132/1997.
LAW
of 11 December. June 1997
social contribution to offset increases in rent and amending Act No.
117/1995 Coll., on State social assistance, as amended by law No. 137/1996
SB.
Change: 242/1997.
Parliament has passed the following Act of the Czech Republic:
§ 1
Social contribution to offset increases in rent
To mitigate the social consequences of the increase of the rent of the apartment ^ 1) provides
the State as a special social benefit social contribution to offset
rent increase (hereinafter "post").
The conditions for entitlement to the allowance
§ 2
(1) the entitlement to the allowance has a natural person (hereinafter referred to as the "person"), which uses the
flat ^ 2) on the basis of a lease contract, ^ 3) is reported to be in this apartment
permanent residence ^ 4) and is obliged to pay the rent, which is referred to in
a special regulation concerning the rent of the apartment ^ 5) manipulated by the maxima. ^ 6)
The condition of the use of the apartment, on the basis of a lease contract shall be deemed to
be fulfilled even if there has been a demise of the rental relationship ^ 7)
by the decision of the Court, which dwelt upon the lease of the apartment, for reasons which
the tenant himself of his own, and on the basis of the decision of the Court in the apartment to continue
He lives.
(2) a condition of entitlement to the allowance is that
and there was the apartment) referred to in paragraph 1 to increase the basic
rent ^ 8) against the amount valid on the date 1. June preceding the
the date on which it was increased basic rent, ^ 8)
(b)) the decisive family income (section 3) is less than the amount the product of the
the minimum family and the coefficient of 1.60,
(c)) the authorized person in the relevant period (section 3 (2)), duly paid
rent and services provided in connection with the use of the apartment referred to in
paragraph 1; the services provided in connection with the use of the apartment with the
means the services referred to in the specific regulation for the rental of the apartment, ^ 9)
(d)) the authorized person and the other person together with her investigation (section 4) are on the
the territory of the Czech Republic reported to the permanent or long-term residence under
Special regulations, ^ 10)
(e)) and the authorized person person with it considered could be written
consent to State authorities, employers, and other legal and
individuals communicate to the competent authority, which shall decide on the contribution
or to be paid, the amount of the income of such persons and information about logging on to
permanent residence. ^ 4)
(3) the Post belongs in the calendar month only once. If it satisfies the
the conditions for entitlement to the allowance in the same apartment, more people belong to the post
only once, and that the person designated on the basis of the agreement of such persons.
Unless these persons shall be determined by the District Office on the contribution
decide which of these persons to the post.
§ 3
(1) the Income decisive for the granting of the allowance is calculated as the monthly
the average income of a family fall on the vesting period (hereinafter referred to as
"the decisive income").
(2) the applicable period for which identifies the decisive income of the period
the calendar quarter of the preceding calendar quarter for which
the entitlement to the allowance applies or to which falls within the calendar month
(two calendar months), claims to be entitled to this allowance
a shorter period of time.
(3) for the purposes of determining the income of the applicable income considered
and) revenue referred to in section 5 (3). 1, 2, 4 to 6 of the Act No. 117/1995 Coll., on
State social assistance, as amended by law No. 137/1996 Coll. and Act No.
242/1997 Coll. (hereinafter referred to as the "law on State social support"), and
(b)) child benefit, parental allowance and provident post
provided under the Act on State social support.
§ 4
(1) A family for the purposes of this Act, the person shall be considered and
persons together with her investigation. Together they are under consideration by the persons
persons that are reported, together with a qualified person in the apartment provided for in §
2 (2). 1 permanent residence. ^ 4)
(2) to the person who is in custody or imprisonment,
taken into account as to the person to the extent considered together and under the conditions
referred to in section 7 (2). 8 of the Act on State social support.
(3) the District Office may, when deciding on the allowance in cases where
some of the persons evaluated jointly, over the long term and the proven flat
not used, decide that, in the assessment of entitlement to the allowance and the
the amount of disregarded, even if it is in the apartment reported permanent residence. ^ 4)
§ 5
(1) For entitlement to the allowance or the amount of the amount
and subsistence)
(b)) necessary for ensuring the necessary costs of the household (hereinafter referred to as
"the amount of the cost of the household")
means the amount determined by the Act on the minimum. ^ 11) depend
determination of amounts referred to in the first sentence on the number of persons, taking into account the persons
relationships referred to in section 4.
(2) the Age of the child under the law decisive about the minimum for the establishment
the amounts referred to in paragraph 1, which is the age of the child reaches in the calendar
the month for which the post belongs to.
(3) For entitlement to the allowance for a calendar month are applicable amount
income families valid on the first day of this calendar
of the month.
§ 6
The time at which the post admits
(1) the Allowance is granted
and the calendar quarter) for the period following the calendar
quarter, which detects the decisive income conditions are met
entitlement to the allowance on the first day of that period, or
(b)) in the periods calendar quarter referred to in point (a)) for the period
shorter, if the conditions are right to post just after this shorter
period of time; the post, meanwhile, admits always on at least one
calendar month, even when the conditions for entitlement to the allowance are
met just after the part this month.
(2) the Post belongs to when conditions until 31 December 2004. December 2000.
section 7 of the
The amount of the contribution
(1) the amount of the contribution is for the calendar month of the product of the basic amount
the contribution and the growth coefficient of the rent according to the size of the municipality.
(2) the basic amount of the allowance shall be determined as the difference between the amount the product of the
the cost of a household and the calculated coefficient and the proportion in which the
the numerator is the product of the amount of the cost of a household, the calculated coefficient
and applicable income in the family and in the denominator is the product of the amount
income of the family and of the coefficient of 1.60.
(3) For the determination of the basic amount of the contribution referred to in paragraph 2 is determined
the amount of the subsistence of the family to be valid to the first day of the calendar
the month for which the amount of the contribution, and the amount of the cost of
household valid always on 1 January. July 1997, 1. July 1998, 1.
July 1999 and 1. July 2000.
(4) the calculation factor for determining the basic amount of the contribution referred to in
paragraph 2, for entitlement to the allowance in the period
and) from 1. to 30 July 1997. June 1998 is 0.60,
(b)), from 1. July 1998 to 30. June 1999 is 0.40,
(c)), from 1. July 1999 to 31 December 2001. December 2000 is 0.30.
(5) the growth Coefficient of the rent according to the size of the municipality is
and for the threshold, 1.80)
(b)) for municipalities with a population of 100 000 inhabitants 1.00,
(c)) for the other village of 0.50.
(6) the Government may, for the period after 30 June. June 1998 by regulation modify
growth factor of the rent according to the size of the municipality, there has been a change to the
the maximum prices for basic monthly rent ^ 12) depending on the
the size of the municipality, or depending on the adjustment of the rate of inflation. ^ 13)
(7) If a contribution calculated in accordance with the previous paragraphs is higher than
the difference between the basic rent ^ 8) on the first day of the calendar month and
the basic rent will be valid on 1 January 2002. June preceding the date from
which has increased basic rent, belongs to the post only in the amount of
This difference.
(8) If the decisive income of the family, which is based in the determination
the share referred to in paragraph 2 is less than the subsistence minimum of family,
counted for determining the amount of the contribution as a decisive family income
the amount corresponding to the minimum life of this family.
(9) where the amount does not exceed the contribution referred to in the previous paragraphs, the amount of the 50
$ 30 per calendar month, increases on this amount.
§ 8
Payment of the allowance
(1) the allowance shall be paid monthly, and that after the expiry of a calendar month,
for that, no later than the end of the calendar month
the following month, for which it belongs.
(2) the contribution shall be paid to District Office which is competent to decide on the
contribution (section 11).
§ 9
Entitled to the allowance and the payment of
(1) the entitlement to the allowance shall cease on the date on which the person ceased to be a
the tenant of the apartment, or which have ceased to be satisfied the conditions for entitlement to the
post.
(2) the entitlement to the allowance shall cease on the expiry of one year from the last day
the calendar month for which the post belongs, unless stated
otherwise.
(3) entitlement to a refund or reimbursement of amounts paid unduly
or at higher levels than were due, shall cease on the expiry of one year from the
date on which the contribution was paid.
(4) the contribution cannot be considered before 1. January 2001 not to admit the claim
applied to the post before the 1. April 2001.
§ 10
The obligations of the State authorities, employers and other persons
(1) the State authorities, employers, and other legal and natural persons
are required if the condition referred to in section 2 (2). 2 (a). (d)), the
call the appropriate District Office, who shall decide on the contribution, or
the applicant's request for a contribution to communicate free of charge according to the applicable data
This Act for entitlement to the allowance, the amount or payment.
(2) the lessor of the apartment is obliged to issue free of charge to the applicant for the post
a written confirmation that the tenant of the apartment is the payer of the rent referred to
in section 2 (2). 1, the amount of the basic rent ^ 8) and his change against his
the rate in force on 1 January 2002. June preceding the date from which it was
increased the rent, and the date of the changes and whether the tenant of the apartment in the
relevant period, duly paid the rent and services provided in
associated with the use of the flat [§ 2, paragraph 2 (b), (c))].
§ 11
Decision on the contribution of
(1) on the contribution of the district authorities to decide.
(2) the local jurisdiction District Office shall be the place where the beneficiary is
the person reported to the permanent residence.
§ 12
Initiation of proceedings
(1) the procedure for the granting of the allowance shall be initiated upon a written application
authorised persons the competent District Office on the form
prescribed by the Ministry of labour and Social Affairs.
(2) the procedure for change of the amount already awarded to the contribution or its withdrawal
or its payment is initiated upon the proposal of a competent person or
the initiative of the District Office.
section 13
Particulars of the application
(1) the request for assistance must contain
and) name, surname, address and social security number of an authorized person and persons with
it jointly assessed pursuant to section 4 and the place of permanent residence, to which the
the said persons are reported,
(b) the amount of the basic data) the rent applicable to a claim for contribution,
(c) the consent of the authorized person and) together with her examined persons according to § 2
paragraph. 2 (a). (e)),
(d)) to determine how the contribution is to be paid (section 58, paragraph 3
the Act on State social support),
e) confirmation of the amount of income (section 3) beneficiaries and persons, together with her
evaluated, that have been achieved in the relevant period,
(f) the landlord of the apartment) confirmation referred to in article 10,
(g)) the fact proving the nezaopatřenost of the child.
(2) If the landlord of the apartment refused to issue to the applicant a post confirmation
referred to in article 10, accompanied by an applicant for a post to the request referred to in
paragraph 1, the affidavit of the facts referred to in section 10, paragraph 1. 2 and
that the landlord of the apartment refused to issue this certificate.
§ 14
Final provision
(1) the decisive income for entitlement to the allowance payable at the time of the 1.
to 30 July 1997. September 1997 is determined under section 3 for the period from 1.
April 1997 to 30. June 1997.
(2) unless otherwise provided in this Act, the procedure shall, mutatis mutandis, in accordance with the law on the
State social support, according to the
and § 5 (3)). 7, with respect to the conversion of income from abroad to the Czech currency,
(b)) § 51 paragraph. 3, as regards the determination of the amount of the contribution for part calendar
of the month
(c) section 49, 52), § 53 paragraph. 1 and 2, § 54 paragraph. 2 the second sentence and paragraph. 4, § 55
and 56, if the change to the entitlement to the allowance, its emergence and extinction, change
the amount of the claim, and the transition to the post,
(d) section 57 paragraph). 1 the second and third sentence and paragraph. 4, § 58 paragraph. 3, § 59 and 60,
If the payment of the allowance,
(e) section, paragraph 61). 1 and 2, section 62, paragraph. 1 the first sentence and paragraph. 2, if the
the obligations of the beneficiaries and for the return of the contribution as a result of
a false statutory declaration (section 13 (2)),
(f) section, paragraph 63). 3, section 64 and 65, with respect to the obligations arising from the
the granting of compensation and its control
(g) section, paragraph 68). 3, 4, 6 and 7 and § 68a, if the facts,
(h)) § 69 to 73, with respect to the management of the contribution.
(3) the Tasks related to the implementation of this law shall be exempt from
judicial and administrative ^ 14) ^ 15) fees.
§ 15
Amendment of the Act No. 117/1995 Coll., on State social assistance, as amended by
Law No. 137/1996 Coll.
In Act No. 117/1995 Coll., on State social assistance, as amended by Act No.
137/1996 Coll., deleted in the third head of the second part of the second, and at the same time
designation of part the first, § 26, § 53 paragraph. 3 and section 57 paragraph. 3. the amount of the
social and housing allowance for the period from 1. April 1996
to the effective date of the Act is nezúčtovávají.
section 16 of the
The effectiveness of the
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Zeman in r.
Havel in r.
Klaus r.
1) section 696 of the civil code.
2 § 2 (b)). (b)) of the Act No. 72/1994 Coll., to regulate certain
co-ownership to the buildings and some of the ownership to the flats and
non-residential spaces, and complement some of the laws (law on ownership
apartments).
3) section 685 paragraph. 1 and 3 of the civil code.
4) § 4 of law No. 135/1982 Coll. on reporting and registration of residence of citizens.
5) Ministry of finance Decree No. 176/1993 Coll., on rent from the apartment and
payment for the implementation provided with the use of the apartment, as amended
regulations.
6) section 5 of the Decree of the Ministry of Finance No. 176/1993 Coll.
7 Section 710 of the Civil Code).
8) § 5, 5a and section 8 to 10 Finance Ministry no 176/1993 Coll.
in the wording of later regulations.
section 11, paragraph 9). 1 Decree of Ministry of Finance No. 176/1993 Coll.
10) section 4 of the law No. 135/1982 Coll., section 6, 7 and § 19 paragraph. 3 of Act No. 123/1992
Coll. on the stay of foreigners on the territory of the Czech and Slovak Federal Republic,
as amended by Act No 150/1996 Coll.
11) Law No. 463/1991 Coll., on the minimum, as amended
regulations.
12) § 5a of Decree of the Ministry of Finance No. 176/1993 Coll., as amended by
amended.
§ 5a, paragraph 13). 4 the Ministry of finance Decree No. 176/1993 Coll., on the
the texts of Decree No. 30/1995 Sb.
14 the law of the CZECH NATIONAL COUNCIL) No. 549/1991 Coll., on court fees, as
amended.
the CZECH NATIONAL COUNCIL Act No. 15) 368/1992 Coll., on administrative fees, as amended by
amended.
