in accordance with Section 6e (4) shall be considered to be a person who, as a result of a long-term unfavourable health condition, requires the assistance of another natural person in the management of activities and competences in the areas referred to in Section 6e (1), to the extent corresponding to at least step 1 in accordance with Section 6e (4) and that long-term unfavourable health condition, according to the knowledge of medical science, shall last more than 1 year.
(2) For the purposes of this Act, a person under 1 year of age shall not be considered to be a person with reduced self-sufficiency.
Evaluation of self-sufficiency limitations
(1) Limitation of self-sufficiency is assessed in areas
(a) mobility;
(b) cognitive and communication skills;
(c) behaviour and psychological problems,
(d) self-care;
(e) self-sufficiency in the management of claims and burdens caused by illness or treatment; and
(f) organisation of everyday life and social contacts.
(2) In the areas referred to in paragraph 1, the degree of self-sufficiency shall be assessed according to the self-sufficiency status of the person and the dependency of the person on the assistance of another natural person. The degree of self-sufficiency in each area shall be the following to determine the overall degree of self-sufficiency:
(a) mobility of 10%;
(b) cognitive and communication capabilities and behaviour and mental problems, depending on the significant impact on self-sufficiency of 15%;
(c) self-care 40%;
(d) self-sufficiency in the management of claims and burdens caused by illness or treatment of 20%;
(e) organisation of daily life and social contacts 15%.
(3) For a person under 18 years of age, the degree of self-sufficiency is assessed by comparison with self-sufficiency in healthy persons of the same age and the need for care resulting from the age of a person and the corresponding degree of biopsychosocial development is not taken into account. For a person under 18 years of age, when assessing the management of activities and competences in the areas referred to in paragraph 1, the extent, intensity and burden of care to be given to an assessed person with disabilities shall be compared with care to be given to a healthy natural person of the same age.
(4) According to the determined overall degree of self-sufficiency limitation determined in accordance with the procedure set out in the Annex to this Act, a foreign with temporary protection shall be assigned to one of the five levels of self-sufficiency limits. A stranger with temporary protection is a person with reduced self-sufficiency in
(a) step 1 if the self-sufficiency limit is expressed in a total of 12,5 to less than 27 points;
(b) step 2 if the self-sufficiency limit is expressed in a total of 27 to less than 47,5 points,
(c) step 3 if the self-sufficiency limit is expressed in a total of 47,5 to less than 70 points;
(d) stage 4 if the self-sufficiency limit is expressed in a total of 70 to less than 90 points;
(e) step 5 if the self-sufficiency limit is expressed as a total of 90 to 100 points.
(5) The assessment of activities and capabilities in the areas referred to in paragraph 1 shall assess the functional impact of the long-term adverse health status on self-sufficiency; without prejudice to assistance, supervision or care which does not result from the functional impact of the long-term adverse health status. In order to limit self-sufficiency at a specific stage, there must be a causal link between functional impairment due to long-term adverse health conditions and the loss of ability to manage activities and capabilities in the areas referred to in paragraph 1 in an acceptable standard. An acceptable standard shall be the management of activities and capabilities in the areas referred to in paragraph 1 in a quality and in a manner that is normal and normal and allows the management of those activities and capabilities without the daily assistance of another person. Functional competences shall be evaluated using the retained potential and competence of a natural person and using commonly available facilities, means, objects, daily needs or household equipment, public spaces or medical devices.
Assessment and determination of self-sufficiency limits
(1) The Health Assessment Institute is responsible for assessing and determining the degree of self-sufficiency reduction for the purposes of the levy. The assessment is a document issued for the purposes of the levy.
(2) The assessment of the degree of self-sufficiency limitation will be carried out by the Institute for Health Assessment at the request of a foreigner with temporary protection. The application shall be submitted electronically, using the form prescribed by the Health Assessment Institute. The application shall contain the name, names and surname, other identification details of the applicant and the name, address and contact details of the treating doctor or physicians in the Czech Republic. The application may be accompanied by supporting documents to assess the restriction of self-sufficiency in the Czech language or in the Czech language translated.
(3) When assessing the degree of self-sufficiency, the Health Assessment Institute shall be based on the health status of the person documented by the finding issued by the health service provider and, where appropriate, on the examination of the paediatric clinical psychologist in the case of pervasive developmental disorders and on the assessment of the degree of self-sufficiency reduction carried out in the applicant's own social environment.
(4) For the purpose of assessing the degree of self-sufficiency limitation, the applicant shall be obliged to submit to the self-sufficiency assessment entrusted to the Institute's professional non-medical health professional in his own social environment and to allow that person to enter his residence. In addition, the applicant shall submit to the health care provider designated by the Health Assessment Institute or any other professional examination to the designated health care provider the medical findings of the treating physicians who have been issued to him, communicate and document other data relevant for the preparation of the assessment or provide any other synergy necessary for the preparation of the assessment, if called upon by the Health Assessment Institute, within a period to be determined by the Health Assessment Institute. For the purposes of this Act, the applicant's own social environment means the applicant's home environment or an environment replacing the applicant's home environment, in particular social services facilities, children's facilities requiring immediate assistance or other similar facilities in which the applicant resides.
(5) The validity of the assessment result may be limited in time or without a time limit.
(6) If the applicant does not allow an assessment of the degree of self-sufficiency in his or her own social environment or of the health assessment referred to in paragraph 4, the assessment of the Institute shall not be carried out and the application shall be rejected.
(7) The Health Assessment Institute shall draw up an opinion within 30 working days of the date of receipt of the application referred to in paragraph 2. The Institute of Health Assessment will send it to the applicant no later than the following working day after the opinion is issued and the Czech Labour Office will also send the result of this assessment within that period. The Labour Office of the Czech Republic shall take into account the outcome of the assessment in the levy procedure which has been initiated but has not yet been definitively terminated or in the levy procedure which will be initiated after having received the opinion if the applicant is recognised by a person with reduced self-sufficiency.
(1) If, pursuant to Article 6c (5), the employer is requested to send a certificate of the amount of income of the applicant or other persons mentioned in the application for a benefit, he shall be obliged to send this certificate to the Regional Branch of the Labour Office within 8 days of the date of receipt of the call, unless the Regional Branch of the Labour Office has determined a longer period. If the employer has access to the data box (4), he / she is obliged to deliver a certificate of the amount of the income concerned only by remote access by means of a data message to the data box designated by the Regional Office Office of Labour or by using the information system. The employer is obliged to deliver the confirmation according to the second sentence according to the communication specification between the Regional Office of the Labour Office and the employer and in the format, with the content and structure of the data report, as determined by the Ministry of Labour and Social Affairs decree. If the confirmation of the amount of income does not meet these conditions, it shall not be taken into account; the regional branch of the Office of Labour is obliged to notify the employer who has delivered an income statement which does not fulfil these conditions and that this fact is not taken into account.
(2) The Ministry may conclude an agreement with the employer on the basis of which the regional branches of the Labour Office will make the calls pursuant to Paragraph 6c (5) and the employer will communicate the relevant data exclusively through the information system. The invitation of the Regional Branch of the Labour Office to communicate the relevant data made through the information system shall be received at the moment the employer enters the information system. Automated access of the employer to the information system by technical means without the participation of a natural person shall also be considered as entering the employer into the information system. If the employer does not enter the information system within 3 days of the call being made, the call shall be deemed to have been received on the last day of that period. The time limit for fulfilling the employer's obligation shall be 8 days from the date of receipt of the call through the information system, unless the Regional Branch of the Labour Office has determined a longer period. The agreement referred to in the first sentence shall include:
(a) specification, format and structure of calls and data communicated;
(b) the method of registration and recording and verification within the information system.
Solidarity household allowance
(1) Any natural person who has provided accommodation free of charge to a person with temporary protection (hereinafter referred to as "the person staying") and who shares the accommodation with the person residing shall be granted a solidarity allowance (hereinafter referred to as "the allowance"). The provision of accommodation shall be considered free of charge even if the person who is staying has paid the costs of gas and electricity to the extent that the gas and electricity are used. The condition for granting the allowance is that it is not accommodation in an accommodation facility and accommodation has been provided continuously for a period whose minimum length is laid down by the Government by regulation. The accommodation provided must provide sufficient space for the person to rest, for food preparation, for personal hygiene and toilet and access to drinking water.
(2) The allowance shall be granted on request after the end of the calendar month for which it belongs. The application shall include:
(a) identification of the applicant;
(b) the address of the property in which the accommodation is provided and the legal title on the basis of which the applicant uses the property;
(c) identification of persons staying;
(d) details of the duration of the accommodation;
(e) an affidavit from the applicant stating that the accommodation was provided free of charge,
(f) an affidavit by the applicant stating that the conditions for accommodation referred to in the last sentence of paragraph 1 are met.
(3) The allowance is paid by the Regional Branch of the Labour Office. The contribution shall be paid by transfer to a payment account in a bank, branch of a foreign bank or savings and credit cooperative in the Czech Republic designated by the applicant or, where justified, by a postal voucher. The allowance shall not be paid abroad. The method of payment shall be indicated by the applicant in the application.
(4) The administrative rules shall not apply in the procedure for the contribution.
(5) The contribution will not be considered income for the purposes of the Act on State Social Support, the Act on aid in material need, the Act on the provision of benefits to disabled persons and the Act on Social Services.
(6) The provision of the contribution shall be provided by the Government by regulation, depending on the development of the armed conflict in the territory of Ukraine and its impact on the possibility of ensuring adequate accommodation for foreigners with temporary protection in the territory of the Czech Republic.
(7) Paragraph 6 (6) shall apply mutatis mutandis to entitlement to the allowance.
(8) The Government shall, by means of the regulation referred to in paragraph 6:
(a) the amount of the accommodation allowance per calendar month and the maximum number of persons staying in one household that may be taken into account for the purposes of the allowance;
(b) the minimum number of consecutive days during the calendar month during which accommodation must be provided to the person staying; and
(c) the period during which the contribution will be granted.
Common provisions
(1) By submitting the application, the applicant and the persons jointly assessed with him agree that the Regional Branch of the Labour Office may verify all facts and data provided in the application and, in order to verify those facts and data, also agree to transmit them to the competent authorities of Ukraine and to transmit the results of the verification of those facts and data to the competent authorities of Ukraine to the Regional Branch of the Labour Office.
(2) The Regional Branch of the Labour Office and the Ministry of Labour and Social Affairs are entitled to obtain and process the data necessary for the decision on the levy and contribution and their payment, including personal data, in electronic form, in a way that allows remote access while ensuring the protection of personal data. Legal and natural persons are required to provide the Ministry of Labour and Social Affairs with data from their information systems, if it is the data necessary to decide on benefits and contributions under this Act. All data on benefits and contributions under this Act are part of the Single Information System of Labour and Social Affairs (3).
(3) Where the public authorities and other persons may disclose the information applicable under this Act for entitlement to a benefit or benefit, its amount or payment only on condition that they have been deprived of confidentiality for the communication of such information, they shall be deemed to be deprived of confidentiality in the event of such information, provided that the Regional Branch of the Labour Office has informed them in writing that the person to whom such information relates has given written consent to the disclosure of that information by the State authorities and other legal and natural persons to the Regional Branch of the Labour Office.
Obligations of monetary institutions
(1) Banks, branches of foreign banks, savings and credit cooperatives, e-money institutions, branches of foreign electronic money institutions, small-scale electronic money issuers, payment institutions, branches of foreign payment institutions and small-scale payment service providers (hereinafter referred to as "cash institutions") are required to provide the Regional Office of the Labour Office, at its written request, with information on the numbers of the applicant's accounts, the recipient of the benefit as well as the persons jointly assessed or other unique identifiers, as well as their status and changes.
(2) The Regional Branch of the Office of Labour will request cooperation from the Institute of Finance by electronic data file and the Institute of Money shall provide the cooperation by electronic data file according to the communication specification between the State Social Assistance Authority and the Money Institute and in the format, with the content and structure of the data report provided by the Ministry by the Decree. The Institute of Cash shall not be obliged to provide cooperation to the Regional Branch of the Office of Labour unless the request for cooperation is submitted electronically by a data file or if the content is not specified or the data file has a set format or structure. The Ministry of Labour and Social Affairs shall determine by decree the format and structure of this data file and the content of the request for synergies. The first and second sentences shall not apply where the synergy of the wage or other income paid by the monetary institution or the deductions made from that income is concerned.
Foreign persons with temporary protection who do not have the right to equal treatment under European Union legislation, and holders of a licence for long-term residence in the territory of Ukraine resulting from the invasion of Russian Federation troops, shall not be entitled to a benefit of state social assistance under the Law on the Benefit of State Social Assistance and to benefits under Act No. 117 / 1995 Coll., on State Social Support, as amended, on the contribution to livelihood and supplement to housing under Act No. 111 / 2006 Coll., on the Provision of Benefits of Persons with Disabilities and on the Amendment of Related Laws, as amended, on Social Services, as amended by Act No. 329 / 2011 Coll.
EFFECTIVE
This Act shall take effect on the day of its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Annex
Procedure and system for assessing the degree of self-sufficiency reduction
A. Criteria for assessing the degree of self-sufficiency in individual areas and determining the number of points per area
1. Mobility
| Položka | Kritéria | Soběstačnost | Převážná soběstačnost | Převážná nesoběstačnost | Nesoběstačnost |
|---|---|---|---|---|---|
| 1.1 | Změny poloh na lůžku | 0 | 1 | 2 | 3 |
| 1.2 | Udržení stabilní polohy vsedě | 0 | 1 | 2 | 3 |
| 1.3 | Přemísťování | 0 | 1 | 2 | 3 |
| 1.4 | Pohyb v rámci domova | 0 | 1 | 2 | 3 |
| 1.5 | Výstup po schodech | 0 | 1 | 2 | 3 |
Special set of mobility needs
| Neschopnost používat obě horní a dolní končetiny | □ | Ano | □ | Ne |
If the person concerned cannot use both upper and lower limbs, with the complete loss of gripping, standing and walking function, he shall be considered as having received more than 90 points of weight in the evaluation and shall be classified in the self-sufficiency limit level 5.
2. Cognitive and Communication Capabilities
| Položka | Kritéria | Schopnost je | |||
|---|---|---|---|---|---|
| Přítomna (nenarušena) | Z velké části přítomna | Přítomna v malé míře | Nepřítomna | ||
| 2.1 | Poznávání osob z bezprostředního prostředí | 0 | 1 | 2 | 3 |
| 2.2 | Orientace v místě | 0 | 1 | 2 | 3 |
| 2.3 | Orientace v čase | 0 | 1 | 2 | 3 |
| 2.4 | Schopnost pamatovat si podstatné události nebo pozornost | 0 | 1 | 2 | 3 |
| 2.5 | Zvládání vícekrokových každodenních činností | 0 | 1 | 2 | 3 |
| 2.6 | Rozhodování v každodenním životě | 0 | 1 | 2 | 3 |
| 2.7 | Porozumění skutečnostem a informacím | 0 | 1 | 2 | 3 |
| 2.8 | Schopnost rozpoznat riziko a nebezpečí | 0 | 1 | 2 | 3 |
| 2.9 | Schopnost sdělovat základní potřeby | 0 | 1 | 2 | 3 |
| 2.10 | Schopnost porozumět žádostem | 0 | 1 | 2 | 3 |
| 2.11 | Schopnost konverzace | 0 | 1 | 2 | 3 |
3. Behavior and mental problems
| Položka | Kritéria | Četnost výskytu | |||
|---|---|---|---|---|---|
| Nikdy nebo velmi zřídka | Zřídka (jednou až třikrát během dvou týdnů) | Často (dvakrát až několikrát týdně, ale nikoli denně) | Denně | ||
| 3.1 | Abnormality podmíněné motorikou | 0 | 1 | 3 | 5 |
| 3.2 | Neklid v noci | 0 | 1 | 3 | 5 |
| 3.3 | Sebepoškozování a autoagresivní chování | 0 | 1 | 3 | 5 |
| 3.4 | Poškozování věcí | 0 | 1 | 3 | 5 |
| 3.5 | Fyzická agrese vůči jiným osobám | 0 | 1 | 3 | 5 |
| 3.6 | Verbální agrese | 0 | 1 | 3 | 5 |
| 3.7 | Jiné zvukové abnormality mající význam pro potřebu dlouhodobé péče | 0 | 1 | 3 | 5 |
| 3.8 | Kladení odporu proti ošetřování a jiným podpůrným opatřením | 0 | 1 | 3 | 5 |
| 3.9 | Bludy | 0 | 1 | 3 | 5 |
| 3.10 | Strach | 0 | 1 | 3 | 5 |
| 3.11 | Netečnost při depresivní náladě | 0 | 1 | 3 | 5 |
| 3.12 | Společenský neadekvátní chování | 0 | 1 | 3 | 5 |
| 3.13 | Jiné nevhodné chování mající význam pro potřebu dlouhodobé péče | 0 | 1 | 3 | 5 |
4. Custom care
| Položka | Kritéria | Soběstačnost | Převážná soběstačnost | Převážná nesoběstačnost | Nesoběstačnost |
|---|---|---|---|---|---|
| 4.1 | Mytí přední horní části těla | 0 | 1 | 2 | 3 |
| 4.2 | Péče o tělo v oblasti hlavy (česání, čištění zubů, čištění protézy, holení) | 0 | 1 | 2 | 3 |
| 4.3 | Intimní hygiena | 0 | 1 | 2 | 3 |
| 4.4 | Sprchování a koupání včetně mytí vlasů | 0 | 1 | 2 | 3 |
| 4.5 | Oblékání a svlékání horní části těla | 0 | 1 | 2 | 3 |
| 4.6 | Oblékání a svlékání dolní části těla | 0 | 1 | 2 | 3 |
| 4.7 | Krájení jídla na kousky a nalévání nápojů | 0 | 1 | 2 | 3 |
| 4.8 | Jídlo | 0 | 3 | 6 | 9 |
| 4.9 | Pití | 0 | 2 | 4 | 6 |
| 4.10 | Používání toalety nebo toaletní židle | 0 | 2 | 4 | 6 |
| 4.11 | Zvládání následků močové inkontinence a řešení problémů s permanentní mi katetry a urostomií | 0 | 1 | 2 | 3 |
| 4.12 | Zvládání následků fekální inkontinence a řešení problémů se stomií | 0 | 1 | 2 | 3 |
The individual points for the criteria specified in headings 4.11 and 4.12 are to be included in the calculation only if a person is also found to be "predominantly incontinent 'or" completely incontinent' in the assessment, or if artificial stool or urine removal is used.
Individual points for the criterion specified in item 4.13.
| Položka | Kritérium | Nehodnotí se | Částečně | Zcela |
|---|---|---|---|---|
| 4.13 | Parenterální výživa nebo výživa pomocí sondy | 0 | 6 | 3 |
The criterion "Parenteral or Probe nutrition 'shall not be evaluated and 0 points, if not long-term, assuming a duration of at least 6 months, required for regular and daily parenteral or probe nutrition. If parenteral or probe nutrition can be performed separately without the help of others, no evaluation shall be made and 0 points shall be given.
The criterion is assessed as "partly '(6 points) when parenteral or daily-aid probes are used to prevent malnutrition and in addition to oral food or fluids.
The criterion is assessed as "completely '(3 points) if the intake of food or liquids is exclusively or almost exclusively parenteral or via a probe.
5. Self-sufficiency in the management of claims and burdens caused by illness or treatment
Individual points for criteria in items 5.1 to 5.7
| Položka | Kritéria ve vztahu k těmto položkám | Žádné nebo Soběstačnost | Počet úkonů | ||
|---|---|---|---|---|---|
| Denně | Týdně | Měsíčně | |||
| 5.1 | Léky | 0 | |||
| 5.2 | Injekce (subkutánní nebo intramuskulární) | 0 | |||
| 5.3 | Péče o intravenózní přístupy (port) | 0 | |||
| 5.4 | Odsávání dýchacích cest a podávání kyslíku | 0 | |||
| 5.5 | Vtírání látek nebo aplikace studených a teplých obkladů | 0 | |||
| 5.6 | Měření stavu těla a jejich interpretace | 0 | |||
| 5.7 | Kompenzační pomůcky používané přímo na těle | 0 | |||
| Součet úkonů od 5.1 do 5.7 | 0 | ||||
| Přepočet na úkony za den | 0 | ||||
| Jednotlivé body za kritéria v položkách 5.1 až 5.7 | ||||
|---|---|---|---|---|
| Počet úkonů za den | Žádné nebo méně než jednou denně | Nejméně jednou až maximálně třikrát denně | Více než třikrát až maximálně osmkrát denně | Více než osmkrát denně |
| Jednotlivé body | 0 | 1 | 2 | 3 |
For each of the criteria 5.1 to 5.7, the average number of operations to be carried out daily and on a permanent basis shall first be recorded in the column daily, with the assumption that the operations will be carried out for at least 6 months, the column per week shall be recorded weekly and on a permanent basis for at least 6 months, and the column per month shall record the operations to be carried out monthly and on a permanent basis, assuming that the operations will be carried out for at least 6 months. Only acts which the person under assessment cannot be performed separately shall be taken into account.
The average number of daily, weekly and monthly operations for criteria 5.1 to 5.7 is added. This frequency is converted into an average value per day, for example if the medicines are given three times a day and your blood sugar is measured once a day, this is equivalent to four times a day. For the conversion of monthly operations into daily operations, the sum of monthly operations shall be divided by 30. For the conversion of weekly actions into daily operations, the sum of weekly operations is divided by 7.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Law No 66 / 2022 Coll., on measures in the field of employment and social security in connection with armed conflict in Ukraine caused by the invasion of Russian troops |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2022 |
|---|---|
| Effective from | 21.03.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 171
Public Contracts 5
Vytvoření aplikace pro hodnocení omezení soběstačnosti uprchlíků.
Ministerstvo práce a sociálních věcí
Asseco Central Europe, a.s.
6 990 291 CZK
07.07.2025
SML 2023/304/1 - dodatek č. 1 ke smlouvě o nájmu
městská část Praha 12
Arcidiecézní charita Praha
180 CZK
06.02.2024
Notifications
Dohoda o zajištění kapacit pro ubytování: ubytovna Jana Masaryka čp. 2017 na adrese Jana Masaryka 20...
Statutární město Hradec Králové
Královéhradecký kraj
10 720 049 CZK
30.06.2023
Notifications
SLU - Dohoda o ukončení Dohody o zařazení do evidence a pravidla pro poskytování náhrady nákladů na...
Jihomoravský kraj
Ivo Velísek
26.05.2023
Notifications
SLU - Dohoda o ukončení Dohody o zařazení do evidence a pravidlech pro poskytování náhrady nákladů n...
Jihomoravský kraj
ZERA Rájec a.s.
26.05.2023
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0