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Amendment Of The Act On The Provision Of Benefits For Persons With Disabilities

Original Language Title: změna zákona o poskytování dávek osobám se zdravotním postižením

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329/2014 Sb.



LAW



of 10 June 1999. December 2014,



amending the law No 329/2007 Coll., on providing benefits to persons with

disabled persons and amending related laws, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



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

disabilities and amending related laws, as amended by Act No 141/2012

Coll., Act No. 331/2012 Coll., Act No. 306/2013 Coll. and Act No.

313/2013 Coll., is amended as follows:



1. In article 6 (1). 1 the words "is the holder of the licence, persons with

disabilities, HANDICAPPED or ZTP/P "are replaced by the words" is entitled to a licence of a person with

disabilities, marked with "HANDICAPPED" or "ZTP/P" ".



2. In section 34a of paragraph 1. 1 (b)):



"(b)) date of birth".



3. In section 34a of paragraph 1. 1 at the end of the text of the letter h), the words ",

If the person on the identification card this symbol shall request when submitting the application

to grant the licence, persons with disabilities, or when submitting a

change requests the right to permit people with disabilities ".



4. In section 34a of paragraph 1. 2 of the introductory part, the words ' the provisions of the health

disabilities "the words" as authentic instruments ".



5. In section 34a of paragraph 1. 2 (a). (d)) at the end of paragraph 3, the word "or" is deleted.



6. In section 34a of paragraph 1. 2 at the end of subparagraph (d)) shall be replaced by "dot,

or ' and the following point 5 is added:



"5. it was decided to change the entitlement card disabled

disabilities or about the extinction of the claim on this licence. ".



7. in section 35 para. 3 the first sentence, the words ' State of health and "shall be deleted and the

After the word "orientation" is inserted after the words "in accordance with § 34b para. 1. "



8. In article 35, paragraph 5 is added:



"(5) is entitled to license persons with disabilities arises first from

the beginning of the calendar month in which proceedings have been initiated its

a confession. Entitlement to persons with disabilities the licence lasts for

the validity of the outcome of the assessment of the ability of mobility and orientation

the applicant for the licence; the validity of this assessment can be time

limited or no time limit. The duration of entitlement to licence

persons with disabilities is included in the operative part of the decision on the award of

person with a disability. ".



9. in section 35 para. 6 the first sentence, the words ' the decision, '

shall be deleted.



10. In article 35, paragraph 6, the following paragraph 7 is added:



"(7) simultaneously with the release of the identity card for persons with disabilities under

paragraph 6 of the regional branch of the Labour Office shall determine the period of validity of this

card as a public document. Period of validity of the licence, the person shall

disability as a public document is not more than 5 years for people to

18 years of age and not more than 10 years for people over 18 years of age; This time

cannot be longer than the time it takes to qualify for the card of a person with

disabled persons referred to in paragraph 5. By determining the period of validity of

identity card for persons with disabilities as a public document is not

without prejudice to the duration of entitlement to the identity card referred to in paragraph 5. The period of validity

the licence is recorded in the files. ".



The present paragraph 7 shall become paragraph 8.



11. In article 38 paragraph 2. 8, the second and third sentence shall be deleted.



Article. (II)



Transitional provisions



1. the proceedings initiated pursuant to § 38 paragraph 1(a). 8 of law No 329/2007 Coll., as amended by

effective before 1 May 2004. January 2015 shall be completed pursuant to Act No. 329/2011

Coll., in the version in force before 1 January 2006. January 2015.



2. persons who are at 1. possession of a valid licence, 2015

benefits issued in accordance with regulations effective before 1 May 2004. January

2012, to date 1. January 2015, be entitled to license persons with

disabilities pursuant to Act No. 329/2007 Coll., in the version in force from 1 January 1999.

January 2014,



and the card) to persons with disabilities, marked with "TP"

in the case of the holder of the certificate certifying the extraordinary benefits

the benefits of the first degree,



(b)) to permit disabled persons marked with "INVALIDS",

in the case of the holder of the certificate certifying the extraordinary benefits

benefits (II). the degree,



(c)) on the card for persons with disabilities, marked with "ZTP/P"

in the case of the holder of the certificate certifying the extraordinary benefits

the benefits of III. the degree.



Entitled to license persons with disabilities takes after the period for which

were granted extraordinary benefits, unless otherwise specified;

by determining the period of validity of the licence, persons with disabilities, as

public document is not the duration of entitlement to this card. If you cannot

to prove the time at which have been granted special benefits, are entitled to

persons with disabilities the licence lasts for validity

extraordinary benefits.



3. persons who are at 1. possession of a valid licence, 2015

persons with disabilities issued under section 34 or section 35 of Act No.

329/2007 Coll., in the version in force before 1 January 2006. January 2014, to the date of

1 January 2015, be entitled to the same kind of licence, persons with

disabilities pursuant to Act No. 329/2007 Coll., in the version in force from 1 January 1999.

January 2014. Entitlement to licence issued for persons with disabilities

lasts for the period for which the entitlement to the previous licence;

by determining the period of validity of the licence, persons with disabilities, as

public document is not the duration of entitlement to this card.



4. the designation of the person with the full Symbol or practical deafness or a person

Deafblind or blind persons completely or virtually on licences

persons with disabilities issued under points 2 and 3 shall contain only

If the holder of the licence requested.



5. Persons who are beneficiaries of the contribution to mobility, will send the appropriate

regional branch of the Labour Office within 30 days from the date of publication of this Act

a written challenge to the documentary evidence required for the card disabled

persons referred to in points 2 and 3, with information about how to demonstrate this

the claim and information about placing or proof of other facts

necessary for the issue of a certificate for persons with disabilities. The prompt is

delivered into their own hands.



6. persons who are not beneficiaries of the contribution to mobility, to claim

to permit persons with disabilities under points 2 and 3 of the administration of

applications to the competent regional branch office work on a form

prescribed by the Ministry of labour and Social Affairs.



7. the right to permit people with disabilities under points 2 and 3 is

the person obliged to assert and prove, not later than 31 December 2006. December 2015,

otherwise, this ceases.



8. the right to permit people with disabilities under points 2 and 3

the control does not. Issue of a certificate shall only be recorded in the file.



9. If the regional branch office of reasonable doubt as to the authenticity of the work

or validity of the documents which the person entitled to the license of the person proves

with disabilities in accordance with points 2 and 3, will launch a regional Branch Office

work procedure ex officio, to grant the licence, persons with

disabilities.



10. If a person in connection with the issuance of the licence, persons with

persons referred to in point 2 shall request that the licence was given the symbol

designation of the person with a full or practical deafness or a person

Deafblind or the persons completely or virtually blind, and legitimacy

indications this symbol cannot be proven, the district administration

security at the request of the regional offices of the Labour Office will assess whether

This is a person with one of these disability. If in the

connection with this assessment of the reasonable doubt whether the person meets the

a condition of entitlement to persons with disabilities the licence referred to in section 2,

claim this license shall not exceed 1 year. At the same time regional branch

The Labour Office will initiate proceedings ex officio, on changing the right to licence the person

with disabilities.



Article. (III)



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1, 2015, with the exception of the provisions

article. (II) point 5, which shall take effect on the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.