98/2017 Sb.
LAW
of 8 March. March 2017,
amending Act No. 111/2006 Coll. on assistance in material need, as amended by
amended, and Act No. 117/1995 Coll., on State social
support, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on assistance in material need
Article. (I)
Act 111/2006 Coll., on assistance in material need, 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. 259/2008 Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 206/2009 Coll., Act No. 227/2009 Coll., Act No.
141/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2011 Coll., Act No. 329/2011 Coll., Act No. 364/2011 Coll., Act No.
366/2011 Coll., Act No. 375/2011 Coll., Act No. 399/2012 Coll., Act No.
303/2013 Coll., Act No. 306/2013 Coll., legal measures the Senate No.
344/2013 Coll., Act No. 64/2014 Coll., Act No. 252/2014 Coll., Act No.
254/2014 Coll., Act No. 205/2015 Coll., Act No. 377/2015 Coll., Act No.
188/2016 Coll., Act No. 298/2016 Coll. and Act No. 367/2016 Coll., is amended
as follows:
1. in article 10, paragraph 5 is added:
"(5) a decisive period, for which the other Fallows
and) in the case of application for a recurring batch, the current
calendar month,
(b)) in the course of providing a recurring batch, the calendar month
prior to the current calendar month, with the exception of discovery
reasonable cost of living, which is a decisive period of the current
calendar month,
c) in the case of submission of a single dose is the current
calendar month. ".
2. section 30, including the title.
3. In article 33, paragraph 3 is added:
"(3) the right to housing supplement does not arise if the person without serious
because of access to suitable housing, rejects that is required to actively
Search; for this purpose, the person is also responsible for assistance in obtaining
such housing may request the municipality in which it is a permanent resident or in which
actually resides. The municipality is required to evaluate the request. If the person
that her assistance in obtaining adequate housing requested, offer
such housing from the side of the village has not been made, it shall issue to the municipality in writing
recommendations for further progress. If you offer a reasonable housing has not been
a person accepted, it shall inform the competent authority of the municipality of material
need. The provisions of the first and second sentences shall not apply for a person that was
contribution to special aid under other legal
prescription ^ 19), which was financed by the adjustment of the apartment, and with the person
inhabiting the apartment special purpose, if her health special
This one apartment requires ".
4. In § 33 para. 6 the first sentence after the word "determine" the words "with the
using the information in charge of municipal authority or the authority under újezdního
§ 35 para. 1. "
5. In § 33 para. 6 the second sentence after the word "need" the words "with the
using the information in charge of municipal authority or the authority under újezdního
§ 35 para. 1 "and the words" in the case of the consent of the village, on which the cadastral
the territory is located accommodation "shall be replaced by the words" in the case of
recommendations of the municipality in whose territory the accommodation facility
is located, issued in accordance with § 33 para. 3. "
6. In § 33 para. 6 the third sentence, after the word "community" shall be replaced
"the clinic bed care".
7. In paragraph 33, the following paragraph 9 is added:
"(9) right to housing supplement does not arise, if flat, other than
living space in accordance with paragraph 6, first sentence, or accommodation
located in an area with an increased incidence of socially undesirable phenomena
announced measures of a general nature according to § 33d. The provisions of the first sentence
does not apply to the cases where the right of ownership or the right to use the apartment,
other than the living space in accordance with paragraph 6, first sentence, or
the accommodation was created before the release of the measures of a general nature according to the
§ 33d. ".
8. In § 33a paragraph 1. 5 the first sentence, after the words "can be" the words "with the
using the information in charge of municipal authority or the authority under újezdního
§ 35 para. 1. "
9. under section 33b, the following new section 33 c and 33d, which including the following titles:
"§ 33 c
The conditions for the assessment of the cases worthy of special attention
(1) A case worthy of special consideration, in accordance with § 33 para. 6 the first sentence or
the second, or according to § 33a paragraph 1. 5 can not be considered a situation where a person
where appropriate, the persons to be assessed, together with her
and) without serious reasons have left the previous housing pursuant to § 33a
paragraph. 1,
(b)) are not with the municipality in which the actual stay, where appropriate, the place which
It is from this village of commonly available, connected,
(c)) are the municipalities in which the actual stay, where appropriate, with a place which is
from this village of commonly available, connected and at the same time for them in that village or
in that place is available other reasonable housing.
(2) in assessing the performance of the terms of the combination of the person with the authority to assess
in particular, the
and whether the person in that) the village carries out an activity, with the
the exception of the person who is listed in § 3 (1). 1 (b). a) points 1 to 10,
(b)) whether a person is entered in the register of job seekers in the County
Branch Office work, in which the territorial jurisdiction is staying, and performs
obligations of jobseekers at the contact place of work of the regional
Branch Office in whose district the municipality is listed, with the exception of
the person that is mentioned in section 3, paragraph 3. 1 (b). a) points 1 to 10,
(c)) whether a person in this village lives with the family,
d) If a person in this village has dependent children, compulsory
school attendance or consistently preparing for the future of the profession,
e) If a person in this village is staying away for health reasons, or
(f) whether there are other possibly) significant reasons not listed in subparagraphs (a)
a) to (e)), that person to the municipality.
(3) in the assessment of the fulfilment of the conditions of the availability of other reasonable
to determine whether housing is in the village for that person available to other
adequate housing according to § 33a paragraph 1. 1 or pobytovém
social services, and to determine whether or not a person that is not
the assumption of affordable housing otherwise get and keep, even if it's
actively looking for.
§ 33d
An area with an increased incidence of socially undesirable phenomena
(1) the municipality in whose territory they are situated the places in which they are at an increased
rates of socially undesirable phenomena, it may ask the designated municipal
the authority in whose territorial jurisdiction the release measures found
of a general nature, which shall be designated as an area with an increased incidence of socially
undesirable effects (hereinafter referred to as "the measures of a general nature"). The application must
include:
and) identification of the places in which they are increasingly occurring in a socially
adverse events, and
(b)) in the preamble, in what is considered to be an increased incidence of socially undesirable
phenomena; for the socially undesirable phenomena, in particular, shall be considered violations of the
public policy, adverse repercussions on the children, the incidence of people under
the influence of substance abuse, etc.
(2) designated by the local authority on the basis of the requests referred to in paragraph 1,
draft measures of a general nature. Responsible for the municipal authority will discuss the proposal
measures of a general nature with the police of the Czech Republic, the measures to be
of a general nature issued due to the increased occurrence of disturbing the public
Okay, with the municipal authority municipality with extended powers as the authority
the socio-legal protection of children, is to be released from the measures of a general nature
because of the increased occurrence of adverse effects on children.
(3) objections to the draft of the measures of a general nature may be made only
the owners of the real estate, which are situated in the area described in the draft
measures of a general nature.
(4) if he does not find an authorized Municipal Office on the basis of its assessment, with the
taking into account the results of the consultation with local authorities, delivered
comments and objections that in places referred to in the draft measure
of a general nature increasingly socially undesirable phenomena do not occur, it shall issue
measures of a general nature.
(5) the Designated Municipal Office cancels the measures of a general nature, if so requested by the
the village, which had submitted a request for his extradition.
(6) the request referred to in paragraphs 1 and 5, serves the village in a separate scope. ".
10. In paragraph 34 (a). (b)), after the words "associated with the use of the apartment"
the words "up to an amount which is in place of the usual".
11. In paragraph 34 (a). (d)), the number "90" is replaced by "80".
12. section 35a including title:
"section 35a
Interaction of the regional branch office, work, community and authorized
the municipal office or the Office of the újezdního
(1) evaluates the regional branch office, work in the context of assessing whether
This is a case worthy of special consideration, in accordance with § 33 para. 6 sentence
the first or the second, or according to § 33a paragraph 1. 5, request the responsible for municipal office
or the competent authority, the district according to the location of the actual person,
where appropriate, the persons assessed together, about the information through
The single information system of labour and Social Affairs ^ 66). The content of the
the information referred to in the first sentence are the data needed to evaluate the
the conditions pursuant to § 33 c of paragraph 1. 1, that he knows the designated municipal office or
municipal authority of its official activities. The Office referred to in the first sentence
the Regional Branch Office will provide the information without delay, work
not later than 20 calendar days from the date of receipt of the request.
(2) the fact that the person who use other than residential or
the accommodation was granted the housing supplement or supplement
housing has not been granted, shall inform the regional branch office of the work without
undue delay, but not later than 20 calendar days,
the local authority or municipal authority competent according to the place of actual residence
This person with the initiation of social work in order to tackle housing
the situation of this person.
(3) regional branch of the Labour Office will provide the municipality on the basis of its application
information on the number of persons to whom it is provided on the housing supplement
its territory according to the sites listed in the application. ".
13. In article 42, paragraph 3 reads:
"(3) the housing supplement is granted in the form of money. A supplement to the
housing or its part can be used without the consent of the recipient to the direct payment
the cost of living, and so that the payer of a supplement to points
the lessor or to provide services or providers of energy. In
If the owner of the unit as the service provider does not
owners associations advance for services associated with the use
the apartment and the contribution to fund repairs, shall be deemed for the purposes of this Act, for the
service provider tenants condominiums. ".
14. in § 43 para. 5 letter a) is added:
"and living allowance) may specify the Bill-to customer benefit by at least 35%
and not more than 65% of the benefits afforded by the use of vouchers will be provided
qualifying to purchase goods within the prescribed value. Recipients of the benefits that
is receiving benefit for more than 6 months in the last 12 months, the dose
paid so that not less than 35% and not more than 65% of the levy will be paid by
order qualifying to purchase merchandise at a defined. ".
15. In § 61 para. 1 letter h) is added:
"h) informs in accordance with § 35 para. 2 responsible for municipal office or district
the authority, ".
16. in section 61 is at the end of paragraph 1, the following point (i)), which read as follows:
"i served in the designated municipality) or újezdnímu, the competent authority
According to the place of the real person, where appropriate, jointly assessed
people, the request for information under section 35a of the paragraph. 1. ".
17. in § 63 para. 2, after the word "investigation" the words ", where appropriate,
the investigation at the site, ".
Article II
Transitional provisions
1. the right to repeated assistance in material need benefit conferred by the
Act No. 111/2006 Coll., in the version in force before the date of entry into force of
This Act, extinguished the effective date of this Act; authority
assistance in material need not later than 6 calendar months from the date of
entry into force of this Act shall reassess the entitlement to repeating the dose
assistance in material need pursuant to Act No. 111/2006 Coll., in the version in force
from the date of entry into force of this Act, with the exception of the condition
According to § 33 para. 9 the first sentence.
2. proceedings on assistance in material need and finally
the unfinished before the date of entry into force of this law shall be completed in accordance with
Act No. 111/2006 Coll., in the version in force from the date of entry into force of
of this Act.
PART TWO
Amendment of the Act on State social support
Article. (III)
In § 59 of Act No. 117/1995 Coll., on State social assistance, 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 is added:
"(7) housing allowance or part thereof can be used without the consent of the
recipient for direct payment on housing, so that the payer
post it notes the landlord or service provider, or
energy provider. In the event that the owner of the unit as
the service provider has failed to make a deposit for condominiums
services associated with the use of the apartment and the contribution to the Fund of the correction, the
for the purposes of this Act, a service provider to the lessee of the community
unit owners. ".
PART THREE
The EFFECTIVENESS of the
Article IV
This Act shall take effect on the first day of the second calendar month
following its publication, with the exception of the provisions of article. I, section 13 and
article. (III), which enter into force on the fifteenth day following its publication in the
the law.
Hamáček in r.
Zeman in r.
Sobotka in r.
