About Life And The Subsistence Minimum

Original Language Title: o životním a existenčním minimu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62336&nr=110~2F2006~20Sb.&ft=txt

110/2006 Sb.



LAW



of 14 July 1999. March 2006



about life and the subsistence minimum



Change: 261/2007 Coll.



Change: 239/2008.



Change: 261/2007 Coll. (part), 129/2008 Sb.



Change: 306/2008 Sb.



Change: 85/2010 Sb.



Change: 73/2011 Sb.



Change: 329/2007 Coll., 366/2006, 409/2011 Sb.



Change: 399/2012 Coll. 401/Sb.



Change: 44/Sb.



Change: 458/2007 Coll., 105/2013 Coll. 303/2013 Coll. 344/Sb.



Change: 252/2014 Coll. (part)



Change: 218/2007 Coll., 252/2014 Sb.



Change: 332/2014 Sb.



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



(1) this Act provides the minimum as the minimum threshold

cash income (hereinafter referred to as "income") of natural persons (hereinafter referred to as "the person")

to cover maintenance and other basic personal needs and existential

a minimum income of persons as a minimum threshold, which is deemed to

necessary to cover maintenance and other basic personal needs on

the level of survival.



(2) this Act also governs the assessment of whether income people

reach the amounts of income or subsistence.



(3) the minimum subsistence figure nor the minimum subsistence rate does not include the necessary costs

on housing; the provision of assistance to ensure the reimbursement of the necessary costs of

Housing provides for the specific legislation ^ 1)



§ 2



Living wage individuals



The amount of the subsistence level of an individual month 3 410 Kč. For

an individual for the purposes of this Act, a person who is not a

considered together with the other persons referred to in paragraph 4.



The minimum jointly assessed persons



§ 3



(1) where a person is assessed for the purposes of this Act, together with other

persons (§ 4), minimum subsistence income are scaled according to the order

persons. The order of the persons assessed shall be set so that the first assessed

people who are dependent children, and then the person you are

dependent children. Within each of these groups of persons assessed

with the order determined by the age, from oldest to youngest person. The age of the

person applicable to the determination of the amounts of the minimum age, which

person reaches in a calendar month, for which the minimum

examined.



(2) the amount of the subsistence level of the person who is assessed as the first in the

the order makes a month 3 140 CZK.



(3) the amount of the subsistence level of the person who is assessed as the second or

next in the order month



and $ 2 830 persons) from the age of 15, who is not a dependent child,



(b) 2 450 Czk for) dependent child between 15 and 26 years of age,



(c)) of the 2 140 dependent child from 6 to 15 years of age,



(d) Eur 1 740 u) dependent child up to 6 years of age.



(4) the subsistence of persons for the purposes of this Act, shall be considered

together, the sum of the amounts of the minimum of all of these

persons.



(5) the Nezaopatřenost of the child for the purposes of this Act, shall be assessed in accordance with

the Act on State social support. ^ 2)



§ 4



(1) for the purposes of this Act, unless the context otherwise requires,

assess the



and parents and minors) dependent children,



(b)) spouses or partners under a special legal regulation ^ 2a); for

partner for the purposes of this Act, be deemed to include the partner with whom

citizen of a Member State of the European Union has entered into a registered partnership, on the

the basis of the legislation of another Member State of the European Union

These laws govern the mutual obligation between

partners,



c) parents and



1. minor children that are not dependent



2. adult children if those children with parents taking the apartment and are not

considered together with the other persons referred to in subparagraph (b)), or (d)),



(d)) of another person, which together are taking the apartment, with the exception of persons who

prove that they do not live together permanently, and together the cost of its free

necessary ^ 3)



(2) a dwelling for the purposes of this Act, a set of rooms or

a separate living room that its construction and technical arrangement

and equipment comply with the requirements for permanent housing and are available for this purpose

use determined by the building Act or are approved as a flat.



(3) If a minor dependent child was entrusted to the care of one of the

the parents on the basis of the decision of the competent authority, to assess jointly

with the other parent, unless otherwise provided by this Act. In the case of entrusting

a child in common, or alternate care parents the child shall examine together

with the parent, which is to be considered under the corresponding declaration

parents. Parents may change this statement soon after

the calendar month. Together with dependent child shall be assessed for

the purpose of this Act is always the parent who declares for the purposes of the Special

^ 4) legislation that permanently living together and sharing costs together

on your needs ^ 3).



(4) parents shall be deemed for the purposes of this Act whether or not the person was

a minor dependent child entrusted to substitute parental care on

the basis of the decision of the competent authority; in this case, the child is not present

read together with their parent. For the decision of the competent authority of the

child custody replacing parental care, for the purposes of this

the law considers the decision of the Court of



and) the custody of any other person ^ 5),



(b) the adoption of a child) ^ 6)



(c) the delivery of the child to the care of) the prospective adoptive parent ^ 7),



(d) the delivery of the child to the adoptive parents) care before adoption ^ 8),



(e) appointment of a guardian of natural persons) of the child ^ 9),



f) entrusting the child in foster care and to foster care for a transitional

time ^ 10),



g) conferral of a child in foster care, those interested in předpěstounské

care ^ 11),



(h) the interim measure) child care.



(5) a dependent child shall not be examined together with the parents, if it is on

the basis of the decision of the competent authority in its direct provision of the Institute

(device) for the care of children or young people. For full direct provision is

considers that the provision in the Constitution (device) for the care of children or youth,

provides this Institute (device) children meals, accommodation and

clothing.



(6) if the person taking the apartment, which can be jointly assessed in the

under two or more headings, the persons assessed together, takes precedence

a common assessment of the parents and dependent children; in other cases, the

the track is jointly assessed persons determined by their corresponding

statement. Lone parent together, taking an apartment with their parents is

However, assessed with the child with parents.



(7) the persons referred to in paragraph 1 under consideration are (i) the person to whom

temporarily, for reasons of continuous preparation for future occupations,

health or work, as well as because of the fixed performance

voluntary service, staying outside of the apartment, which they use to live.



(8) a person who is in custody, in the performance of the protective measures

the security of the detention or imprisonment,

not considered a person being examined together, starting with the first day of the

of the calendar month following the calendar month in which this

said event occurred, provided that the said fact to this day

still persists; This does not apply in the case of a joint assessment of the mothers with children,

that they have in their personal care at the time of detention or prison sentence

freedom.



§ 5



The breadline



(1) the amount of the subsistence minimum is 2 200 Czk per month person.



(2) the minimum subsistence rate cannot be used for dependent child,

the beneficiaries of the retirement pension, persons disabled in the third degree and

persons aged 68 years.



Income assessment



§ 6



(1) For the assessment of whether a person's income reaches the amount of

the minimum or the subsistence minimum, the sum is compared to its

pensionable service with the subsistence minimum income or subsistence

minimum. However, if a person examined under this act together,

compared with the total of the eligible income all together assessed

people with the sum of the amounts of the minimum subsistence persons assessed.



(2) unless otherwise provided by special laws, revenue is collected

the persons assessed paid in a calendar month that precedes the

the calendar month in which to assess if the income people achieve

the amounts of income or subsistence.



§ 7



(1) for the eligible income for the purposes of this Act shall be deemed to



and income from employment) referred to in the Act on income taxes ^ 12)



(b) income from the separate activities) referred to in the law on taxes

revenue ^ 14)



c) revenue from capital referred to in the law on taxes

^ 15) income, except where the performance of the statutory insurance,



(d) the revenue from the lease by) of the law on income tax, ^ 16),



e) other revenue referred to in the Act on income taxes, which

to improve the asset ^ 17),



after deducting the expenses incurred for their attainment, safeguarding and

keep, after deduction of income tax and pension savings,

social security and public health

insurance if the insured has not been included in these expenses; revenue from the

the business, however, with the person who is the taxpayer income tax

provided for lump sum payments under the Act on income taxes ^ 18),


the estimated revenue and expenditure incurred on their achievement,

securing and maintaining the projected expenditure, on the basis of

fixed tax on lump sum payments.



(2) the eligible income for the purposes of this Act, shall be considered as further



and sickness insurance) benefits (care) and pension insurance and benefits

accident insurance, with the exception of anguished, contribution for making it

social application, reimbursement of the costs associated with treatment and compensation

the costs associated with a funeral,



b) unemployment benefits and retraining support ^ 20),



c) indemnity for the survival of a certain age,



d) alimony and maintenance divorced spouse and unmarried

his mother, with the exception of those referred to the receipts that have been paid out of income

the person who for the purposes of determining the eligible income considered

the assessed person together with a person who has adopted such income,



e) benefits of State social support benefits and foster care ^ 31), with

excluding the housing allowance and lump benefits



(f)) ^ 1 living allowance),



g) wage claims paid to the Employment Office of the Czech Republic-Czech

a branch or Office for the city of Prague under the law on

the protection of workers when the employer's insolvency and amending

Some laws ^ 20),



h) revenues that are subject to tax on the income of natural persons and are from

This tax exempt ^ 21), unless the revenue referred to in (a)) to

g) or in paragraph 5, with the exception of



1. income from employment is exempt from personal income tax

people ^ 22), in addition to the revenue referred to in points (i), (j))) k) and (l)),



2. received compensation, compensation for non-material, indemnity

the property, úmrtného and contribution to the funeral in accordance with special laws,

the regulations, in respect of liability insurance and financial

funds to eliminate the consequences of natural disaster,



3. cash assistance to victims of crime,



4. the social assistance provided by the employer,



5. support and contributions from the Foundation and resources of the Association,



6. the revenues accruing from the balance due on housing and emergency assistance

According to the law on assistance in material need ^ 22a),



7. income due to the close care or another person who has

entitlement to care allowance under the Act on social services ^ 22b),

If this care exercised by a natural person belonging to the circuit together

the persons assessed pursuant to section 4,



8. scholarships,



9. income in the form of efficiently, economically and demonstrably

incurred expenses associated with the donation and collection of blood and its

folders, tissues, cells or organs, if this remedy is provided under

other legislation



10. refunds (contributions) subsistence expenses granted by the institutions of the European

Union employees (national experts) seconded to the action of the institutions

The European Union,



11. income in the form of a tax bonus,



and after deduction of the costs incurred to achieve them,

ensure and maintain that for this purpose by the mutatis mutandis

such expenditure for the determination of the tax base under the Tax Act

revenue ^ 23),



I) extra charge or surcharge for service abroad provided by the

According to the specific legislation of the soldiers and members of the

security forces ^ 24) posted within the unit multinational forces

or international security forces outside the territory of the Czech Republic

time abroad, and after deduction of expenses incurred

to achieve it, ensure and maintain that for this purpose by the

as such expenses for the determination of the tax base under the law on

income taxes ^ 23),



j) income in the form of wages, salary or remuneration or

the reduced salary or reduced for the period of temporary work

incapacity or quarantine under special legislation, and ^ 24a)

after deduction of the costs incurred to achieve it, reinsurance and

retention, which for this purpose shall establish, by analogy, as such expenditures for

the determination of the tax base under the Act on income taxes ^ 23),



revenue for work) and students from the on-the-job training and practical

the preparation,



l) income from dependent activities carried out in the territory of the Czech Republic,

accruing to the taxpayers of income tax of physical persons, who are tax

non-residents from employers headquartered or domiciled abroad,

under the Act on income taxes,



m) other recurring or regular income.



(3) the income is income from abroad shall be considered as similar income

referred to in paragraphs 1 and 2 in the amount in which they are paid, where appropriate,

After the deduction of costs, taxes, insurance premiums, and of the contribution referred to in paragraphs

1 and 2.



(4) if the income referred to in paragraphs 1 and 2 is paid in foreign currency,

translated into Czech currency according to the exchange rate announced by the Czech

National Bank applicable on the first day of the period for which is determined

income, unless stipulated otherwise. For the conversion of currencies for which the United

the National Bank issues regarding the appropriate rate, the rate of this currency

typically used by banks in the Czech Republic on the first day of the period for

that is determined by income. If the income is paid in foreign currency, subject to

income tax under the Act on income taxes, translated into Czech

the currency in a manner applicable to income tax purposes, and, in cases where it is

period for which the income checks per calendar year.



(5) for the receipt does not constitute a care allowance ^ 25), part of the contribution to the

cover the child's needs belonging due to dependence on help

natural person in stage I to IV ^ 26), mobility allowance ^ 27),

contribution to special aid ^ 27), income from the sale of immovable property and from

severance pay for an apartment that was used to cover the costs of meeting the

residential needs and the specific contribution to income pursuant to specific legal

^ 28) legislation. For receiving further does not consider the income arising from the title

fair compensation granted to the European Court of human

the rights of which the Czech Republic is obliged to pay, or

settlement of the matter before the European Court of human rights on the basis of

settlement or a unilateral declaration by the Government of the United

Republic undertook to reimburse ^ 28a). For receiving further also does not consider the

income by way of compensation accorded to the international criminal

the Court, the International Criminal Tribunal, or the like

international judicial body that meet at least one of the conditions

referred to in § 145 paragraph. 1 of the law on international judicial cooperation in

criminal matters.



§ 8



The way of offsetting income from independent activity



(1) the pensionable income per calendar month, with the person who has

or should the revenue referred to in § 7 para. 1 (b). (b)), the



and the corresponding quotients) the amount of such income for the period

referred to in the tax return for the previous tax period including

calendar month, in which at least part of the month exercised

the activity from which the person was the revenue referred to in § 7 para. 1 (b). (c)),



(b) the amount equal to one twelfth of the) the income of the taxpayer, the income tax

natural persons, provided for lump sum payments under the Tax Act

^ 18) income,



If it is not stipulated otherwise.



(2) the pensionable income of the person referred to in paragraph 1 shall be regarded as being

at least the amount in the amount of 50% of the monthly average wage in the national

economy for the previous calendar year with the fact that this amount is

rounded up to full hundred crowns down and announces it to the Ministry of labour and

Social Affairs, based on data from the Czech Statistical Office communication

published in collection of laws. This amount is considered to be the minimum

income of a person referred to in paragraph 1 from 1. July, year in which the

There was an announcement of the average wage in the national economy for the previous

calendar year to 30. June of the following calendar year. The amount of the

referred to in the first sentence shall not apply if the person exercising the

gainful activity that is deemed under the law on pension

insurance for self-employed ^ 29), or a person

whose activity is not considered under the Act on pension insurance for

activities of self-employed persons because this activity

does not consistently ^ 30).



(3) for the self-employed, which does not have income from a separate

gainful employment, but did not interrupt the performance of this business or this

the activity has not been suspended, shall be responsible for receiving considers the amount referred to in

paragraph 2; This does not apply if the person engaged in an activity which is

under the law on pension insurance for a separate

gainful activity ^ 29), or a person whose activity is not considered by the

Act on pension insurance for self-employed persons

active, therefore, that this activity does not consistently ^ 30).



(4) a person who has or had the revenue referred to in § 7 para. 1 (b). (b)), and

for the previous tax year did not return to income tax and which


It is not a taxpayer income tax provided for a lump sum, based on the

These receipts for the tax year preceding such period. In

If the person in the preceding tax year

business or other gainful activity yet

It did not, it is at least half of the amount referred to in paragraph

2. for persons not covered by the lowest pensionable income under

paragraph 2 is based on half the amount referred to in paragraph 2 to the

end of the calendar month in which the tax return, or shall itself

Specifies the amount of the income, if it is not required to file a tax return.



§ 9



The increase in the amounts of the subsistence minimum and



(1) the subsistence minimum set out in § 2 and § 3 (1). 2 and 3, and the amount

the subsistence minimum set out in § 5 para. 1, the Government may increase

Regulation in a regular term from 1. January, based on the actual

the growth of the cost of maintenance and other basic personal needs

expressed growth of the consumer price index for the respective

households (hereinafter referred to as "the consumer price index") in

provided for the relevant period, provided that the relevant index

consumer prices will rise from the beginning of the relevant period at least 5

%.



(2) the Government may by regulation the minimum subsistence income provided for in § 2 and § 3

paragraph. 2 and 3, and the amount of the subsistence minimum set out in § 5 para. 1

increase also in an extraordinary time.



(3) the vesting period referred to in paragraph 1 shall be determined by the first month

This period is the calendar month following the last month of the

preceding the vesting period when the last increase in the amounts of the

the minimum and the subsistence minimum and the last month of the vesting period for the

the increase in the amounts of the subsistence minimum and the subsistence minimum in the regular

the deadline is September of the calendar year preceding the calendar year,

in which increasing amounts of minimum and subsistence

minima; in the case where there was an increase of the subsistence minimum and

lows in an extraordinary time, is the first month of this period calendar

the month following the last month of the applied extraordinary increase.



(4) the growth of the relevant consumer price index is determined from the information

The Czech Statistical Office.



§ 10



Transitional provision



For the purposes of the first increase in the amounts of the subsistence minimum and the subsistence minimum

under this Act, the first month of the vesting period is October 2006.



§ 11



Regulation (EEC)



Shall be repealed:



1. Act No. 463/1991 Coll., on the minimum.



2. Government Regulation No. 249/1994 Coll., which increases the amount of

the minimum dose, and foster care.



3. Government Regulation No. 283/1995 Coll., which increases the amount of

minimum.



4. Government Regulation No. 221/1996 Coll., which increases the amount of

minimum.



5. Government Regulation No. 123/1997 Coll., which increases the amount of

minimum.



6. Government Regulation No. 42/1998 Coll., which increases the amount of

minimum.



7. Decree-Law No 56/2000 Coll., which increases the amount of

minimum.



8. Government Regulation No. 333/2001 Coll., which increases the amount of

minimum.



9. Government Regulation No. 656/2004 Coll., which increases the amount of

minimum.



10. Government Regulation No. 505/2005 Coll., on the increase of the amounts of the subsistence minimum.



§ 12



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1, 2007.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



1) Law No 111/2006 Coll. on assistance in material need.



Act No. 117/1995 Coll., on State social assistance, as amended

regulations.



2) § 11 to 16 of Act No. 117/1995 Coll., as amended.



2A) Act No. 115/2006 Coll., on registered partnership and amending

some related laws, as amended.



3) section 115 of the civil code.



4) for example, § 35 c of Act No. 586/1992 Coll., on income taxes



5) of section 953 of the civil code.



6) § 796 of the civil code.



7) § 824 of the civil code.



8) § 826 BGB.



9) § 928 of the civil code.



10 § 958 of the Civil Code).



11) section 963 of the civil code.



12) § 6 para. 1 of Act No. 586/1992 Coll., as amended.



13) § 6 para. 10 of Act No. 586/1992 Coll., as amended.



14) § 7 para. 1 and 2 of Act No. 586/1992 Coll., as amended

regulations.



§ 8 paragraph 15). 1 (b). a) to (e)), and (b). g) and (h)) Act No. 586/1992 Coll.

as amended, unless the performance of the legal

insurance,



§ 9 para 16). 1 and 7 of Act No. 586/1992 Coll., as amended

regulations. § 10 para. 1 of Act No. 586/1992 Coll., as amended

regulations.



17) section 10 (1). 1 and § 10 (1). 9 (a). a) of Act No. 586/1992 Coll., on

as amended.



18) § 7a of Act No. 586/1992 Coll., as amended.



19) Act No. 435/2004 Coll., on employment, as amended

regulations.



20) Act No. 118/2000 Coll., on the protection of employees in the payment

the inability of the employer and on amendments to certain laws, as amended by

amended.



21) § 4 paragraph 2. 1 and § 6 para. 9 of Act No. 586/1992 Coll., as amended by

amended.



22) § 6 para. 9 of Act No. 586/1992 Coll., as amended.



22A) § 33 et seq.. and section 36 et seq. Act No. 111/2006 Coll., as amended by

Act No. 261/2007 Coll.



22B), article 7 of Act No. 108/2006 Coll., on social services.



23) section 5 of the Act No. 586/1992 Coll., as amended.



24) for example, § 11 (1) 3 of Act No. 143/1992 Coll., on salary and remuneration for

stand-by duty in budgetary and certain other organizations and

bodies, as amended, section 119 of the Act No. 361/2003 Coll.

the staff members of security forces, as amended

regulations.



for example, section 24A) 192-194 of the labour code, § 34 paragraph 1. 4 of law No.

237/1995 Coll., on salary and other terms associated with the performance of

the functions of the representatives of State power and some State authorities and judges and

members of the European Parliament, as amended, section 73

paragraph. 4 Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended, § 48 para. 3 of Act No. 129/2000 Coll., on regions

(regional establishment), as amended, § 53 para. 4 of law No.

131/2000 Coll., on the capital city of Prague, as subsequently amended.



25) section 11 of Act No. 108/2006 Coll., on social services.



26) section 47f para. 3 and 4 of Act No. 359/1999 Coll.



27) Law No 329/2007 Coll. on the provision of benefits for disabled

disabilities and amending related laws.



28) part of the first head of the second Act No. 357/2005 Coll., on the evaluation of the participants

the national struggle for the liberation of Czechoslovakia and the formation and some

survivors after them, for a special contribution to the income of any person,

a one off cash amount to some participants in the national struggle for

exemption from 1939 to 1945 and on amendment to certain laws.



Article 28A). 37 para. 1 and article. 39 and 41 of the Convention on the protection of human rights and

fundamental freedoms, published under no. 209/1992 Coll., as amended by the Protocol

No. 11 to the Convention for the protection of human rights and fundamental freedoms, which

change control mechanism in it established, published under no. 243/1998

SB.



29) § 9 para. 6 Act No 155/1995 Coll., on pension insurance, in

as amended.



30) § 9 para. 3 (b). (d)), and (f)) of Act No. 155/1995 Coll., as amended by

amended.



31) section 47e et seq.. Act No. 359/1999 Coll.