Decree No. 84 / 1962 Coll.
Government decree on the organisation and competence of narrower and narrower welfare committees
Valid
Effective from 24.08.1962
84
GOVERNMENT DECLARATION
of 8 August 1962
on the organisation and competence of narrower and narrower welfare committees
The Government of the Czechoslovak Socialist Republic provides pursuant to § 45 of Act No. 65 / 1960 Coll., on National Committees, and for the implementation of § 53 (4) of Government Decree No. 71 / 1960 Coll., on the extension of the powers and responsibilities of the National Committees and on the organisation and activities of their bodies:
Purpose of the Order
National committees shall ensure that decisions on social security matters are constantly brought closer to workers and that workers' participation in such decisions is increased. Therefore, within the scope of the national committees, the competence of the municipal national committees has been extended and it provides for the recruitment of additional workers to take direct part in decision-making in the narrower and narrower social welfare committees established by the national committees.
Establishment of dose and welfare committees
(1) The Regional National Committees and the National Committee of the City of Prague (hereinafter referred to as the Regional National Committees) and the Regional National Committees, the District National Committees in Prague and the City National Committees in Bratislava, Brno, Ostrava and Pilsen (hereinafter referred to as the Regional National Committees) set up a batch committee and a Social Welfare Commission as a closer committee to the Social Security Commission and assign them to social security matters for individual citizens; If a smaller number of cases under consideration so justify, a joint commission on batch and social care may exceptionally be set up.
(2) Other municipal national committees and district national committees in Bratislava, Brno, Ostrava and Pilsen (hereinafter referred to as "municipal national committees") may also set up the closer committees referred to in paragraph 1.
Extension of the powers of the municipal national committees
The municipal national committees decide outside the cases referred to in § 10 of Decree-Law No 71 / 1960 Coll. also
(a) the benefits of sickness security for non-working pensioners, with the exception of spa care *), and the death grants resulting from an accident at work by individual farmers, cooperating members of their family or family members;
(b) on social income, on education for social income and on increasing social (educational) pension for helplessness;
(c) the provision of provision allowances (allowances) to family members of persons called upon to serve in the armed forces.
Election of members of restricted committees
(1) The President and the other members of the restricted committee are elected and removed by the national committee.
(2) The President shall be elected from among the members of the National Committee who are members of the Social Security Commission. If the elected President of the Commission is unable to perform his duties, he shall be represented by one of the members of the National Committee who is a member of the Social Security Commission.
(3) The national committee shall elect:
(a) Deputy - Officer of the Revolutionary Trade Union Movement on the proposal of Regional (Regional) Trade Union Councils,
(b) members of single agricultural cooperatives on a proposal from the Committee on Agriculture,
(c) workers who have a close relationship with social security, in particular from members of social organisations and industrial workers, on a proposal from the National Committee's Social Security Commission, on the basis of recommendations from the competent authorities of social organisations;
(d) the staff of the National Committee's Social Security Unit on a proposal from the National Committee's Social Security Commission.
(4) Members of the Narrow Commission shall be subject to the provisions of Government Regulation No 66 / 1960 Coll., on the modification of certain ratios of members of national committees and of citizens elected to members of national committees, as amended by Government Regulation No 189 / 1960 Coll.
Composition of closer commissions
(1) The Commission shall act and act with the participation of the President or his representative and at least two other members of the Commission, one of whom is a member of the Social Security Department and acting as the Secretary of the Commission and the other of the Revolutionary Trade Union Movement; where a peasant (his family member or cooperating family member) is a party to the proceedings, he shall be a member of the single agricultural cooperative.
(2) A representative of the ROH Racing Committee of the organisation (undertaking, plant) in which the party is or has been employed may be invited to the proceedings of the restricted committee and, if the party is a cooperative, a representative of the single agricultural cooperative or of the production cooperative in which the party is or has been active, a representative of the local national committee in whose territory the party is resident; If the relevant racing committee, the cooperative board or the local national committee so requests, its representative shall be invited. Invited representatives who are not members of the Commission shall have an advisory vote at the meeting of the Commission.
(3) The persons invited to the hearing of the narrower commission referred to in paragraph 2 shall, as well as the members of the committee, be entitled to all the benefits they have missed as a result of their participation and to reimbursement of the necessary expenses incurred by them. Reimbursement of the necessary expenditure shall be provided and paid to the staff of the national authorities and establishments by their personal offices and other persons by the national committees.
(4) Members of the Social Security Commission or of the national higher-level committee, as well as a representative of the State Social Security Office, may also attend the deliberations of the restricted committee.
Scope of closer commissions
As a general rule, the Regional National Committee shall delegate the following scope to the Batch Committee:
1. decide
(a) sickness insurance (sickness insurance)
- the issue of the creation and disappearance of social security for cooperative peasants,
- the appeal against decisions of the Social Commission of the Single Agricultural Cooperative Group, the Social Security Commission of the Local (City) National Committee or the City National Committee's Benefit Committee on cash benefits in sickness and child protection under the rules on social security for cooperative peasants,
- the obligation of the single agricultural cooperative to make good the damage caused by the mispayment of the sickness and child insurance benefit, provided that the social committee of the cooperative to which the decision on benefits has been delegated has infringed or neglected the obligations arising from that application and that the benefit has been granted unjustly or at a higher level than it was due,
- the removal of hardness which would arise when providing sickness and child security benefits under the social security rules of cooperative peasants,
- on the benefits of sickness insurance of writers, composers, artists, architects, scientific researchers, performers and artists under Decree No. 50 / 1960 Coll.,
- the benefits of the security of non-working pensioners in sickness, with the exception of spa care, and the death grants resulting from the accident at work of individual farmers, cooperating members of their family or family members, and, where appropriate, the appeal against the decision of the City National Committee on these benefits,
(b) pension insurance (insurance)
- on social pensions, on education for social pensions and the increase of social (educational) pension for helplessness, and, where appropriate, on appeals against decisions of the municipal national committee committee on these benefits,
- granting pension benefits to which there is no legal claim, writers, composers, artists, architects, scientific researchers, performers and artists pursuant to Decree No. 50 / 1960 Coll.,
- the provision of a supplement to childcare allowance, on the basis of a proposal from the relevant trade union body, in cases of special consideration in which the child allowance would belong to the working recipient of the invalidity pension or his wife at a lower rate than the education allowance granted to the invalidity pension,
- requests to be declared for pension purposes that employment (pension insurance for cooperative farmers) has been interrupted for serious reasons,
- whether, for pension purposes, the calendar years in which a member of the single agricultural cooperative has failed to meet his working time pursuant to the decisions of the member meeting of the cooperative shall be counted,
- to set off the period of activity of former members of the Regulations (conventions) until the period of employment for the purpose of retirement provision, as determined by the Government,
- the issue of the creation and termination of pension insurance by individual farmers and other persons of self-employed and cooperating family members,
(c) the obligation to repay the benefit unduly or at a higher rate than it was due and the obligation of the employer (cooperative) to replace the benefit if he has caused the benefit to be paid unjustly or at a higher rate than it was due, where the decision on the benefit falls within the competence of the national committees;
2. approve the decision of the Social Commission of the Single Agricultural Cooperatives on the excess levy on sickness or maternity and child security;
3. deliver an opinion in cases where the economist (accounting) of the single agricultural cooperative does not make a decision on the dose of sickness or maternity and child security because he is not in accordance with the law and the social security department agrees with the opinion of the economist (accountant);
4. design
(a) the State Social Security Office, in order to decide on the obligation to pay back the benefit unduly or at a higher rate than it was due and on the obligation of the employer (cooperative) to replace the benefit if it has caused the benefit to be paid unjustly or at a higher rate than it was due, where the decision on the benefit falls within the competence of the State Social Security Office;
(b) the Financial Commission of the District National Committee to refrain from the recovery of the premiums due or, where appropriate, the remission of the premiums due in part or in full.
Where a batch committee has been set up at the Social Security Commission of the Municipal National Committee, it may be entrusted with decisions on the matters referred to in Article 3, as well as with decisions on cash benefits in the sickness and security of the mother and child under the rules on social security of cooperative farmers, provided that that competence is not transferred to the Social Commission of the Single Agricultural Cooperative.
The District National Committee hereby authorises the Social Welfare Committee to decide as a rule:
(a) in matters of constitutional social welfare
- for admission to, release from, entry into and transfer to another institution,
- on the allowance for provision and allowance in the social security institution and on whether and to what extent a legal maintenance obligation against the staff of the institution is to be required and, where appropriate, enforced,
(b) in supplementary care matters:
- the provision of care services and the conditions under which it will be provided,
- to participate in and contribute to joint catering,
- providing assistance in kind,
- an existential contribution to blind workers,
- a one-off and recurring cash contribution,
- the child allowance,
- the contribution of patients with tuberculosis,
- the allowance for blind aids,
- the allowance for the purchase of motor carriages,
(c) the provision of provision allowances (allowances) to family members of persons called upon to serve in the armed forces;
(d) the obligation to return the benefit of social security or, where appropriate, to replace the service which is unlawfully provided;
(e) an appeal against social welfare decisions issued by the municipal (district, local) committee.
Where a Social Welfare Commission has been set up at the Social Security Commission of the Municipal National Committee, it may be entrusted with decisions on matters referred to in Article 8 (a) as regards arrangements in social care institutions of local importance, as well as decisions on matters referred to in points (b) to (d).
The Regional National Committee hereby authorises the batch committee to decide on appeals against decisions of the batch committees of the county national committees issued in the first chair.
The Regional National Committee mandates the Social Welfare Committee to decide
(a) appeals against decisions of the Social Welfare Committees of the District National Committees issued in the first chair;
(b) in the cases referred to in Articles 8 (a) and 8 (d), as regards the provision of care facilities of regional importance. An appeal against these decisions shall then be decided by the Social Security Commission of the Regional National Committee.
Proceedings before closer commissions
The National Committee's Social Security Department and, where appropriate, the authorised national committee staff shall prepare the documents for the deliberations of the restricted committee; In particular, it shall ensure that members of the Commission are invited to the hearing in due time and that they are able to be familiar in advance with the content of the material prepared for discussion in the Commission and that persons to participate in the deliberations with the advisory vote are invited. For the proceedings of the panel, the organisation (undertaking, establishment) in which the party is or has been employed, or the report of the relevant local national committee on the work ethic and merit of the party, shall give a timely statement to the ROH racing committee.
The closer commissions are required to follow the guidelines of the Social Security Commission in which they are set up. The Social Security Commission may, on a case-by-case basis, reserve its own decision instead of a closer Commission.
(1) The Commission shall act by a simple majority of the members present; the opinion for which the President of the Commission has voted shall be adopted in the event of a tie. If the President has serious doubts as to the accuracy of the resolution of the Commission to be issued, he may propose that it be examined before the issue by the Social Security Commission, in which case a closer commission is established.
(2) If the decision of the narrower commission depends on the resolution of issues falling within the competence of the Social Security Assessment Board (Decree No. 151 / 1960 Coll.), the narrower commission is bound by the decision or, where appropriate, by a statement (opinion, proposal) of the relevant assessment committee, if such a decision has not yet been delivered, the narrower commission will propose its publication.
(1) A party to the proceedings may be present at the hearing of a restricted committee, but not at the hearing; the hearing of the panel must be invited if its presence is necessary to clarify the relevant circumstances of the case.
(2) If a decision is taken in writing by a narrower commission, it shall be sent to the party to the proceedings no later than three days after the Commission's resolution.
If it is necessary for the benefit or social security service to be decided by a closer commission to be provided without delay, the head of the Social Security Department of the District National Committee may take the necessary measures to the extent necessary; report its action to the relevant committee at the next meeting.
Final provisions
(1) The provisions of Decree No 226 / 1957 Ú. l, which transmits decisions on certain pension benefits to the executive bodies of the national committees, and Decree No 133 / 1958 Ú. l., on the composition, organisation, competence and conduct of the social security committees of the national committees, are hereby repealed if they have not expired earlier; the power of the national committees to decide death grants as a result of an accident at work of individual farmers, cooperating members of their family or family members remains intact.
(2) The measures which have been implemented and the decisions given in accordance with the provisions of this Order before the beginning of its effectiveness are deemed to have been taken under it.
(3) This decree shall take effect on the day of its publication.
Broad v. r.
*) The award of spa care is decided by the Social Security Assessment Commission (Decree No. 151 / 1960 Coll.).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 84 / 1962 Coll., on the organisation and competence of narrower and narrower welfare committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.1962 |
|---|---|
| Effective from | 24.08.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0