Act No. 98 / 2017 Coll.
Act amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 117 / 1995 Coll., on State Social Support, as amended
Valid
Effective from 01.06.2017
98
THE LAW
of 8 March 2017
amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 117 / 1995 Coll., on State Social Support, as amended
Parliament has decided on this law of the Czech Republic:
Change of aid law in material emergency
Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 239 / 2008 Coll., Act No. 206 / 2009 Coll., Act No. 229 / 2011 Coll., Act No. 141 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 206 / 2011 Coll., Act No. 329 / 2011 Coll.
1. Paragraph 10 (5) reads as follows:
"(5) The operative period during which the fulfilment of the other conditions is to be determined
(a) in the case of a repeated application, the current calendar month,
(b) in the course of the provision of a recurring levy, the calendar month preceding the current calendar month, except for the determination of justified housing costs, where the current calendar month is the relevant period;
(c) in the case of a single levy application, the current calendar month. "
(2) Paragraph 30 shall be deleted, including the title.
3. Paragraph 33 (3) reads as follows:
"(3) There shall be no entitlement to a housing supplement if the person refuses, without a serious reason, the possibility of an adequate housing which he is obliged to actively seek; to that end, the person shall also be obliged to ask the municipality in which he resides or actually resides for assistance in obtaining such housing. The municipality is obliged to assess the request. If a person who has requested assistance in obtaining adequate housing has not been offered such housing by the municipality, the municipality shall give him a written recommendation on the next procedure. If the offer of adequate housing has not been accepted by the person, the municipality shall inform the competent authority of the aid in a material emergency. The provisions of the first and second sentences shall not apply to a person who has been granted a special allowance under another legislature19) from whom an apartment has been financed and to a person residing in a special destination, if his or her health requires a special treatment of that apartment. ';
4. In the first sentence of Article 33 (6), the words "using the information of the entrusted municipal office or the office of departure referred to in Article 35a (1) 'shall be inserted after the word" determine'.
5. In the second sentence of Article 33 (6), the words "using the information given by the municipal authority or the local authority referred to in Article 35a (1) 'shall be inserted after the word" emergency' and the words "in the case of the consent of the municipality in whose cadastral territory the accommodation is located 'shall be replaced by the words" in the case of a recommendation from the municipality in whose cadastral territory the accommodation is located, issued in accordance with Article 33 (3)'.
6. In the third sentence of Paragraph 33 (6), the words "bed care facilities' shall be inserted after the words" community '.
7. In Article 33, the following paragraph 9 is added:
"(9) The entitlement to a housing supplement shall not arise if an apartment, other than the living space referred to in the first sentence of paragraph 6 of the first sentence or the accommodation is located in an area with an increased incidence of social adverse events declared by a general measure pursuant to § 33d. The provisions of the first sentence shall not apply to cases where the property or the right to use an apartment, other than the living space referred to in paragraph 6 of the first sentence or the accommodation establishment has been established before a measure of a general nature has been granted pursuant to § 33d. ';
8. In the first sentence of Article 33a (5), the words "using the information of the entrusted municipal office or the office of departure referred to in Article 35a (1) 'shall be inserted after the words" may be used'.
9. The following Sections 33c and 33d are inserted after Section 33b:
Conditions for assessing cases of special consideration
(1) A case of special consideration under § 33 (6), first or second sentence, or under § 33a (5), cannot be considered as a situation in which a person or, where appropriate, persons jointly assessed with it,
(a) have left the apartment for no serious reason in accordance with Paragraph 33a (1);
(b) they are not linked to the municipality in which they are actually staying, or to a place normally available from that municipality;
(c) they are linked to the municipality in which they are actually resident or, where appropriate, to a place normally accessible from that municipality and, at the same time, other appropriate housing is available in that municipality or place.
(2) The assessment of the fulfilment of the condition of contact with the municipality shall in particular be carried out,
(a) whether the person in that municipality carries on a gainful activity, with the exception of the person referred to in § 3 (1) (a) (1) to (10);
(b) whether the person is kept in the register of job seekers with the regional branch of the Labour Office in whose territory he resides and fulfils the obligations of the employment candidate at the contact centre of that regional branch of the Labour Office in whose territory the municipality is located, except for the person referred to in § 3 (1) (a) (1) to (10);
(c) whether the person in this village lives with the family;
(d) whether the person in the municipality has unprovided children who are in compulsory education or are constantly preparing for a future occupation;
(e) whether the person in the municipality is staying for health reasons; or
(f) whether there are, where appropriate, other relevant reasons, other than those referred to in points (a) to (e) which bind the person to the municipality.
(3) In assessing the fulfilment of the condition of the availability of other suitable housing, it shall be established whether other adequate housing is available in the municipality in accordance with § 33a (1) or, where appropriate, in a social services residence, and whether there is no presumption of otherwise obtaining and maintaining the accommodation available for the person, even if he is actively looking for it.
Area with increased incidence of social adverse events
(1) A municipality in whose territory there are places where there are increased social adverse events may request an authorised municipal authority in whose territorial district they are located to issue measures of a general nature declaring an area with an increased incidence of social adverse events (hereinafter referred to as "measures of a general nature"). The application shall include:
(a) identification of places where social adverse events occur to an increased extent; and
(b) a justification showing an increased incidence of social adverse events; In particular, violations of public policy, adverse effects on children, the presence of people under the influence of addictive substances, etc.
(2) The competent municipal authority shall, upon request under paragraph 1, prepare a draft measure of a general nature. The competent municipal authority shall discuss a draft measure of a general nature with the Czech Police, if a measure of a general nature is to be issued because of an increased occurrence of disturbances in public order, with the municipal authority of the municipality with extended competence as a social protection body, if a measure of a general nature is to be issued because of an increased occurrence of adverse effects on children.
(3) Only owners of real estate situated in an area covered by a draft measure of a general nature may object to a draft measure of a general nature.
(4) If, on the basis of its own assessment, the entrusted municipal authority does not find, taking into account the results of the discussions with the authorities concerned, the comments received and the objections received to the effect that there are no socially undesirable effects in the places referred to in the draft measure of a general nature, it shall issue a measure of a general nature.
(5) The municipal authority responsible shall abolish measures of a general nature if the municipality which applied for it so requests.
(6) The requests referred to in paragraphs 1 and 5 are made by the municipality under separate jurisdiction. "
10. in Paragraph 34 (b), the words "up to a maximum of the amount which is customary" shall be inserted after the words "associated with the use of the apartment."
11. in Paragraph 34 (d), "90" is replaced by "80."
12. § 35a including the title reads:
Mutual cooperation between the regional branch of the Office of Labour, the municipality and the entrusted municipal office or the office of departure
(1) Where the Regional Branch of the Office of Labour assesses whether this is a case of special consideration under § 33 (6) of the first or second sentence or § 33a (5), the entrusted municipal office or the local office responsible for the actual place of residence of the person or, where appropriate, of persons assessed jointly, shall request information through the Single Information System of Labour and Social Affairs (66). The content of the information referred to in the first sentence shall be the information necessary for the assessment of the conditions referred to in Article 33c (1), which is known by the entrusted municipal authority or the local authority from its official activity. The Office referred to in the first sentence shall provide the Regional Branch of the Labour Office with the required information without delay and not later than 20 calendar days from the date of receipt of the request.
(2) It shall inform the Office of the County Office of the fact that a housing supplement or a housing supplement has not been granted to a person using a non-residential area or accommodation, without undue delay, but not later than 20 calendar days, of the entrusted municipal office or local authority responsible for the actual place of residence of that person with the incentive to start social work in order to deal with the housing situation of that person.
(3) The Regional Branch of the Labour Office shall, upon request, provide the municipality with information on the number of persons to whom the additional housing fee is granted on its territory according to the sites listed in the application. "
13. in Paragraph 42 (3):
"(3) The housing supplement shall be provided in cash. A housing supplement or part of it may be used without the consent of the beneficiary to pay the cost of living directly by showing it to the landlord or providing services or energy providers. In the event that the owner of the unit as a service provider has not paid an advance payment to the unit owner's community for the services associated with the use of the apartment and the contribution to the repair fund, the lessee of the unit owner's community shall be regarded as a service provider for the purposes of this Act. ';
14. in Article 43 (5) (a):
"(a) the subsistence allowance may be determined by the payer of the benefit by providing at least 35% and not more than 65% of the levy awarded by means of a voucher authorising the purchase of goods at a fixed value. The recipient of the benefit who receives the benefit for more than 6 months in the last 12 months shall be paid the benefit in such a way that at least 35% and not more than 65% of the levy are paid by the vouchers authorising the purchase of the goods at a fixed value. '
15. in Paragraph 61 (1) (h):
"(h) inform, in accordance with Article 35a (2), the entrusted municipal authority or the local authority;"
16. in Paragraph 61, the following point (i) is added at the end of paragraph 1:
"(i) submit a request for information pursuant to § 35a (1) to the authorised municipal office or the office of departure responsible for the place of actual residence of the person or, where appropriate, of persons examined jointly."
17. in Article 63 (2), the words "or, where appropriate, on-the-spot investigation," shall be inserted after the word "investigation."
Transitional provisions
1. Entitlement to a recurring benefit of assistance in material distress granted under Act No. 111 / 2006 Coll., as effective before the date of entry into force of this Act, shall not cease to exist on the date of entry into force of this Act; the body of assistance in material emergency no later than 6 calendar months after the date of entry into force of this Act shall re-evaluate the entitlement to a recurring benefit of aid in material emergency under Act No. 111 / 2006 Coll., as effective from the date of entry into force of this Act, except for the fulfilment of the condition under § 33 (9) first sentence.
2. The procedure for the benefits of aid in material distress initiated and final before the date of entry into force of this Act shall be completed in accordance with Act No. 111 / 2006 Coll., as effective from the date of entry into force of this Act.
Amendment of the State Social Support Act
In Article 59 of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 242 / 1997 Coll., Act No. 271 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 382 / 2008 Coll., Act No. 73 / 2011 Coll., Act No. 366 / 2011 Coll. and Act No. 303 / 2013 Coll., paragraph 7 reads:
"(7) The housing allowance or part of it may be used without the consent of the beneficiary to pay directly the housing costs by showing it to the landlord or service provider or energy provider. In the event that the owner of the unit as a service provider has not paid an advance payment to the unit owner's community for the services associated with the use of the apartment and the contribution to the repair fund, the lessee of the unit owner's community shall be regarded as a service provider for the purposes of this Act. ';
EFFECTIVE
This Law shall take effect on the first day of the second calendar month following its publication, with the exception of Article I (13) and Article III, which shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Contents
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Regulation Information
| Citation | Act No. 98 / 2017 Coll., amending Act No. 111 / 2006 Coll., on aid in material distress, as amended, and Act No. 117 / 1995 Coll., on State Social Support, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2017 |
|---|---|
| Effective from | 01.06.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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