124/2005 Coll.



LAW



of 22 March. February 2005,



amending Act No. 117/1995 Coll., on State social support, in

as amended, Act No. 482/1991 Coll., on social

the need, in the wording of later regulations, and Act No. 235/2004 Coll., on

value added tax, as amended, and Act No.

40/2004 Coll., on public procurement, as amended



Change: 138/2006 Sb.



Change: 112/2006 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on State social support



Article. (I)



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

137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.

91/1998 Coll., Act No. 158/1998 Coll., Act No. 360/1999 Coll., Act No.

118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.

492/2000 Coll., Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.

309/2002 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll., Act No.

362/2003 Coll., Act No. 424/2003 Coll., Act No. 438/2003 Coll., Act No.

453/2003 Coll., Act No. 53/2004 Coll., Act No. 235/2004 Coll., Act No.

315/2004 Coll., Act No. 436/2004 Coll. and Act No. 562/2004 Coll., amended

as follows:



1. In section 3, paragraph 3. 1 the second sentence, after the words "with the exception of the applicant for the grant of

asylum ", the words" resident in the pobytovém Centre of the Ministry of

the Interior ".



2. In article 5 (3). 6, the words "referred to in paragraph 7 shall be replaced by

"corresponding to 25% of the average monthly wage in the national economy for the

calendar year preceding period from 1. July to 30. June

following the calendar year to which the decisive income checks;

for the determination of the amount of the average wage in the national economy is true

paragraph 7, second sentence apply mutatis mutandis ".



3. In section 5 (3). 7, after the words "the law", the words ", with the exception of

the persons who carry out an activity that is considered secondary

self-employed activity under a special legal regulation, ^ 38)

and with the exception of those whose activity is not under the Special

^ law 38) for the activities of self-employed persons

because this activity do not consistently, ".



4. In section 5 (3). 8 (a). (b)), the words "referred to in paragraph 7 shall be replaced by

the words "corresponding to one-twelfth of the annual income from a business and from

other self-employment income for the calendar year for which

figuring out the decisive income, or in the cases referred to in paragraph 6

the amount stated therein ".



Article II



The transitional provisions of the



The amount of benefits from the State social support, which belongs to the effective date of

This law, is to this day shall assess under article again. (I) this Act,

If the person entitled has, within 3 calendar months following the date of

the effectiveness of this law demonstrates that its income from a business or from other

self-employment income of such persons and, together with her

assessed, which was taken into account when deciding on dose, are

the income of persons who perform an activity that is deemed under the law on

pension insurance for self-employed activities, or

as for the income of persons, whose activity is not in accordance with the law on the

pension insurance for the activities of self-employed persons

because this activity carried out consistently.



PART THE SECOND



cancelled



Article. (III)



cancelled



Article IV



The transitional provisions of the



Claims of conditional social the social need for the effective date of this law

examine again, if the persons to whom such claims belong to 3

calendar months following the effective date of this law

demonstrate that their income from a business or self-employed

activities and such income of the persons evaluated jointly with them, to which it was

in the assessment of the claim of conditional social social need taken into account are

the income of persons who perform an activity that is considered secondary

self-employment pursuant to the Act on pension insurance,

or the income of persons, whose activity is not in accordance with the law on the

pension insurance for the activities of self-employed persons

because this activity do not consistently.



PART THE THIRD



The amendment to the law on value added tax



Article. In



Act No. 235/2004 Coll., on value added tax, amended by law No.

635/2004 Coll. and Act No. 669/2004 Coll., is hereby amended as follows:



1. In section 57, paragraph. 1, letter a) the following new subparagraph (b)), which read:



"(b)) educational and training activities provided by other entities, which

have not been established or set up for the purpose of business and which are authorised to

to carry out this activity in the territory of the country, or ".



Letter b) is renumbered as paragraph (c)).



2. In section 57, paragraph. 3, the word "taxes", the words "referred to in paragraph 1

(a). and) ".



3. In section 61 (b)) reads: "(b)) the provision of services and supply of goods

by public bodies or other legal entities, which have not been

based or established for the purpose of business, if such services or goods

closely connected with the protection and education of children and youth ".



PART THE FOURTH



cancelled



Article VI



cancelled



PART THE FIFTH



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the date of its publication.



Zaorálek in r.



Klaus r.



Gross v. r.