Act No. 75 / 2023 Coll.
Law amending Act No 66 / 2022 Coll., on Employment and Social Security Measures in the context of armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Valid
Effective from 01.04.2023
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75
THE LAW
of 8 March 2023
amending Act No 66 / 2022 Coll., on measures in the field of employment and social security in connection with the armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Employment and Social Security Measures in the context of armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Law No 66 / 2022 Coll., on measures in the field of employment and social security in connection with the armed conflict in Ukraine caused by the invasion of Russian troops, as amended by Act No 175 / 2022 Coll. and Act No 198 / 2022 Coll., is amended as follows:
1. Paragraph 6 (1) to (3) reads as follows:
"(1) If the income ratios of a foreigner with temporary protection which resides in the territory of the Czech Republic and its property ratios in the territory of the Czech Republic are such that they do not allow him to provide basic living needs or cover the cost of living up to the amount of the eligible housing or accommodation costs, a humanitarian benefit shall be granted upon request (" the 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) For the purposes of entitlement to benefit, the benefit paid during the relevant period for which the income is collected and the funds provided by the United Nations Children's Fund shall not be regarded as income. 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 satisfied if his place of residence in the Czech Republic, as indicated in the application for a benefit, does not match the address of the alien resident in the basic 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"). "
2. In Article 6, the words "with the exception of revenue to be collected for the calendar month preceding the month for which the application is made 'shall be added at the end of the text of paragraph 5.
3. In Article 6 (7), the words "The Office of Labour of the Czech Republic - Regional Branch and Branch for the City of Prague (hereinafter referred to as the Regional Branch of the Labour Office) 'are replaced by the words" The Regional Branch of the Labour Office', the words "In cash or 'are deleted and the words" The third sentence is added at the end of the text', except for the benefit for the calendar month in which the alien has been granted temporary protection which may be paid in cash '.
4. The following Section 6a is inserted after Section 6:
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. "
5. The following Sections 6b to 6d are inserted after Section 6a, including the title:
(1) Unless otherwise specified, the amount of the benefit for foreigners with temporary protection
(a) until 18 years of age, the amount referred to in § 3 (3) (b) of Act No. 110 / 2006 Coll., on Life and Existence Minimes, as amended;
(b) from 18 years of age, the amount referred to in Article 2 of Act No. 110 / 2006 Coll., on Life and Existing Minority, as amended, unless otherwise specified,
(c) who is an invalid or holds a certificate certifying a disability issued in Ukraine or a person recognised as having been disabled by the district social security administration under § 6d shall be 1,5 times the amount referred to in (a) or (b) by age;
(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, the amount referred to in Article 5 (1) of Act No. 110 / 2006 Coll., on Life and Existing Minority, as amended, shall be as follows, unless it is 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. an invalid or holder of a certificate certifying a disability issued in Ukraine, or a person recognised as having a disability by the district social security administration pursuant to § 6d; or
6. caring for the person referred to in point (c) who has been identified by that person as the person caring for the benefit in the application.
(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, depending on the development of the armed conflict in 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.
(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 is higher than the amount of the benefit determined in accordance with paragraph 4, or where the amount of funds in the accounts of foreigners with temporary protection who live together and jointly pay the costs of their needs is higher than the amount of the benefit determined in accordance with paragraph 5.
(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) an indication of the employer of the applicant and of the 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 the property situation in the Czech Republic of the applicant and foreigners with temporary protection who live together and jointly pay the costs of their needs.
(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; all facts are documented in electronic form, unless the Regional Branch of the Labour Office determines otherwise.
Health assessment
(1) At the request of a foreigner with temporary protection, the district social security administration will assess whether he is a disabled person. For the purposes of this Act, a person whose unfavourable health corresponds to the long-term unfavourable health condition and its effects for the purposes of entitlement to the card of a disabled person under Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended, shall be considered a disabled person. The health status of a foreign with temporary protection shall be assessed at the date of the application. When assessing the state of health of a foreigner and drawing up the opinion, the district social security administration shall proceed in a similar manner to the assessment of the state of health and the preparation of the opinion for the purposes of the identification of a disabled person.
(2) The application is submitted electronically, using the form prescribed by the Czech Social Security Administration. The application shall contain:
(a) the identification details of the applicant; and
(b) the name and address of the treating doctor or doctor in the Czech Republic.
(3) The Regional Social Security Administration will deliver the opinion to the applicant and the Labour Office of the Czech Republic at the same time will inform whether the applicant is a person with disabilities. "
6.
If the employer is called upon by the Regional Branch of the Office of Labour to send a certificate of the amount of income of the applicant or other persons mentioned in the application for benefits, he shall be obliged to send this certificate to the Regional Branch of the Office of Labour within 8 days of the date of receipt of the call. If the employer has access to the data box (4), he sends confirmation of the amount of income via this data box or using the information system as specified in the format and structure published by the Ministry of Labour and Social Affairs.
4) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended. '.
7. In Paragraph 8 (1), the words "and which share the accommodation with the person staying in the accommodation 'shall be inserted after the words" (hereinafter referred to as "the person staying') '.
8. Paragraph 8 (7) reads as follows:
"(7) Paragraph 6 (6) shall apply mutatis mutandis to entitlement to the allowance. ';
9. in Paragraph 8 (8) (a), the words "taking into account whether the person staying shares accommodation with the applicant for the allowance," shall be deleted;
10. § 8a, including the title reads:
Common provisions
(1) By submitting an application, the applicant agrees that the Regional Office of the Labour Office may verify all the facts mentioned in the application.
(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 the benefit or benefit, its amount or payment only on condition that they have been deprived of confidentiality for the disclosure 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 concerned by such data has given written consent to the State authorities and other legal and natural persons to communicate the information to the Regional Branch of the Labour Office. ';
11. The following Section 8b is inserted after Section 8a:
Foreign persons with temporary protection who do not have the right to equal treatment under European Union rules shall not be entitled to benefits under Act No. 117 / 1995 Coll., on State social support, as amended, on the living allowance and housing supplement under Act No. 111 / 2006 Coll., on assistance in material distress, as amended, on mobility allowance, on special aid and on the identification of persons with disabilities under Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, on the provision of care under Act No. 108 / 2006 Coll., on social services, as amended, and on the replacement maintenance allowance under Act No. 588 / 2020 Coll., on the replacement maintenance for an uninsured child, and on the amendment of certain related laws (Act on Replacement). '
12. in Paragraph 9 (2), "2023" is replaced by "2024."
Transitional provisions
1. If an application for a humanitarian benefit or a solidarity allowance has been submitted before the date of entry into force of this Act, the assessment of entitlement to a humanitarian benefit or a solidarity allowance shall be carried out in accordance with Act No 66 / 2022 Coll., as effective before the date of entry into force of this Act.
2. The assessment of entitlement to the solidarity allowance for the month June 2023 shall be carried out in accordance with Act No. 66 / 2022 Coll., as effective before the date of entry into force of this Act.
3. The Ministry of Labour and Social Affairs shall publish by 30 April 2023 the specification, format and structure of the data report and the use of the information system pursuant to Section 7 of Act No. 66 / 2022 Coll., as effective from the date of entry into force of the Act.
Amendment to the State Investment Support Fund Act
Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended by Act No. 391 / 2002 Coll., Act No. 482 / 2004 Coll., Act No. 61 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 71 / 2010 Coll., Act No. 239 / 2012 Coll., Act No. 276 / 2012 Coll., Act No. 111 / 2018 Coll., Act No. 307 / 2018 Coll., Act No. 113 / 2020 Coll. and Act No. 261 / 2021 Coll., is amended as follows:
1. In Article 3, the dot is replaced by a comma at the end of paragraph 1 and the following point (p) is added:
"(p) to support the provision of a long-term vacant flat for hire or hire.";
Amendment to the Employment Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 100 / 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011 / 2011, Act No. 2011 / 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No.
1. In Paragraph 136, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) A legal or natural person shall, as an employer, report the recruitment of a staff member who is a foreigner enjoying temporary protection under a special legislation (hereinafter referred to as" temporary protection staff '), in an employment relationship or active under an employment agreement whose employment is small-scale in accordance with the Law on sickness insurance, or an employee with temporary protection under a temporary employment agreement, to the register of temporary protection staff maintained by the Czech Social Security Administration within 8 calendar days of the date of entry into employment of the staff member with temporary protection in accordance with Article 94 of the Law on sickness insurance. The Czech Social Security Administration is responsible for the registration of employees with temporary protection under the sickness insurance register under Section 122 of the sickness insurance law. In the same way, the employer shall report a change to the information given on the notice of the recruitment of the member of temporary staff referred to in the first sentence within 8 calendar days of the date on which he became aware of the change. The employer shall also report the date of termination of employment of the member of temporary protection referred to in the first sentence within 8 calendar days of the end of employment in accordance with Section 94 of the sickness insurance law.
(4) An employer who is not obliged to register under Section 93 of the Law on sickness insurance and who employs only employees with temporary protection referred to in paragraph 3 shall be obliged to register under Section 123 of the Law on sickness insurance in accordance with Section 123 of the Law on sickness insurance no later than 8 calendar days after the date of entry of that employee with temporary protection into employment, in accordance with Section 93 of the Law on sickness insurance. In the same way, the employer is obliged to report a change to the data which he was obliged to provide according to the first sentence within 8 calendar days of the date on which the change occurred. The employer who employs only employees with temporary protection referred to in paragraph 3 shall also be obliged to withdraw from the register of employers under Section 93 of the sickness insurance law within 8 calendar days of the date on which he ceased to be the employer of such employees with temporary protection, in accordance with Section 93 of the sickness insurance law. '
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
2. In Paragraph 136, the following paragraph 7 is added:
"(7) In order to verify the facts referred to in paragraph 3, the National Labour Inspection Office, the Regional Labour Inspectorate and the Labour Office shall be entitled, for the purposes of their activities, to obtain the following information from the Czech Social Security Administration in a way that allows remote access:
(a) the entry and termination of employment of a member of staff with temporary protection referred to in paragraph 3;
(b) the type of gainful activity and the fact that it is small-scale employment under the sickness insurance law or an agreement to carry out work;
(c) the company, name or surname of the employer, including the address of its registered office or residence. ';
3. in Articles 139 (2) (d) and 140 (1) (d), the words "or registration" shall be inserted after the word "notification."
Transitional provisions
1. If an employee who is an alien enjoying temporary protection, in employment or active under an agreement on employment, whose employment is a small-scale employment pursuant to Act No 187 / 2006 Coll., as effective from the date of entry into force of this Act, or an employee who is an alien enjoying temporary protection, acting under an agreement on the performance of work on or after the date of entry into force of this Act, the employer shall be obliged to notify the entry into employment of that employee pursuant to Section 136 (3) of the Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, and in the event of the creation of an employment relationship or the establishment of an employment relationship prior to the date of entry into force of that Act.
2. If an employer who is not obliged to register under § 93 of Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, employs an employee who is an alien enjoying temporary protection referred to in point 1, he shall be obliged to register under § 136 (4) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, in the register of employers maintained by the Czech Social Security Administration.
3. If an employee who is an alien enjoying temporary protection, in employment or active under an agreement on employment, whose employment is a small-scale employment pursuant to Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, or an employee who is an alien enjoying temporary protection, acting on the basis of an agreement to carry out work before the date of entry into force of this Act and this employment relationship continues on the date of entry into force of this Act, the employer shall notify the entry into service of that employee in the manner referred to in Article 136 (3) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of that Act, within 30 calendar days from the date of entry into force of that Act. The obligation referred to in the first sentence shall not apply if the employment relationship referred to in the first sentence ends within 30 calendar days of the date of entry into force of this Law.
4. If an employer who is not obliged to register as an employer pursuant to § 93 of Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, employs an employee who is an alien enjoying temporary protection, in an employment contract whose employment is a small-scale employment contract under Act No. 187 / 2006 Coll., as effective from the date of entry into force of this Act, or an employee who is an alien enjoying temporary protection, acting under an agreement on the execution of a work contract which takes place before the date of entry into force of this Act, the employer shall be required to enter into the register of employers under Article 136 (4) of Act No. 435 / 2004 Coll., as effective from the date of entry into force of this Act, until 30 calendar days from the date of entry into force of the application of that Act. The obligation referred to in the first sentence shall not apply where the employment relationship of all its employees who are aliens enjoying temporary protection, as referred to in the first sentence, expires within 30 calendar days of the date of entry into force of this Law.
Amendment to the sickness insurance law
Act No. 21 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. In the last sentence of Paragraph 93 (1), the words "or is not required to register under Section 136 (4) of the Employment Act 'shall be inserted after the words" under the first sentence'.
2. In Article 94 (1), the third sentence is replaced by the following: "For a staff member whose employment is a small-scale employment and a staff member operating under an agreement on the performance of a work for whom the employer was not obliged to notify the date of taking up employment pursuant to Article 136 (3) of the Employment Act, the employer shall notify the date of that staff member's recruitment by the 20th calendar day of the calendar month following the calendar month in which the staff member became involved in the insurance; if the staff member arises during the calendar month in which the period of employment ended, participation in insurance under the procedure laid down in Articles 7 (3) and 7a (2) of the part of the sentence after the semicolon, the employer shall notify the date of taking up employment by the 20th calendar day of the calendar month following the calendar month in which the income which he has based the participation in the insurance was cleared. ';
3. In Paragraph 94 (1), the following sentence is inserted after the third sentence: "In the case of a staff member for whom the employer has notified the date of employment under Section 136 (3) of the Employment Act, the procedure under the third sentence is fulfilled. If the staff member has claimed entitlement to the benefit and the employer has not yet notified the day of the staff member's recruitment, the employer shall make the notification at the same time as the application for the benefit referred to in Article 97 (1) is submitted to that staff member. '
4. In Section 122, paragraph 6 is added:
"(6) In the register of insured persons whose administrator is the Czech Social Security Administration, there are also registered employees whose records are kept under Section 136 (3) of the Employment Act. '
5. In Paragraph 123, the following paragraph 6 is inserted after paragraph 5:
"(6) In the register of employers whose administrator is the Czech Social Security Administration, employers whose records are kept under Section 136 (4) of the Employment Act are also registered. '
Paragraph 6 shall become paragraph 7.
Amendment of the Act on certain measures in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No. 175 / 2022 Coll., Act No. 198 / 2022 Coll. and Act No. 20 / 2023 Coll., is amended as follows:
1. in Article 1 (1) (b):
"(b) the provision of accommodation and related services to persons granted temporary protection;"
2. In Section 4, at the end of paragraph 5, the sentences "The Ministry of the Interior shall operate the facilities for receiving and processing applications for temporary protection. The operation of the facilities shall include the creation of capacities for receiving and handling applications for temporary protection, the provision of capacity for shelters intended for persons displaced from Ukraine awaiting the submission of an application for temporary protection and applicants for temporary protection and the provision of accommodation allocation capacities. ';
3. In the first sentence of Paragraph 6 (5), the words "under this law 'are deleted.
4. Article 6b, including the title, reads:
Accommodation
(1) The provision of accommodation under this Act is a public service. The accommodation is provided in the buildings included in the accommodation registration information system (hereinafter referred to as "the register"). Objects that meet the requirements for permanent housing and are intended for use in accordance with the building law or are established as an apartment by their construction and equipment shall not be considered as intended for accommodation under this law. The scope of the related services provided and the distribution of accommodation capacity in the territory shall be laid down by the Government by regulation.
(2) Accommodation shall be provided free of charge, unless otherwise specified, for a maximum period of 150 days from the date of granting of temporary protection under this Act (hereinafter referred to as "maximum period '), in particular in the premises which serve as accommodation. The accommodation time of the same person in each of the objects included in the register is added up.
(3) The maximum period does not apply to a person who fulfils the conditions for granting a humanitarian benefit pursuant to Article 6 of Act No 66 / 2022 Coll., 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, as amended, and is also mentioned in § 6b (1) (a) and § 6b (1) (e) (1) to (6) of that Act (the "vulnerable person").
(4) The Hejtman of the Region and the Mayor of the City of Prague (hereinafter referred to as "the Governor"), on the basis of a decision of the Government, provides accommodation capacity in the region or capital of Prague (hereinafter referred to as "the Region") under this law. The mayors of the municipality with extended scope, urban areas and urban districts cooperate with the captain to provide accommodation capacity according to the first sentence.
(5) The assignment of accommodation, the change of accommodation and the removal of a person from the accommodation is provided by the Ministry of Interior, the Fire Department of the Czech Republic or the Police of the Czech Republic (hereinafter referred to as the "Granting Authority"), through registration. The Regional Office or the Municipality of the City of Prague (hereinafter referred to as the "Regional Office") provides the granting authority with the necessary synergies when changing accommodation. Once the accommodation has been allocated, a person with temporary protection shall receive written information containing his or her identification data, the address of the accommodation allocated, the address and identification data of the accommodation operator (hereinafter referred to as "the operator '), and information on the consequences of the refusal of the accommodation allocated and leaving the accommodation.
(6) If the person to whom the accommodation is provided free of charge refuses, without serious reason, the accommodation allocated or leaves the accommodation, he shall be regarded as having exhausted the maximum period of time. If the person to whom the accommodation is provided free of charge has ceased to use it without giving reasons for more than 10 consecutive days, the accommodation shall be deemed to have left. The reasons shall be communicated to the operator without delay.
(7) The operator shall be obliged for the period of inclusion in the register.
(a) allow accommodation to be provided in an object included in the register within the scope of the capacity entered;
b) enter in the register every third day an indication of the currently available accommodation capacity; and
(c) enter in the register an indication of leaving the accommodation. ';
5. In the heading § 6c, the word "others' is inserted after the word" Securing '.
6. Paragraph 6c (1) is deleted and paragraph 2 is deleted.
7. Paragraph 6d (1) reads as follows:
"(1) The registry administrator is the Ministry of the Interior. Registration shall include:
(a) details of location, type, total accommodation capacity and currently available accommodation capacity;
(b) operator identification data;
(c) identification details of persons using accommodation, including start-up and end-use of accommodation, total time of accommodation, refusal of accommodation and leaving accommodation; and
(d) an indication that the person staying is a vulnerable person. ';
8. In the first sentence of Article 6d (2), the words "pursuant to Article 6b (4) 'shall be inserted after the words" by the President'.
9. In Article 6d, the following paragraph 5 is added:
"(5) The Ministry of Labour and Social Affairs regularly transmits data to the Ministry of the Interior via a remote electronic approach on vulnerable persons who, by virtue of the implementation of Act 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 the Russian Federation's troops, as amended, are conducted in the Single Information System of Labour and Social Affairs."
10. In the title of Section 6e, the words "accommodation 'are deleted.
11. in Paragraph 6e (1):
"(1) An operator registered in accordance with § 6d (2) shall be entitled to flat-rate reimbursement of accommodation costs per person who provides accommodation free of charge and per night, according to the information kept in the register. These funds shall be provided by the county and the regional authority responsible for providing them shall be the regional authority. ';
12. in Article 6e (4), the word "region" shall be replaced by the words "Regional Office."
13. In Paragraph 6f, the sentence "Hejtman coordinates the provision of accommodation capacities in the region 'is added at the beginning of paragraph 1.
14. in Article 6f (3), "to 6e" is replaced by "6d and 6e";
15. In Paragraph 7 (2), the semicolon is replaced by a dot, the word "person" is replaced by the word "person," and at the end of the paragraph, the sentence "for a person with permanent residence on the territory of the Czech Republic according to the second sentence is not considered to be a person whose serious health status does not permit the performance of the work in the long term and this is evidenced by the health insurance company by a statement from the medical file."
16. The following Section 7aa is inserted after Section 7a:
Providing outpatient care outside medical facilities
(1) In the context of an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops and the resulting migration situation, the Government may declare a state of health threat in order to enable outpatient care to be provided outside medical facilities to persons who, due to the duration of the armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation, have travelled to the Czech Republic and who are temporarily present in the territory of the Czech Republic, in particular in objects listed in the register.
(2) The provision of healthcare referred to in paragraph 1 shall be possible only through outpatient care, on the basis of an authorisation granted by the Regional Office. Paragraph 11a (2) - (7) and Article 11b of the Health Services Act shall apply mutatis mutandis, with the authorisation being terminated no later than the date of the end of the health threat referred to in paragraph 1. Paragraph 11a (8) of the Health Services Act shall not apply.
(3) Where there is a declaration of a state of health threat as referred to in paragraph 1, the Ministry of Health shall lay down measures of a general nature of the fields of care for which authorisation may be granted under paragraph 2 and details of the flat-rate payment referred to in paragraph 4. Paragraph 172 of the Administrative Regulation shall not apply to the issue of general measures under the first sentence. A measure of a general nature as referred to in the first sentence shall take effect on the date of the publication on the official plate of the Ministry of Health and shall cease to have effect on the date of the end of the health threat referred to in paragraph 1.
(4) The health insurance undertaking shall conclude with the health service provider holding the authorisation referred to in paragraph 2 and shall conclude with that health insurance undertaking a contract for the provision and reimbursement of the health services paid under the Public Health Insurance Act, an addendum to that contract, in order to determine the extent of the health services provided at the places referred to in paragraph 1. Health services, medicinal products, medical devices and food for special medical purposes at the places referred to in paragraph 1 shall be paid by health insurance undertakings on a flat-rate basis per day of provision of health services. The details of the flat-rate payment shall be agreed between the health insurance company and the health service provider in the supplement to the contract according to the first sentence. If the details of the flat-rate payment are not agreed in the addendum to the contract referred to in the first sentence, the details of the flat-rate payments provided for by the Ministry of Health shall be used in the general measure referred to in paragraph 3. Paragraph 46 (2) of the First Law on Public Health Insurance on the selection procedure shall not apply. '
17. in Article 9 (2), "§ 7b" is replaced by "§ 7aa."
Transitional provisions
1. A person who on 31 March 2023 used temporary emergency shelter or emergency accommodation pursuant to Act No. 65 / 2022 Coll., as effective before the date of entry into force of this Act, the period during which temporary emergency shelter or emergency accommodation was used shall be counted against the 150 days of free accommodation provided for in Article 6b (2) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of the Act.
2. The person referred to in point 1, who completed by 31 March 2023 at the latest the period of 150 days of free accommodation provided for in Article 6b (2) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of this Act, shall be granted emergency accommodation and related services for persons granted temporary protection free of charge until the 90th day from the date of entry into force of this Act.
3. The persons referred to in point 1 who, within 90 days of the date of entry into force of this Act, complete the period of 150 days of free accommodation in emergency accommodation provided for in Article 6b (2) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of this Act, shall be granted emergency accommodation and related services for persons granted temporary protection free of charge within the 90th day of the entry into force of this Act.
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Regulation Information
| Citation | Act No. 75 / 2023 Coll., amending Act No. 66 / 2022 Coll., on Employment and Social Security Measures relating to Armed Conflict in the territory of Ukraine, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2023 |
|---|---|
| Effective from | 01.04.2023 |
| Effective until | - |
| Status | Valid |
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