Decree No. 95 / 1968 Coll.
Ordinance of the Central Council of the Unions on the provision of child allowance in sickness insurance
Valid
Effective from 01.07.1968
95
DECLARATION
Central Trade Union Councils
of 28 June 1968
on the granting of allowances for children in sickness insurance
In agreement with the Ministry of Labour and Social Affairs pursuant to Articles 9 and 63 (2) and (3) of Act No. 54 / 1956 Coll., on sickness insurance for workers, as amended by Act No. 16 / 1959 Coll., and under Sections 36 (2) and 38 of the Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance (hereinafter referred to as "the Act"):
Continuous preparation of the child for future occupation
[Paragraph 18 (2) (a) of the Law]
(1) The continuous preparation of a child for a future profession after compulsory education is considered to be
(a) studies at secondary and higher educations1) excluding studies at work (evening, long-distance, external, etc.) and combined studies where the child is employed or otherwise employed or receives physical security for jobseekers, and studies for the duration of the military basic service or service of members of the armed forces and corps;
(b) training in vocational training;
(c) training training, 2)
(d) preparation for work applications in training facilities for citizens with altered workability (3) and in youth facilities requiring special care.
(2) The continuous preparation of the child for the future occupation referred to in points (a) and (b) of the preceding paragraph shall begin not earlier than the beginning of the first year of the school. If the pupil (student) began to perform his / her duties before that date, his / her continuous preparation for the future occupation begins on the day on which he / she began to fulfil those duties.
(3) The continuous preparation of a child for a future occupation after compulsory education is also considered to be
(a) the period from completion of teaching in one school year to the beginning of the following school year if the child continues without interruption in further studies;
(b) the duration of school holidays immediately following completion of the studies, unless the child has entered into permanent employment or has started to pursue other permanent work or has started to receive physical security for jobseekers;
(c) the period after the final completion of the final examination, but no later than the end of the following school year, if the child has not entered permanent employment before the end of that period, or if he has not started other permanent work or started to receive physical security for jobseekers,
(d) other study or teaching, if it is based on its scope and levels, as decided by the competent authority of the State administration, on a study equivalent to that of the schools referred to in paragraph 1 (a).
Compulsory education
(Paragraph 18 (1) of the Act)
The period of school holidays following the end of the school teaching period of the school year in which the child completes the last year of compulsory schooling, unless he / she has entered permanent employment at that time or has started other permanent work.
Temporary stay of the child abroad for recreation
(Articles 20 (2) and 25 of the Act)
Recreation of a child abroad means temporary stay outside the territory of the Czechoslovak Socialist Republic which does not last more than three consecutive calendar months; The residence of a child outside the territory of the Czechoslovak Socialist Republic lasting uninterrupted longer shall not be considered as a recreation starting with the fourth full calendar month spent abroad.
In the calendar month in which the worker entered or left the employment, the allowance for children shall be granted even if his sickness insurance did not last for the whole calendar month. The provisions of the previous sentence shall apply mutatis mutandis to entitlement to child allowance under Article 17 (3) of the Act in the calendar month in which sickness or monetary assistance is granted in maternity.
To supplement children's allowances
(Paragraph 24 (2) of the Law)
(1) The duration of the interruption of the child's stay in such a facility during the school holidays shall not be regarded as being the place of the child in an establishment for such children, which shall last for a full calendar month.
(2) The treatment of a long-term severely disabled child requiring exceptional care or particularly demanding care in a hospital hospital shall be considered as the placement of a child in an establishment for such children as from the seventh month.
(3) The placement of a child in a day-to-day establishment shall not be considered to be the placement of a child until the end of compulsory education in a pre-school establishment or a school, provided that, according to the decision of the Director of such an establishment, his or her attendance in such an establishment is regulated in such a way that he or she does not exceed 10 hours a week.
For the coexistence of claims
(Articles 26 to 28 and 36 (2) of the Act)
If the conditions for providing child allowance are met for several workers and the child is not in direct support of any of them, allowances shall be granted, unless they agree otherwise, from the insurance of those who contribute a higher amount to the child; the allowances awarded to that child are not included in this amount. This applies mutatis mutandis to the coexistence of child benefit rights from occupational sickness insurance and child benefit and education benefits under Part Four of the Act.
(1) If, during a calendar month, there is a change in the beneficiary's allowance for children, or a change in the recipient of the allowance for children, the allowance shall be granted to the new beneficiary only for the calendar month following the calendar month in which the change took place.
(2) If, during a calendar month, a person entitled to the loss of sickness insurance and to the re-establishment of sickness insurance is entitled to child benefits for that month from the last sickness insurance in that month.
(3) The provisions of the preceding paragraphs shall apply mutatis mutandis to the provision of child or educational allowances under Part Four of the Act.
(1) If the family of a worker is a dependent child of his and his spouse, some of whom are entitled to allowances and other pensions under the provisions in force before 1 November 199311), a supplement shall be granted, at the request of the worker, to the sum of the allowances and allowances to be granted to such children, up to the amount of the allowances which would otherwise be due to him for all such children; the condition is that the child on whom the education allowance is granted otherwise fulfils the conditions laid down for the grant of child allowance.
(2) If the entitlement to the pension allowance has ceased to exist and the child has been granted the allowance for the part of the calendar month for which the conditions for the grant of the allowance for that child have also been fulfilled, the allowance shall be granted minus the part of the education allowance payable for that month.
(1) If the worker was receiving sickness insurance benefits for the child, even if they were to be paid in accordance with Part Four of the Act, their provision shall cease at the beginning of the calendar month in which it was established. Children's allowances for the preceding period shall not be regarded as overpayments unless they have exceeded the amount at which they would otherwise have belonged and if they have exceeded the amount above the correct amount of child allowances; However, the condition is that, for the same child, the allowances have only been granted once and that they have fulfilled the purpose for which they are intended. 4)
(2) The provisions of the preceding paragraph shall apply mutatis mutandis,
(a) where the allowances were granted from sickness insurance to a worker other than the one whose sickness insurance was to be granted;
(b) where child benefits have been granted, even if they have been paid for retirement.
To pay child allowance
(Paragraph 27 (2) of the Law)
(1) The child is in full direct care of the institution (s) for the care of children or of young people when provided by this institution (s) of meals, accommodation and clothing.
(2) However, the full direct provision of the child within the meaning of Article 27 (2) of the Act shall not be regarded as a daily or weekly stay of the child in an institution (s) for childcare or youth care.
Provisions common and transitional
(1) The allowances shall be granted, if the conditions laid down otherwise are met, also to a child who has been taken into care by the worker from the institution or establishment for the purpose of a subsequent adoption. *)
(2) In the absence of the case referred to in paragraph 1, allowances shall be granted, if the conditions laid down otherwise are met, also to a child who is under the permanent care of a worker or his spouse replacing the care of a parent, provided that no other person's insurance (security) allowance for that child can be granted.
The competent social security authority may, on a case-by-case basis:
(c) to grant allowances for children from sickness insurance to a worker who has a child in direct custody, even if he is not within 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 necessary if it is established that he does not regularly fulfil the conditions laid down for the provision of child allowances and thus endangers their smooth delivery.
(d) decide on the payment of allowances for children in the hands of an adult child to whom they have been awarded if such a procedure is in his favour.
(1) If a worker has not claimed entitlement to child benefits, although otherwise due to his or her insurance, he / she is entitled to claim from his / her insurance in the interests of the child the second of the parents, another citizen who has a child in direct care, guardian, guardian or institution in charge of child care.
(2) Where a worker is referred to in this decree, this means a self-employed person and his co-worker and a candidate for employment as appropriate.
Children of pensioners who, according to the current regulations, were entitled to childcare allowances until 30 June 1968 and on whom, as from 1 July 1968, pension allowances are payable * *) shall be granted, provided that the conditions laid down otherwise are met, as an advance payment for childcare allowances for the months of July, August and September 1968, such allowances shall be charged to the education allowances due from 1 July 1968. Reimbursement of any overpayments which have been incurred without any justification is not required.
Final provisions
In the context of the adjustment of maternity and childcare assistance by law, the following shall be deleted:
1. Paragraph 11 of the Order of the Central Council of Trade Unions and the State Social Security Office No 61 / 1957 Ú. l., on sickness insurance and the pension insurance of domestic workers;
2. Paragraph 19 (1) of Decree No 7 / 1958 of the Central Council of Trade Unions and the State Social Security Office, on sickness insurance and on pension insurance for seasonal workers and workers for irregular relief;
3. Clauses 8 (2) and 9 (2) and 9 (3) of the Order of the Central Council of Trade Unions and the State Social Security Office No 141 / 1958 Úl., on sickness insurance and on the pension insurance of sentenced persons;
4. the Order of the Central Council of Trade Unions No 74 / 1959 Ú. l., on the provision of allowances for children in staff sickness insurance;
5. provisions of § 44 (e) and § 56 of the Order of the Central Council of Trade Unions No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance; Paragraph 44 (f) of this Decree also omits the citation of Section 23.
This decree shall take effect on 1 July 1968.
Chairman:
Polack v. r.
*) § 232 of the Labour Code.
* *) Social security of artists, cooperative peasants, individual farmers and other self-employed persons.
*) Compliance with the conditions for child allowance is detected in this other system of security according to the regulations on this issue.
* *) § 27 of the Act, § 45 paragraph 3 of Act No. 54 / 1956 Coll. and Act No. 117 / 1966 Coll., on certain consequences of neglect of childcare.
*) In particular Decree No. 91 / 1958 Coll., which publishes the measure of the Central Council of Trade Unions on the organisation and implementation of sickness insurance, as amended by Decree No. 191 / 1960 Coll., and Sections 75 to 77 of Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance.
Article 19 and 38 of the Act.
*) § 69 of the Family Act.
1) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act). Act No. 39 / 1980 Coll., on Higher Education.
2) Paragraph 142 (2) of the Labour Code.
3) Section 130 of Decree No. 128 / 1975 Coll., implementing the Social Security Act.
4) Article 14 of Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance.
10) Article 15 (1) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by the Act of the Czech National Council No. 37 / 1993 Coll.
11) Article III (1), (3) and (4) of Act No. 266 / 1993 Coll., amending and supplementing Act No. 88 / 1968 Coll., on extending maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended, and Act No. 100 / 1988 Coll., on social security, as amended.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions No. 95 / 1968 Coll., on the provision of child allowance in sickness insurance |
|---|---|
| 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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