Act No. 75 / 1997 Coll.
Law on social contributions to compensate for increases in thermal energy prices
Valid
Law
Effective from 01.07.1997
75
THE LAW
of 19 March 1997
on a social contribution to offset the increase in heat energy prices
Parliament has decided on this law of the Czech Republic:
Social contribution to offset heat energy price increases
In order to mitigate the social consequences of the increase in the price of heat energy supplied for heating apartments, the State provides as a special social benefit a social contribution to offset the increase in the price of heat energy (hereinafter referred to as "the contribution ').
Conditions for entitlement to the allowance
(1) A natural person (hereinafter referred to as "person") who is the owner or tenant of an apartment situated in a property the owner, holder or administrator of which is a thermal energy buyer for heating home buildings or produces for 1997 is entitled to the allowance
(a) grant in May 1997 a proportion of the calculated annual amount of the grant under the Special Regulation (1); or
(b) by May 1997 at the latest, this subsidy was granted on a one-off basis.
(2) The condition for entitlement to the allowance is that:
(a) the applicable income of the family does not exceed the amount of the product of the family's minimum life and the coefficient of 1,60;
(b) the beneficiary and other persons considered together with him (§ 4) are reported on the territory of the Czech Republic for permanent or long-term residence under the Specific Regulations (2) (hereinafter referred to as "permanent residence"); and
(c) the beneficiary and the persons assessed with him (Article 4) have given their written consent to communicate to the competent authority which decides or pays the allowance, the amount of the income of those persons and the details of the permanent residence.
(3) The allowance shall be paid once per calendar month. Where more than one person fulfils the conditions for entitlement to the allowance in the same flat, the allowance shall be granted once only to a person designated by agreement between them. If these persons are not assessed, the district office and Prague City of Prague (hereinafter referred to as the "district office") shall determine which of these persons shall be awarded the contribution.
(1) The income applicable to the grant shall be determined as the monthly average of the income of the family for the relevant period (hereinafter referred to as "the income applicable ').
(2) The operative period for which the income to be collected is the calendar quarter preceding the calendar quarter in which entitlement to the allowance was established.
(3) For the purposes of determining the income in question, the following shall be regarded as income:
(a) the revenue referred to in § 5 (1), (2), (4) to (6) of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll. and Act No. 242 / 1997 Coll. (hereinafter referred to as "the Act on State Social Aid," and
(b) child allowance, parental allowance and provision allowance granted under the State Social Support Act.
(1) For the purposes of this Act, the beneficiary and the persons considered together with him shall be considered family. The persons assessed jointly are those who are, together with the authorised person, reported in the apartment referred to in § 2 (1) for permanent residtion.2)
(2) A person performing a military primary or alternate service in the Army of the Czech Republic or a civil service and a person in custody or in the execution of a prison sentence shall be taken into account in the extent and under the conditions set out in paragraphs 7 (7) and 8 of the State Social Support Act.
(3) The County Office may decide, when deciding on a contribution in cases where one of the persons jointly assessed does not use an apartment in the long term and is demonstrably not using it, not to take account of it when assessing the entitlement to the allowance and its amount, even if it is reported to be resident in the apartment. 2)
(1) For entitlement to the allowance or its amount, the amount
(a) life-minima;
(b) necessary to ensure the necessary household costs ("the amount of household costs")
means such an amount provided for in the Life Minimum Act. 3) If the amount determined according to the first sentence depends on the number of persons, the persons jointly assessed referred to in Section 4 shall be taken into account.
(2) The age of the child determined under the Life Minimum Act for the determination of the amount referred to in paragraph 1 shall be that which the child reaches in the calendar month for which the allowance is due.
Period for which the allowance is granted
(1) The allowance is granted
(a) for the period of the calendar quarter following the calendar quarter for which the relevant income is collected, provided that the conditions for entitlement to the allowance have been fulfilled; or
(b) within the calendar quarter period referred to in point (a) for a shorter period, provided that the conditions for entitlement to the allowance have been met only for that shorter period.
(2) The contribution to the persons referred to in Paragraph 2 (1) (b) is not earlier than 1 January 1998.
(3) The allowance shall not exceed 30 June 2000 if the conditions are met.
Amount of the contribution
(1) The amount of the allowance for a calendar month shall be the difference between half the amount of household costs set out in paragraph 2 and the proportion in which the numerator is the product of half the amount of household costs set out in paragraph 2 and the income in the family concerned and in the denominator shall be the product of the amount of the family minimum and coefficient of 1,60.
(2) For the calculation of the contribution referred to in paragraph 1, the amount of household costs shall be charged from
(a) 1 July 1997 to 30 June 1998 at 100%;
(b) 1 July 1998 to 30 June 1999, of 70%;
(c) 1 July 1999 to 30 June 2000 at 40%.
(3) Where the family income determined for the determination of the proportion referred to in paragraph 1 is below the family minimum, the amount corresponding to that family minimum shall be taken into account for determining the amount of the contribution as the family income.
(4) If the amount of the allowance is not 50 CZK per calendar month, it shall be increased to that amount.
Payment of the contribution
(1) The allowance shall be paid on a monthly basis, after the end of the calendar month for which it belongs and at the latest by the end of the calendar month following that for which it belongs.
(2) The allowance shall be paid by the district office responsible for deciding on the allowance.
Entitlement to the allowance and its payment
(1) The entitlement to or part of the allowance shall expire one year after the date on which the allowance is due, unless otherwise specified.
(2) The entitlement to repayment or, where appropriate, the reimbursement of amounts paid wrongly or at a higher rate than those due shall expire one year after the date on which the contribution was paid.
(3) The allowance may not be granted for the period before 1 July 2000 if entitlement to the allowance has not been claimed before 1 October 2000.
Obligations of public authorities, employers and others
(1) The State authorities, other legal and natural persons shall, if the condition laid down in Paragraph 2 (2) (c) is met, be obliged to invite the competent district office to decide on the contribution or, at the request of the applicant, to communicate free of charge the information applicable under this Act for entitlement to the contribution, its amount or payment.
(2) By 15 July 1997, the tax authorities providing grants under the special rule (1) are required to send to the district office a list of residential properties located in the district district and in Prague in the territory of the capital city of Prague, provided that the owners, holders or administrators of such real estate were granted, as customers or heat energy producers, for 1997 in the manner set out in Section 2 (1) of the subsidy under the special regulation. 1)
Decision on the contribution
(1) The district authorities decide on the contribution.
(2) The local jurisdiction of the district office shall be governed by the place where the beneficiary is declared for permanent residence.2)
Initiation
(1) The procedure for granting the allowance shall be initiated on the basis of a written request by the authorised person submitted to the competent district office on the form prescribed by the Ministry of Labour and Social Affairs.
(2) The procedure for amending or withdrawing the amount of the contribution already granted shall be initiated at the request of the authorised person or at the initiative of the district office.
Forms of application
The application for a contribution shall contain:
(a) the name, surname, birth number of the authorised person and persons jointly assessed in accordance with Article 4 and the place of permanent residence for which those persons are declared;
(b) the consent of the authorised person and, together with the persons assessed under Article 2 (2) (c),
(c) determining how the contribution is to be paid (Section 58 (3) of the State Social Aid Act);
(d) confirmation of the amount of income (Section 3) of the authorised person and persons, together with it, assessed during the relevant period.
Final provisions
(1) The operative income for entitlement to the allowance due from 1 July 1997 to 30 September 1997 is collected in accordance with Article 3 for the period 1 April 1997 to 30 June 1997.
(2) Save as otherwise provided in this Act, the Act on State Social Aid is to be applied mutatis mutandis, according to:
(a) Article 5 (7), if it is to convert foreign income into Czech currency,
(b) Article 24 (2), if it is a definition of who is considered to be the owner of the apartment,
(c) Article 51 (3) and (4), first sentence, if the conditions for entitlement to the allowance and its amount are met for only part of the calendar month,
(d) Articles 49, 52, 53 (1) and (2), 54 (2), second sentence, and 4, 55 and 56, where there is a change in entitlement to the allowance, its establishment and termination, a change in its amount and a change in entitlement to the allowance,
(e) Paragraph 57 (1), second and third sentences, and paragraphs 4, 58 (3), 59 and 60, if applicable,
(f) Article 61 (1) and (2), Article 62 (1), first sentence and Article 62 (2), if it is an obligation of the beneficiary,
(g) Paragraph 63 (3), paragraphs 64 and 65, where the obligations arising from the grant and its control are concerned,
(h) § 68 (3), (4), (6) and (7) and § 68a, if it is about proving the facts,
(i) Articles 69 to 73, if applicable, of the grant procedure.
(3) The acts relating to the implementation of this law are exempt from judicial 4) and administrative 5) fees.
Efficacy
This Law shall take effect on 1 July 1997.
Zeman v. r.
Havel v. r.
Klaus v. r.
1) Government Decree No 251 / 1994 Coll., laying down the conditions for the granting and financial settlement of a subsidy from the state budget for thermal energy supplied for heating home buildings.
2) Article 4 of Act No. 135 / 1982 Coll., on the reporting and registration of residents. § 7 and § 19 (3) of Act No. 123 / 1992 Coll., on the residence of foreigners in the Czech and Slovak Federal Republic, as amended by Act No. 150 / 1996 Coll.
3) Act No. 463 / 1991 Coll., on Life Minimum, as amended.
4) Act No. 549 / 1991 Coll., on Judicial Charges, as amended.
5) Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 75 / 1997 Coll., on social contribution to compensation for increases in thermal energy prices |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.1997 |
|---|---|
| Effective from | 01.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0