Act No. 90 / 1949 Coll.
Law on family allowances
Valid
Effective from 01.01.1949
90.
Law
of 23 March 1949
on family allowances.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Family allowances under this Act shall be granted:
(a) the compulsory sickness and maternity insurance employees under the Act of 15 April 1948, No 99 Coll., on National Insurance, with the exception referred to in § 21 (other "employees");
(b) persons who are entitled to sickness insurance or who are in constitutional treatment under their insurance as employees under the National Insurance Act;
(c) workers entitled to maternity benefit under the National Insurance Act;
(d) persons serving in the Czechoslovak army;
(e) persons studying at a regular school,
if they care or are obliged to care for unprovided children (§ 3) residing in the territory of the Czechoslovak Republic and if the other conditions under this law are fulfilled.
(1) The person referred to in Paragraph 1 shall be entitled to family allowances under this Act if, in the calendar quarter for which the family allowance is granted, at least for a period of 45 days as an employee is compulsorily insured in the event of sickness and maternity or if, in this and the preceding calendar quarters, he has been insured in such a way for at least 90 days (in the next "entitled").
(2) The periods referred to in paragraph 1 shall not count the period of compulsory sickness insurance for which the staff member was not entitled to the salary.
(3) The period of compulsory insurance referred to in paragraph 1 is equivalent to:
(a) the period during which the person referred to in Article 1 was entitled to sickness insurance or was in a constitutional treatment on the basis of his insurance as an employee under the National Insurance Act;
(b) the period during which the person referred to in Article 1 was entitled as an employee to maternity benefit under the National Insurance Act;
(c) the period of active service in the Czechoslovak army, except in the case of periods of service spent in the proportion of a military professional, if the person referred to in § 1 has been compulsory for sickness and maternity insurance under the National Insurance Act for at least 182 days prior to the entry into service;
(d) the period of study at a regular school, if the person referred to in § 1 has been compulsory for at least 182 days in the last 12 months prior to entering the ordinary school as an employee in the event of sickness and maternity under the National Insurance Act.
(4) The government may, by means of a regulation, set out the relevant periods referred to in paragraph 1, where this is required by state labour management or wage policies.
(1) Unprovided children shall be considered to be blood-bearing and adopted children of the creditor or of his spouse up to 16 years of age.
(2) A child (paragraph 1) older than 16 years of age, whose own income does not exceed 1.800 CZK in the calendar quarter, shall be considered as unfit,
(a) if it is not possible for a disease or physical or mental defect to provide itself with nutrition; or
(b) if it is continuously prepared for the future occupation by studying at a proper school or by other training (training), but in this case not more than 25 years of age. If the child is unable to complete training (training) up to 25 years of age for the performance of a military obligation, the age limit shall be increased by the period during which that obligation has been fulfilled; the child shall not be deemed to be unprovided for the duration of the professional obligation.
(3) Children older than 16 years of age who do not fulfil the conditions of paragraph 2, as well as grandchildren, siblings and shelters, may also be considered as undependent children in cases of good concern. The Ministry of Social Welfare shall adapt the details by means of directives which it issues after the hearing of the Board of Directors of the Central National Insurance Corporation (§ 14) and which it shall publish in the Official Journal.
(4) Where more than one person has fulfilled the conditions for the grant of a family allowance to the same child, the allowance shall be granted only once, to the one who has the child in direct custody.
(1) The family allowance is monthly
| na 1 dítě | 190 Kčs, |
| na 2 děti | 430 Kčs, |
| na 3 děti | 720 Kčs, |
| na 4 děti | 1 060 Kčs, |
| na 5 dětí | 1 450 Kčs, |
| na 6 dětí | 1 890 Kčs, |
| na 7 dětí | 2 380 Kčs, |
| na 8 dětí | 2 920 Kčs, |
| na 9 dětí | 3 460 Kčs, |
| na 10 dětí | 4 000 Kčs |
and increases by 540 ccs per month for each additional unprovided child.
(2) The government may, by regulation, adjust the amount of family allowances for employees of certain sectors of production or their industries or for certain groups of employees by way of regulation.
(3) The family allowance is payable for each calendar month in which the person referred to in Section 1 takes care of an uninsured child (Section 3).
(1) The family allowance is not for child,
(a) for which training is granted in accordance with the relevant provisions of the arrangements for the payment of public and public staff, if applicable, in accordance with such rules; or
(b) to which education is granted in accordance with the relevant provisions of the National Insurance Act.
(2) The Government may, by regulation, make the provision of family allowances to domestic workers and persons employed alternately at different employers subject to the condition that the family allowances are obtained in a calendar quarter or other period.
The family allowance shall be payable each time after the end of the calendar quarter of the day fixed by the Ministry of Social Welfare after the hearing of the Unified Trade Union Organisation by the Order in the Official Journal.
Entitlement to family allowance must be exercised within a year from the last day of the month in which it was born. If applied at a later date, entitlement to family allowances shall cease for the period preceding that period.
(1) If the beneficiary does not have a child in direct support, the family allowance shall be paid to the person who has direct support.
(2) The spouse (spouse) of the creditor, guardian or guardian of his children, youth care or local national residence committee of the creditor may propose to the district court responsible for such residence to designate the person or public authority to whom the family allowance is to be paid to the place where the creditor is in danger of not using the family allowance for the benefit of an uninsured child. The Court of First Instance shall decide by order following an uncontested procedure in accordance with the provisions laid down by the guardian. If the court conforms to the application, the recipient of the family allowance shall be obliged to spend it solely for the benefit of an uninsured child.
(3) The entitlement to family allowances may be paid (suspended) or confiscated only for the purpose of securing or satisfying a claim incurred against a entitled person in respect of the care of the dependent child to which the claim is due.
(1) The entitlement to family allowance is applied to the relevant county national insurance company (Section 218 of the National Insurance Act). The details of the application of the claim, in particular as shown by the grounds for the establishment and duration of the claim, shall be determined by the Ministry of Social Welfare by a decree in the Official Journal.
(2) The beneficiary and the beneficiary of the family allowance shall be obliged to notify the competent district national insurance undertaking which pays the family allowance within 15 days of any change in the ratios applicable to the establishment and duration of the entitlement to or payment of the family allowance.
(1) The competent district national insurance undertaking shall decide on the entitlement to the family allowance by definition. The measure shall not be issued if the family allowance is granted, unless specifically requested by the Party.
(2) The provisions governing appeals and redress in national sickness insurance apply mutatis mutandis.
(1) Overpayments on family allowances resulting from failure to fulfil or omission of obligations imposed by this law on the beneficiary of the family allowance, in particular by drawing out the family allowance by false assertion or by concealing the facts, shall be due back to the beneficiary. Recovery shall be decided by the competent national insurance undertaking and enforced in the same way as the contribution provided for in Section 12.
(2) The overpayments referred to in paragraph 1 may be deducted at the next payment of family allowances to the same beneficiary.
(1) The cost of providing family allowances shall be borne by employers on their contribution, which shall be 5% of the assessment basis for insurance premiums for employees who are compulsorily insured in the event of sickness and maternity, provided for in Section 20 of the National Insurance Act. The allowance shall not be paid for the staff referred to in Section 21 of the Family Allowance Act.
(2) Paragraph 121 to 130 and paragraphs 132 to 134 of the National Insurance Act apply mutatis mutandis. The contribution shall be collected, regulated and enforced by the relevant county national insurance undertaking.
(1) The holder of rights and obligations under this Act is the Central National Insurance Company. The Central National Insurance Corporation shall manage and charge the income and expenditure related to family allowances with the participation of the Special Panel, separately from other matters within its field of competence.
(2) The relationship of the Panel of Experts with the other authorities of the Central National Insurance Corporation and the details of its competence are laid down by the Government by regulation.
(3) Save as otherwise provided for in that law or in a government regulation issued pursuant to paragraph 2, the national central insurance undertaking shall be subject to the applicable national insurance rules in matters governed by that law.
The rights and obligations of the Family Allowances Fund shall be transferred to the Central National Insurance Corporation.
(1) The family allowance is not part of the assessment base for benefits and premiums under the National Insurance Act and is exempt from all public benefits.
(2) Where a court designates child support, it shall disregard the family allowance granted to it.
(3) If the employer, under the obligation imposed on him by the relevant regulations, provides child allowance (education allowance, education allowance, etc.), he shall be obliged to count the family allowance provided for in this Act.
(1) Who is guilty of acts or omissions relating to the provisions of this law or to the provisions issued for its implementation, in particular who
(a) fails to comply with the obligation of notification imposed by this law in due time without a proper apology;
(b) negotiate with a legitimate contract which is to be limited or reduced by the rights conferred on a creditor under this law;
(c) make false statements in the family allowance proceedings concerning circumstances which may affect the decision;
d) reaches the family allowance by pretending,
(e) requires, although it is not entitled to do so, the provision of family allowances for the same child for several regional organisational units of the Central National Insurance Corporation;
(f) not comply with other obligations under this law;
he will be punished, if not more severely punishable, for an administrative offence by the District National Committee by a fine of up to 20,000 CZK or by a prison (lockdown) within 6 weeks or both. At the same time, in the event of imperfections of the fine, the district national committee shall, depending on the extent of the blame, impose a replacement sentence at liberty within 6 weeks. If both sentences are imposed at the same time, the punishment on the free side, together with the prison detention penalty, must not exceed 6 weeks.
(2) Paragraph 1 does not apply to public authorities.
(3) Where the offence or omission referred to in paragraph 1 is committed in an undertaking or establishment of a legal person by a physical person who is not liable under the law or the statutes for their administration or does not effectively manage them independently, the physical person responsible for the administration of the undertaking or establishment or actually manages them shall be punished in accordance with paragraph 1 if he or she knew or neglected to care for the offence. Where a criminal offence has been committed on the basis of an administrative act of several physical persons responsible as a body for the administration of an undertaking or establishment of a legal person or actually managing an undertaking or establishment, all persons who have declared themselves guilty of the conduct or omission of a founding offence shall be punishable.
(1) For dependent children living outside the territory of the Czechoslovak Republic, family allowances may be granted only under the conditions and to the extent laid down by the Government by the regulation.
(3) The Ministry of Social Welfare may take measures to eliminate the difficulties encountered in implementing this law.
(1) A central national insurance undertaking may use parts of its surplus to promote a healthy population in all classes of the population, in particular:
(a) supporting institutions and facilities for children; and
(b) granting aid on a case-by-case basis on a socially and popularly specific basis.
Details shall be provided by the Ministry of Social Welfare in agreement with the Ministry of Health after hearing the Board of Directors of the Central National Insurance Company and published in the Official Journal.
(2) The amount which the Central National Insurance Corporation may use for the purposes referred to in paragraph 1 shall be determined annually by the Ministry of Social Welfare in agreement with the Ministry of Finance after hearing the Board of Directors of the Central National Insurance Corporation.
This law shall not apply to public and public employees to whom educational fees are due, provided that they are subject to the conditions laid down in the relevant salary arrangements or whose contractual salaries are adjusted with regard to dependent children according to the period of such adjustments.
The period of compulsory sickness and maternity insurance is, as regards the period before 1 October 1948, the period of compulsory insurance under the rules on public insurance referred to in Article 1 of the Act of 13 December 1945, No 154 Coll., on the family allowances of certain persons insured for sickness, as amended by the Law of 2 April 1947, No 58 Coll.
Act No 154 / 1945 Coll. as amended by Act No 58 / 1947 Coll. is repealed. The provisions issued pursuant to him shall remain unaffected, unless they contravene the provisions of this law, until the provisions to be issued under this law are replaced.
This Law shall take effect on 1 January 1949; It shall be carried out by the Minister for Social Welfare in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 90 / 1949 Coll., on Family Benefits |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.1949 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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