Decree of the Ministry of Labour and Social Affairs No. 92 / 1968 Coll.
Decree of the Ministry of Labour and Social Affairs amending and supplementing Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the Act on Social Security of Cooperative Farmers, as amended by Regulations No. 142 / 1965 Coll. and No. 117 / 1967 Coll.
Valid
Effective from 01.07.1968
92
DECLARATION
Ministry of Labour and Social Affairs
of 28 June 1968
amending and supplementing Decree No. 104 / 1964 Coll., implementing the Social Security Act on Cooperative Farmers, as amended by Regulations No. 142 / 1965 Coll. and No. 117 / 1967 Coll.
The Ministry of Labour and Social Affairs shall provide, in agreement with the Ministry of Agriculture and Nutrition, with the Central Council of Trade Unions and other participating central bodies, pursuant to § 19a (6) and § 144 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, as amended by Act No. 141 / 1965 Coll., No. 116 / 1967 Coll. and No 89 / 1968 Coll. ("the Act '):
Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the Act on Social Security for Cooperative Farmers, as amended by Regulations No. 142 / 1965 Coll. and No. 117 / 1967 Coll., is amended as follows:
1.
"(ch) the period during which the mother or the woman who took custody of the child took care of a child under the age of three or of an invalid minor who needed permanent care and was not placed in a care institution;
(i) the period during which the cooperative was kept in the register of the national committee as a candidate for employment. "
Point (i) shall be renumbered as point (j).
The reference above § 4 is deleted from the quote § 22.
2. In Section 10 (1), the words "and monetary assistance in maternity over the first 18 weeks (Section 22 (3) of the Act)" are deleted.
At the end of paragraph 2 of the same paragraph, the words "and for monetary assistance in maternity, provided that it is determined by the length of the working period of the cooperative's work (§ 22 (3) of the Act) 'are deleted.
3.
Continuous preparation of the child for future occupation
(1) The provision of childcare allowance shall be considered as a continuous preparation for the future occupation after compulsory education.
(a) training in the curriculum, *)
(b) job preparation, * *)
(c) preparation for the profession in youth establishments requiring special care, * * *)
(d) studies in schools established under school regulations which provide secondary, higher and higher education, †) with the exception of studies at work (external, long-distance, evening, etc.) and studies for the duration of military basic service.
(2) As a study period, it is also assessed
(a) the period from completion of teaching in one school year to the beginning of teaching in the following school year, if the child continues without interruption in further studies;
(b) the duration of the school holidays immediately following completion of the studies, unless the child has entered a permanent job or started another permanent work activity;
(c) the period after completion of the school which is laid down in each field for the completion of the final examination or for the defence of the thesis, but no more than one year, unless the child has entered a permanent employment or started another permanent employment activity,
(d) studies at other schools or courses, provided that their scope and levels are equivalent to those of the schools referred to in paragraph 1 (d), as decided by the Ministry of Education. "
4.
Own income of the child
(1) The child's own income includes wages (remuneration, compensation for wages) and other recurring income belonging directly to the child. In the child's own income, the sum of such income as the child had in a calendar month shall be taken into account; for the grant of allowances for the current calendar month, the child's own income shall be determined in the immediately preceding calendar month if this month falls within the period of continuous preparation for the future occupation.
(2) The following are not included in the child's own income:
(a) scholarships provided under the applicable scholarship regulations; However, grants which are in the nature of compensation for earnings shall be included in the own income,
(b) the value of free boarding and free meals and clothing provided in accordance with the provisions on the physical arrangements for young people preparing for the future occupation and the value of natural resources granted to university students in the course of military duties on holidays;
(c) child support;
(d) orphan's pension, including any increase in helplessness;
(e) the earnings of work held between the end of teaching in one school year and the beginning of teaching in the following school year, if the child continues to continue to study without interruption at the same or other school, the earnings of working during school holidays in the cases referred to in Paragraph 19 (2) (b), as well as the earnings of an apprentice or youth preparing for a future occupation in an employment relationship, for work performed at the time of the period of the school holiday,
(f) student's earnings for work organised or awarded by the school or in agreement with the school authorities;
(g) occasional earnings for assistance or similar temporary work, as well as earnings for work under work agreements outside employment. *)
(3) If the child is in a teaching relationship to a cooperative that rewards work by working unit, his own income for the employed labour units shall be determined by multiplying the monetary value of the working unit at the planned amount, including the value of the natural resources belonging to that unit, by the number of working units that the apprentice worked in the calendar month; where the apprentice has other income as referred to in paragraph 1, the sum of all income shall be taken into account.
(4) The Ministry of Labour and Social Affairs shall, in agreement with the central authorities involved, determine whether and to what extent they are included in the own income of the child of social support for children who will be introduced or reintroduced after 30 June 1968. '
5. Article 21 shall be deleted;
6. Paragraph 22 renumbered paragraph 1 and paragraph 2 is added as follows:
"(2) The working time applicable to the calculation of the working day referred to in the preceding paragraph shall be counted for the purposes of child allowances for the period worked in parallel employment. ';
7. Paragraph 23 becomes paragraph 1 and paragraph 2 is added as follows:
"(2) In the month in which he joined the cooperative, which was neither employed by a member of the armed forces nor a member of the cooperative, the days referred to in points (a), (b) and (c) of Paragraph 30 (3) of the Act shall be counted as working days, the days on which the cooperative was continuously preparing for a future occupation (§ 19), the days on which he received pension benefits, and the days on which he was kept on the register of the national committee as a candidate for employment. '
8. Sections 24 to 31, including the headings, shall be deleted.
9.
Stay of the child in the institution
A daily or weekly stay of a child in a youth care institution shall not be considered as a full direct provision of the child within the meaning of Section 35 of the Act, provided that the child is also under the regular care of a parent or another creditor. '
10.
Allowances for grandchildren and siblings
The co-worker shall be entitled to child allowance for his grandson and siblings, provided that the conditions laid down for entitlement to child allowance are met, if the co-worker has a grandson (siblings) in direct care and if the child allowance (education) cannot be granted from the insurance (sickness insurance or material security of members of the armed forces) of any of the child's parents. '
11. the following Section 33a is inserted after Section 33:
Coefficient of allowances and education in the same family
(1) If, in the same family, there are certain children of the cooperative or of his spouse's retirement allowance and other child allowances, a supplement to the amount of the allowance which would otherwise belong to all those children shall be granted at the request of the cooperative or of the cooperative. the condition for such a procedure is that the child on whom the education allowance is granted otherwise fulfils the conditions laid down for the grant of child allowances.
(2) If the entitlement to a pension has ceased and the child has been granted an allowance for the part of a calendar month for which the conditions for the grant of allowances for that child have also been fulfilled, the allowance shall be granted minus the part of the education payable for that month. ';
12.
Child allowance in other cases
The District National Committee may, on a case-by-case basis:
(a) grant allowances for children who, after leaving compulsory education, could not, for serious reasons, be admitted to a teaching relationship or to a job (permanent work in a cooperative) if they are fully dependent on the provision to the cooperative, but no later than the end of the school year immediately following the end of compulsory education;
(b) to grant allowances for children if the cooperative could not fulfil the condition of working for a specified number of working days for reasons other than serious reasons or in cases other than those provided for in the law, or the cooperative could not fulfil that condition because it was on additional (unpaid) maternity leave,
(c) to grant allowances to children from the security of a cooperative who has a child in direct custody, even if they are not within the scope of the Qualifying heading if the creditor agrees to this procedure and does not receive the allowance himself and if such procedure is for the benefit of the child; the consent of the creditor is not required if it is demonstrated that he does not regularly fulfil the conditions for providing child allowance, in particular the condition for working for a specified number of working days, thereby threatening the smooth delivery of allowances. ';
13.
Concentrations of entitlements
If the conditions for granting child allowances are met for a number of cooperatives and the child is not under direct control of any of them, the allowances shall be granted unless they agree otherwise from the security of the person contributing a higher amount to the child; the allowances awarded to that child are not included in this amount. This applies mutatis mutandis if more than one is authorised from different security systems (insurance). '
14. The following Section 36a is inserted after Section 36:
Additions to children in permanent care replacing parents
The allowances shall be granted, if the conditions laid down otherwise are met, also to a child who is under permanent care of the cooperative or his spouse, replacing the care of the parent; the assumption is that this child cannot be granted someone else's security (insurance) allowances. "
15.
Children's pension and education
Article 68 (4) and Article 73 (5) of the Law
The income referred to in Paragraph 20 (2) shall not be considered as the child's own income. '
This decree shall take effect on 1 July 1968.
Minister:
Štancež v. r.
*) Part of the Third Labour Code No. 65 / 1965 Coll.
* *) § 142 (2) of the Labour Code and Decree No. 132 / 1967 Coll., on the remuneration and physical security of young people entering into employment directly after compulsory education
* * *) Decree No. 87 / 1967 Coll., on the financial and material security of apprentices in boarding apprenticeship schools for young people requiring special care and in apprenticeship schools attended by apprentices from social care institutions for faulty youth
†) Law No. 186 / 1960 Coll. and Act No. 19 / 1966 Coll., on Higher Education
*) § 232 of the Labour Code
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 92 / 1968 Coll., amending and supplementing Decree of the State Social Security Office No. 104 / 1964 Coll., implementing the Act on Social Security of Cooperative Farmers, as amended by Regulations No. 142 / 1965 Coll. and No. 117 / 1967 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1968 |
|---|---|
| Effective from | 01.07.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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