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Change In The Law On Social Services And Other Related Laws

Original Language Title: změna zákona o sociálních službách a dalších souvisejících zákonů

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313/2013 Coll.


LAW
Dated 12 September 2013

Amending Act no. 108/2006 Coll., On social services, as
amended, and other related laws

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to the Act on Social Services

Art. I

Act no. 108/2006 Coll., On social services, as amended by Act no.
29/2007 Coll., Act no. 213/2007 Coll., Act no. 261/2007 Coll., Act No. .
124/2008 Coll., Act no. 129/2008 Coll., Act no. 274/2008 Coll., Act no. 479/2008 Coll
., Act no. 108/2009 Coll., Act no. 206/2009 Coll., Act no. 223/2009 Coll
., Act no. 227/2009 Coll., Act no. 347/2010 Coll., Act no. 427/2010
Coll. Law no. 73/2011 Coll., Act no. 364/2011 Coll., Act no. 366/2011 Coll
., Act no. 375/2011 Coll., Act no. 420/2011 Coll., Act No. .
331/2012 Coll., Act no. 384/2012 Coll., Act no. 401/2012 Coll. and Act No.
. 45/2013 Coll., Is amended as follows:

First In § 1, the following paragraph 3 including footnote no. 54
reads:

"(3) This Act shall apply to legal relationships that are not regulated
directly applicable EU regulation, 54).

54) European Parliament and Council Regulation (EC) no. 883/2004 of 29
April 2004 on the coordination of social security systems, as amended
.

Regulation of the European Parliament and Council Regulation (EC) no. 987/2009 of 16 September
2009 laying down detailed rules for implementing Regulation (EC) no. 883/2004
on the coordination of social security systems as amended.

Regulation of the European Parliament and Council Regulation (EU) no. 492/2011 dated April 5
2011 on freedom of movement for workers within the Union. ".

Second § 4 including the title and footnotes. 2-7 and 48 and 49 reads:

"§ 4
Range of eligible persons


(1) Entitlement to the care allowance is subject to the conditions laid down in this Act


A) a person who is in the Czech Republic reported for permanent residence
by special legislation 2), if a citizen of the Czech Republic
,

B) an alien who is in the Czech Republic permanent residence under
special legislation 3)

C) an alien who holds a permanent residence permit with granted legal status
long-term resident in the European Union
territory of another Member State of the European Union if it was issued
term residence permit on Czech Republic
according to a special legal regulation 4)

D) a family member of a person referred to in subparagraph a) if it was issued
temporary residence permit in the Czech Republic under a special legal regulation
^ 3)

E) a family member of the person referred to in point b) if it was issued
term residence permit in the Czech Republic by
special legislation 3)

F) an alien who was granted long-term residence in the territory of the Czech Republic
for scientific research purposes under a special legal regulation
^ 5)

G) a person who has been granted international protection in the form of additional
protection under special legal regulation 6)

H) an alien, who was granted long-term residence in the territory
Czech Republic for the purpose of employment requiring high
qualification under special legislation 7)

I) a foreign national without permanent residence in the Czech Republic, which this
entitlement of an international treaty, which is part of the law
Czech Republic

J) a person whose claim arises from the directly applicable European Union
^ 54)

And if he has resided in the Czech Republic, with the exception of the persons referred to in subparagraph
j); what is meant by residents, the law on assistance in material distress
^ 49).

(2) Social services are subject to the conditions laid down in this Act provide


A) persons referred to in paragraph 1; the condition of residence in the Czech Republic here
apply

B) a citizen of an EU member state, if it is registered in the Czech Republic
residence under special legal regulation 3)
a period longer than three months,

C) a family member of an EU Member State, if
is registered in the Czech Republic to stay under a special legal regulation
^ 3) for a period longer than three months.

(3) Social services referred to in § 57, 59-63 and 69, when they fulfill

Conditions laid down in this Act also provided by a person who is not
listed in paragraph 2, unless legally present in the territory of the Czech Republic
under a special legal regulation 3). Social services referred to in § 37
57, 60 and 69 shall also provide the person who is the victim of a crime
trafficking or crime introduction ^ 48).

2) Act no. 133/2000 Coll., On register of population and birth certificate numbers and
amended (the Population Register Act), as amended
regulations.

3) Act no. 326/1999 Coll., On the residence of foreigners in the Czech Republic and
amending certain laws, as amended. Law no. 325/1999
Coll., On asylum, as amended.

4) § 42c of the Act no. 326/1999 Coll., As amended.

5) § 42f of the Act no. 326/1999 Coll., As amended.

6) § 14a and 14b of the Act no. 325/1999 Coll., As amended.

7) § 42i of the Act no. 326/1999 Coll., As amended.

48) § 168 and 172 of the Penal Code.

49) § 5 para. 6 of the Act no. 111/2006 Coll., On assistance in material need,
amended. ".

Third In § 12 para. 1 point. a) 1 the words "under the law on state social support
" is replaced by "under the law on social and legal protection of children
".

Fourth In § 12 para. 5 sentence of the fourth, the words "under § 7 'is replaced
" under § 7 para. 2 and 6-12. "

Fifth In § 12 para. 6 of the first sentence the words "decisive income"
inserted the words "under § 21 par. 2 point. E)".

6th In § 13 at the end of paragraph 2 sentence "right to payment
increasing contribution under § 12 para. 1, a first since the early
calendar quarter in which the application was made to increase the contribution
; This does not affect the provisions of § 12 para. 4. '.

7th In § 18 paragraph 4 is deleted.

Former paragraphs 5 and 6 shall be renumbered 4 and 5.

8th In § 18 par. 4, the words "in paragraphs 3 and 4" is replaced by "
paragraph 3" and the words "abroad", the words "under
applications directly applicable regulations of the European Union".

9th In § 21 para. 2 at the end of the text of letter e) the words ";
this obligation is also considered to be fulfilled if the beneficiary
informed in writing by the appropriate regional office of the Labour Office, within the prescribed period
, or within the period specified in § 12 para. 6 proved decisive income
for housing allowance under the Law on State social
support, and that the circle of persons assessed together for the purpose of enhancing
contribution is the same as for the housing allowance. "

10th In § 21 para. 4 first sentence, the words "and even to" the word
"writing" and end the paragraph with the sentence "No payment is
recovers from the first day of the calendar month in which the notification
obligation under the first sentence additionally met. ".

11th In § 21, paragraph 5 shall be deleted.

12th In § 21 paragraph. 1 and 2, the words "§ 48 to 51" is replaced by "§ 48 to 50
".

13th In § 26, paragraph 3 shall be added:

"(3) The decree referred to in paragraphs 1 and 2 shall be no appeal.".

14th In § 26a paragraph. 1, first sentence, the words "§ 18 par. 6" is replaced
"§ 18 par. 5".

15th § 27 reads:

"§ 27

If a person submits a request for a contribution and also request to increase the contribution
according to § 12, the regional branch of the Labour Office leads on these requests
joint management. Regional branch of the Labour Office connects allowance proceedings and
increasing contribution under § 12 also when the request for an increase
contribution under § 12 was made in the course of the contribution and
not yet issued a decision. " .

16th In § 29 par. 3, the words "State Inspection Act ^ 34)" are replaced
words "control order 34 ^)".

Footnote. 34 reads:

"34) Act no. 255/2012 Coll., On control (control regulations).".

17th In § 35 para. 1 letter g) reads:

"G) basic social counseling".

18th In § 37 para. 2 second sentence, the word "social counseling"
be replaced by the words "Basic social counseling."

19th In § 37 par. 3 first sentence, the words "domestic violence"
inserted the words "and in special hospice inpatient health care facilities
type" and the second sentence is deleted.


20th In § 51 paragraph. 2, after letter c) the following point d) shall be added:

"D) assistance with personal hygiene or arranging for personal hygiene
".

Existing letters d) to g) shall be designated as letters e) to h).

21st In § 79 par. 1 letter g) reads:

"G) the fact that the assets of the natural or legal person who is
registrant, was declared bankrupt or against it was not
insolvency proceedings or bankruptcy petition was dismissed for lack of assets of the debtor
. '.

22nd In § 79 para. 5 point. a) and b), the words "payment account number"
deleted.

23rd In § 79 para. 5 point. c) the words "and the number of payment account" shall be deleted.

24th In § 79 para. 5 at the end of the text of letter k), the words "
case of an applicant who is the subject Insolvency Act ^ 56)."

Footnote. 56 reads:

"56) Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.".

25th In § 81 paragraph. 2 at the end of the text in subparagraph d) the words "
numerical designation of social services (identifier) ​​and forms
provision of social services".

26th In § 82 paragraph 1 and 2 added:

"(1) A social services must be reported
registering body changes related to the information contained in the application for registration
and in the documents submitted with this application pursuant to § 79 paragraph.
5, except data that are requisites Holder
according to § 81 paragraph. 2, with the exception of data pursuant to § 79 para. 5 point. d) Point
8th Social service provider is obliged to announce these changes
fifteenth day of the calendar month following the calendar month,
in which changes have occurred, and to document these changes relevant documents.

(2) Changes to the data, which are requisites Holder
according to § 81 paragraph. 2, issued by the registering authority of the decision to change
registration, upon written request
providers of social services. Request for change of registration includes data, which changes
concern, supported by appropriate documentation. Provision of social services in
line with these changes, it is possible to force the decision to change
registration. ".

27th In § 82 at the beginning of paragraph 4 the following sentence "To the extent that
facts set out in paragraph 3. a) to c)
some of the social services provided by the service at the social services,
registering authority may decide only the change of registration. ".

28th In § 82a paragraph. 1, the second sentence deleted.

29th In § 83 paragraph. 2, the words "in paragraph 2" is replaced by "paragraph 1".

30th In § 83 paragraph. 3 first sentence, the word "obliged" the words
"provide assistance and personally," and at the end of the paragraph, the sentence "For
contract for providing assistance applies similarly to § 91
paragraph. 6. ".

31st In § 85 para. 3, at the end of subparagraph b) replaces the comma and full stop
point c) is deleted.

32nd In § 85 paragraph 4 reads:

"(4) The electronic register containing the information specified in § 79 para. 5
point. a) to d) identification number according to § 81 paragraph. 2 point. b)
numerical designation of social services according to § 81 paragraph. 2 point. d)
and information about results of checking compliance with the conditions established for
registration. The information content of the result of inspection determined
implementing legislation. Regional Office, and in the case of information on the results of inspection
regional branch of the Labour Office, entered in the register
data according to the first sentence and changes thereto without undue delay. ".

33rd In § 85 para. 5, after the words "in § 91 par. 3," the words "and
data on the number of people that have been used
measures restricting the movement of people, and the frequency of their use by species of these measures ".

34th In § 85, paragraph 7, which reads:

"(7) The provider of social services is obliged to inform the registering authority
at his request generalized data on the number of persons who
provides social services, and the nature of their reduced self-sufficiency
and needs care, within 8 days of receipt of the request
if the registering authority specifies a longer period. ".

35th In § 86, paragraph 3 shall be added:

"(3) The Ministry shall establish, at the request of the regional branch of the Labour Office
state employees ranked in the regional branch of the Labour Office, which

Performs inspection of social services, permission to access
data kept in the register pursuant to § 85 para. 5 of the first sentence. ".

36th In § 88 point. a) the word "objectives" is deleted.

37th In § 88, at the end of the text of letter f) the words "and write
evaluation and its outcome in the written individual records."

38th In § 88 point. j) the words "institutional care", the words "
educational measures".

39th In § 89, paragraph 7 is deleted.

40th In § 91 para. 2 at the end of the text of letter e) the words "
including the method of billing."

41st In § 91 para. 6 after the words "in the social services'
inserted the words" or in a medical facility inpatient care according to § 52 ".

42nd In § 93 point. a) the word "relevant" is replaced by
"appropriate".

43rd In § 96 at the end of the text of letter a) the words "including
social work activities in the field of social services."

44th In § 98, paragraphs 1, 4 and 6 are deleted.

Paragraphs 2, 3, 5, 7 and 8 shall be renumbered 1 to 5

45th In § 98, at the end of paragraph 2 the sentence "When conducting the inspection
provider of social services against which the county performs the function
founder or founders, not to the inspection team included
employees in this region.".

46th In § 98 paragraph. 4 second sentence, the words "; This agreement is recorded
into the record of the interview, which prepares the inspection team members'
deleted.

47th In § 98 paragraph. 5, third sentence, the words "the measures taken and their
filling" is replaced by "the fulfillment of the action."

48th Under § 100, the following new § 100a, including the heading and footnotes
fn. 57 and 58 reads:

"§ 100a

Communications to the authority child protection

(1) A social services shall, upon written request to the charge
authority child protection
data necessary for the provision of social and legal protection for persons who have been
decision of a social and legal child protection
ordered to use specialized counseling assistance under the Act on social and legal protection of children
^ 57). Social service provider is obliged
always tell whether a person has concluded a contract for the provision of social services,
duration of the contract, the date of termination of the provision of social services, or
reason for dismissal if the contract has been canceled, and appreciation || | during the provision of social services.

(2) The provider of social services that provides for families with children or for children
social services referred to in § 37 par. 3, § 48, 52, 54,
57, 58, 60, 60a, 62, § 65 or 69, it shall, unless the case
referred to in paragraph 1 or does not provide a social service, anonymously, on
written request free of charge to communicate the authority child protection

A) that the person named in the application to the authority child protection
provides or has provided social service

B) the nature and form of social service and for providing a

C) assessment during the provision of social services.

Social service provider has the obligation under the first sentence
only in those cases where the authority child protection at the request simultaneously
stating that the situation of children and their families assessed according to the law on social and legal
child protection ^ 58) so that a child to whom
child protection targets.

57) § 12 and 13 of the Act no. 359/1999 Coll., As amended.

58) § 10 paragraph. 3 point. c) Act no. 359/1999 Coll., as amended
regulations. ".

49th In § 101, paragraph 7 is deleted.

Existing paragraph 8 shall be renumbered seventh

50th In § 101 paragraph. 7, the words "paragraphs 1 to 7" is replaced
'paragraphs 1-6 "and" 31. December 2013 "is replaced by" 31st
December 2014 ".

51st § 101a including footnotes Nos. 37 and 37a reads:

"§ 101a

(1) To fulfill the obligations specified in § 95 point. g) provides the counties of
state budget grants specifically intended to finance current expenditure
related to the provision of basic types and forms of social services to the extent determined
basic activities of individual
social services. Ministry provides a subsidy under a special legal regulation
^ 37).


(2) Region decides by special legislation 37a) and regulations
European Union regarding public support for funding of
grants for social service providers, who are enrolled in the registry
according to § 85 paragraph . 1 or an award for the provision of social services
.

(3) Region submits to the Ministry a request for a grant to the relevant
financial year. The request contains

A) county name, identification number and account number to which the subsidies are paid
,

B) a description of the allocation and use of subsidy under paragraph 2

C) a list of social service providers and putting social services
for which the subsidy required in accordance with § 95 point. g) and

D) the amount of subsidy required for the relevant financial year and expected
requirement for the amount of the grant for the following two financial years which
clear medium-term plan of social services development of the region.

The application includes a medium-term plan of social services development region,
which contains an economic analysis of the needs identified in the plan and
manner of their funding.

(4) The amount of subsidy for the region stipulated by the ministry on the basis of a percentage
the region's share in the total annual volume of funds
earmarked in the state budget to support the provision of social services
for the financial year. The subsidy is specifically divided into
grant for social care services and subsidies for social prevention and counseling
.

(5) Percentage of counties in the total annual volume of financial
earmarked in the state budget to support the provision of social services ministry
determined on the basis of the region's share

A) the total amount of subsidy required county pursuant to paragraph 3. d)

B) the volume of paid allowances and
c) the capacities of social services; in case

Social Services

First according to § 37-43, 44, 65-67, 69 and 70 provided in the field and
outpatient form and social services in accordance with § 45, 46, 54-56, 59-62 and 64
provided in outpatient form are capacity figures given by
staffing in accordance with § 85 para. 5

Second according to § 44 provided in the form of residential and social services by
§ 47-51 capacities are determined by the number of registered beds used
allowance,

Third according to § 52, 57, 58, 63, 64, 68 and 70 provided in the form of residential
capacities are determined by the number of registered beds.

(6) Region shall submit to the Ministry by 30 April of the financial year
continuous overview of the use of subsidy and by 15 February of the following financial year
final overview of the use of subsidy for the relevant
financial year.

(7) An implementing regulation sets out detailed conditions for drawing
grant, the deadline for the payment of subsidies, the form and content of the request referred to in paragraph 3
a deadline for its submission, the contents of the list pursuant to paragraph 3. c) and
form and content review under paragraph 6

37) Act no. 218/2000 Coll., On budgetary rules and amending
some related laws (budget rules), as amended
.

37a) Act no. 250/2000 Coll., On budgetary rules of territorial
budgets, as amended. ".

52nd In § 106, after paragraph 3 the following paragraph 4 is added:

"(4) Assistant Welfare commits an offense that
conclude a written agreement on the provision of assistance to the person to whom it provides assistance
according to § 83 paragraph. 3.".

Former paragraph 4 becomes paragraph 5.

53rd In § 106 para. 5, the words "paragraph 3" are replaced by "paragraphs 3 and 4
".

54th In § 107 par. 2 letter l) reads:

"L) fails to notify within the time changes in data according to § 82 para. 1".

55th In § 107 par. 2 point. m) the words "§ 98 paragraph. 8" is replaced by "§
98 paragraph. 5".

56th In § 107 at the end of paragraph 2 is replaced by a comma and a
point q) is added:

"Q) informs within the deadline set by the registering authority data according to § 85 paragraph
. 7. ".

57th In § 107 par. 5 point. a) the words "point. b) c) "is replaced
" point. b), c) and l). "

'58. In § 107 par. 5 point. c) the words "up to)" is replaced by "up to)
m), o) and q)."

59th In § 107 par. 5 point. d) the words "paragraph 1" are deleted.


60th In § 107 at the end of paragraph 5 is replaced by a comma and letters
e) and f) are added:

"E) 500,000 CZK, for an administrative tort pursuant to paragraph 2. n)

F) 1,000,000 CZK, for an administrative offense under paragraph 1. ".

61st In § 108, paragraph 4 reads:

"(4) Administrative offenses under this Act as the first instance

A) regional branch of the Labour Office, the case of

First offense under § 106 para. 1 committed by an employee of the state
included in the regional branch of the Labour Office,

Second offense under § 106 para. 2-5,

Third administrative tort pursuant to § 107 par. 2 point. b) to h), j), m), o) and p)
and under § 107 paragraph. 4

B) the municipal authority with extended powers, if it is a misdemeanor under §
106 para. 1 committed by an employee of the municipality,

C) regional office, in the case of

First offense under § 106 para. 1 committed by an employee or an employee
county social service providers, who
Regional Authority issued a decision on registration,

Second administrative offense under § 107 paragraph. 1

Third administrative tort pursuant to § 107 par. 2 point. a) i), k), l), n) and q) and §
107, paragraph. 3, which is committed provider of social services, which
Regional Authority issued a decision on registration,

D) the Ministry, in the case of

First offense under § 106 para. 1 committed by an employee of the state
included in the ministry

Second administrative tort pursuant to § 107 par. 2 point. a) i), k), l), n) and q)
committed by a social service provider, which
Ministry issued a marketing authorization. ".

62nd In § 108, paragraph 6 reads:

"(6) Income from fines imposed by the regional branch of the Labour Office and the Ministry
state budget revenue, income from fines imposed
municipal authority of a municipality with extended powers of municipal budget revenues and
income from fines imposed regional Authority's budget revenue for the region. ".

63rd In § 111 at the end of paragraph 2 is replaced by a comma and a letter
e), added:

"E) participation in conferences.".

64th In § 111 paragraph. 3, the words "educational establishments and" are deleted.

65th In § 111 paragraph. 5, the words "eight hours", the word "annually" and the words
", and that is the educational institution accredited by the Ministry" is
deleted.

66th In § 111, after paragraph 5 the following paragraph 6 is added:

"(6) Another training pursuant to paragraph 2. e) means events
professional nature to the fullest extent of 8 hours per year, the program
relates to the field of activity of a social worker. ".

Former paragraphs 6 and 7 become paragraphs 7 and 8

67th In § 111, at the end of paragraph 8 sentence "Proof of
undergo additional training pursuant to paragraph 2. e)
certificate issued by the organizer of the conference. ".

68th In § 116 paragraph. 9, the fourth sentence is replaced by the sentence "The provisions of § 111, paragraph
. 1 sentence and second to fourth paragraph. 3 to 6 and 8 shall apply mutatis mutandis, with the action program
professional nature under § 111 paragraph. 6 relates to the field of activity
social service worker. ".

69th In § 117a paragraph. 1, "for accreditation of training facilities and"
deleted.

70th In § 117a, paragraph 3 is deleted.

Former paragraphs 4 and 5 become paragraphs 3 and 4

71st In § 117a paragraph. 3 letter a) reads:

"A) the authorization of educational activities under a special legal regulation
^ 47b) and an overview of current activities of the applicant for accreditation."

72nd In § 117a paragraph. 4, the words "in paragraphs 3 and 4" is replaced
"paragraph 3".

73rd § 117d and 117e added:

"§ 117d

(1) The Ministry supervises the activities of educational institutions when
implementing accredited educational programs.

(2) The Ministry shall decide on the withdrawal of accreditation if
accredited educational program meets the conditions under which it was granted accreditation
.

(3) Pursuant to § 117c paragraph. 1-3 proceed even if the decision on withdrawal of accreditation
.

§ 117e

(1) Educational establishments keep records of certificates issued under
implementation of accredited educational program.

(2) The Ministry shall publish in electronic form in a manner enabling remote access
list of accredited educational programs, the period for which
accreditation was granted, and a list of training facilities, which were
educational program accreditation withdrawn. " .


74th In § 119, paragraph 1 reads:

"(1) The Government shall issue a regulation to implement § 101a paragraph. 7".

75th In § 119 para. 2, after the words "§ 76 par. 1," the words "
§ 85 paragraph. 4 ".

Art. II
Transitional provisions


First Condition of residence in the Czech Republic under § 4 para. 1 of Act No.
. 108/2006 Coll., As amended, effective from the date of entry into force of this
Act for entitlement to care allowance arising prior to the effective date of this Act
efficacy demonstrated from 1 January 2015.

Second Appeal proceedings and the proceedings on the appeal lodged against the resolution on
suspension of the allowance for care according to § 26 par. 1 of Law no.
108/2006 Coll., As amended effective prior to the effective date of this Act
, initiated and finally still open before that date shall be completed by
legislation effective before the effective date of this Act
.

Third Proceedings for registration commenced and pending prior to the final
effective date of this Act shall be completed under the legislation
effective before the effective date of this Act.

Fourth Proceedings on administrative offense under § 107 par. 2 point. l) of the Act no.
108/2006 Coll., as amended effective prior to the effective date of this
Act commenced and lawfully still open before that date shall be completed by
legislation effective before the effective date of this | || law.

Fifth Management of accreditation of educational institutions and finally initiated
pending prior to the effective date of this Act shall be completed by
legislation effective before the effective date of this Act.

6th Proceedings on the appeal filed against the decision on accreditation of educational
facility commenced and lawfully pending prior to the effective date
this Act shall be completed under the legislation effective before
effective date of this Act.

7th According to § 101a of the Act no. 108/2006 Coll., As amended, effective from the date of entry into force of this Act
, the procedure for the first time for the purpose of providing
subsidies in 2015.
PART TWO


Amendment of the provision of benefits to persons with disabilities, and amending related laws


Art. III

Act no. 329/2011 Coll., On the provision of benefits to persons with physical disabilities
and amending related laws, as amended by Act no. 141/2012 Coll
. and Act no. 331/2012 Coll., is amended as follows:

First Footnote. 4 reads:

"4) Regulation of the European Parliament and Council Regulation (EU) no. 492/2011 of 5
April 2011 on freedom of movement for workers within the Union.".

Second In § 5, at the end of paragraph 1 the sentence "Regional Branch Office
work is also relevant to the proceedings for offenses relating to evidence
persons with disabilities under the Act on Offences ^ 27).".

Footnote. 27 reads:

"27) § 28 of Act no. 200/1990 Coll., On misdemeanors, as amended
regulations.".

Third § 6 para. 1, "is not able to cope with basic life needs
mobility or orientation" is replaced by "is
holder of a disabled ZTP or ZTP / P, which was granted by
regulations effective from 1 January 2014 "and the words
" calendar month "the words" for payment ".

Fourth § 6 para. 2 and 3 after the word "convey" the words "under
payment".

Fifth § 8 is repealed.

6th In § 9. 2, the words "motor vehicles" the words "or special
zádržního system."

7th In § 12 para. 1 introductory part, the words "A person who has paid
contribution to the special aid, it must 'be replaced by
" The authorized person is required. "

8th In § 15, Paragraph 4, which reads:

"(4) A right to payment of mobility does not belong in a calendar month
if the person entitled to them this entire calendar month
receive health care during hospitalization;
regional branch of the Labour Office to stop payment of the allowance for mobility
for that calendar month. The condition of the entire calendar month is not satisfied where the
hospitalization occurred on the first day of the calendar month, or the release of this device
was the last day of the calendar month. Payment
contribution to mobility resumes from the first day of the calendar
month in which hospitalization lasted for a full calendar month. ".


9th In § 19 at the end of paragraph 1 the sentence "At the request
recipients of mobility allowance may be paid once
installment each 3 calendar month for which they belonged.".

10th In § 24 of the first sentence the words "contribution to mobility and" deleted,
in the second sentence, the word "benefits" is replaced by "dose" and at the end the following sentences
"regional branch of the Labour Office suspend the contribution
mobility, if proceedings on the card disabled
disabilities. Against the resolution on the suspension of proceedings under the first sentence, third and fourth
can not be appealed; against the resolution on the suspension of proceedings under the second sentence
not remonstrance. ".

11th § 34 reads:

"§ 34

(1) The right to pass the disabled person is older than 1 year
with physical, sensory or mental disabilities character
long-term adverse health condition that substantially limits her ability
mobility or orientation, including people with autism spectrum disorder
. Long-term health condition is assessed
under § 9. 3rd

(2) The right to license persons with disabilities
identified by the symbol "TP" (TP card), a person with moderate functional disability
mobility or orientation, including people with autism spectrum
. Moderate functional impairment of mobility means
condition where a person is in a long-term deterioration of health status
capable of independent movement in the domestic environment, the exterior is able to walk
reduced range and has problems walking around obstacles and
uneven terrain. Moderate functional impairment orientation means
condition where a person is in a long-term deterioration of health status capable
reliable orientation in the home environment and impaired
orientation has only outdoors.

(3) The right to license persons with disabilities
marked with "ZTP" (ZTP), a person with severe functional disabilities
mobility or orientation, including people with autism spectrum disorder.
Severe functional impairment of mobility means a condition where a person is at
long-term adverse health condition capable of independent mobility
at home and outdoors is able to walk with great difficulty
and only for short distances. Severe functional disabilities
orientation is a condition in which a person is in a long-term deterioration of health status
able reliable orientation in the home environment and the exterior has
considerable difficulties.

(4) The right to license persons with disabilities
marked with "ZTP / P" (ZTP / P), the person with particularly severe functional disability or total disability
mobility or orientation with the need to guide | || including people with autism spectrum disorder. Particularly severe functional disabilities
mobility and full mobility disabilities
means a condition where a person is in a long-term deterioration of health status
able to walk in the home environment with great difficulty, or not able to walk
, the exterior is not able to walk independently and movement is possible
usually only in a wheelchair. Particularly severe functional disabilities
orientation, disability and complete orientation means a condition where a person when
long-term adverse health condition is not able to separate
orientation outdoors.

(5) Proof of persons with disabilities is a public document. ".

12th In § 34a paragraph. 2 at the end of subparagraph b) the word "or" is deleted,
at the end of subparagraph c) is replaced by a comma and the word "or" and the following
point d), which reads: || |
"D) the decision of the regional branch of the Labour Office on the certificate invalidity
persons with disabilities in the event that

First Card people with disabilities
includes unauthorized changes or incorrect data,

Second there has been a substantial change in the form of the license holder disabled
disabilities

Third card of a person with disabilities is damaged so that the records
are illegible or its integrity is damaged, or

Fourth holder of persons with disabilities
fulfill the obligation referred to in paragraph 3. ".

13th In § 34a after paragraph 2 the following paragraph 3 is added:

"(3) The applicant for a person with disabilities
holder of this card is obliged to undergo a medical examination by a doctor

Performing missions District Social Security Administration, or by a doctor designated
Czech Social Security Administration, to undergo examinations
health among healthcare providers designated district
Social Security Administration or another specialized examination, submit
designated medical service providers
medical findings of the attending physicians, which have been issued, communicate and document further
data, which are important for the development of assessment or provide
other assistance that is required to prepare its opinion, je- If it
district social security Administration invited within a time limit which
district social security Administration determines. In case of failure to meet this obligation may be
after prior written notice card of a person with disabilities
unacknowledged or may be decided on the withdrawal
such license. ".

Existing paragraphs 3-7 become paragraphs 4 to 8

14th In § 34a paragraph. 8, "1 and 6" is replaced by "1 and 7
technical requirements for the photograph of the card holder
persons with disabilities and pattern."

15th Under § 34a is inserted § 34b, added:

"§ 34b

(1) When assessing the capabilities of mobility and orientation for the purpose of granting a license
persons with disabilities are assessed

A) health and functional ability of individuals

B) whether the long-term health condition

C) whether a substantial limitation on the ability or mobility and orientation
severity of functional impairment.

(2) The implementing legal regulation stipulates that medical conditions can
considered substantial restrictions on the ability of mobility and orientation.

(3) In assessing significant restrictions on the ability
mobility and orientation in health status, which is not mentioned in the implementing regulation
, to evaluate which of the medical conditions mentioned therein
functional disability equal to or with him functional consequences
comparable.

(4) Functional ability means a physical, sensory and mental
abilities, knowledge and skills necessary for mobility and ability
orientation. When assessing the functional capacity of a natural person
compared with abilities as old individuals without discrimination
and evaluated using commonly available assistive devices.

(5) In evaluating the severity of functional impairment
mobility and orientation for the purposes of entitlement to license persons with disabilities
based on disorders of functional capabilities with the most significant impact on the ability
mobility or orientation. ".

16th In § 35 para. 1 the words "under § 34 par. 2" is deleted at the end
paragraph, the sentence "The procedure for changing the entitlement card
persons with disabilities also initiated ex officio; initiated the procedure of
ex officio may also be made by the District Social Security Administration, if
a result of health assessment finds assessor
important facts that are decisive for entitlement to a license
persons with disabilities. ".

17th In § 35 par. 3, the words "the applicant's ability to cope with the basic necessities of life
mobility and orientation and assessing the degree of dependence
'is replaced by' state of health and ability
mobility and orientation of the applicant for the license 'and
at the end of the paragraph, the following sentence, "District social security Administration sends
appropriate regional office of the Labour Office a copy of the report;
result of the assessment is part of the decision to grant or refuse a license
persons with disabilities who receive the applicant. ".

18th In § 35 para. 4, the words "§ 24-26 that decision is issued
only in case of rejection of his release" is replaced by "24 § 25 and § 26 paragraph
. 1 point. b) and c) and paragraph. 2 ".

19th In § 35 after paragraph 4 the following paragraphs 5 and 6
including footnote no. 28 added:

"(5) If the regional branch of the Labour Office decides to grant a license
persons with disabilities, while on the basis of an assessment
state of health of the applicant chooses the duration of the license.
The period of validity persons with disabilities
maximum of 5 years for persons under 18 years of age and a maximum of 10 years for persons older than 18 years of age.
Proof of persons with disabilities may be granted at the earliest from

Beginning of the calendar month in which the proceedings were initiated its
returns.

(6) regional branch of the Labour Office shall issue a certificate person disabled disability
after the decision, submit photographs and pay
administrative fee under the Administrative Fees Act ^ 28). For issuing a license
persons with disabilities replacement of a damaged, destroyed or stolen
administrative fee pursuant to the Law on Administrative Fees
selects, if damaged, destroyed or stolen card
occurred in connection with violent offense, if this fact
documented record of the Police of the Czech Republic.

28) Item 9 point. g) of the Annex to the Act no. 634/2004 Coll., on administrative
fees, as amended. ".

The former paragraph 5 is renumbered as paragraph 7.

20th In § 37 at the end of the provision, the words "§ 34a paragraph. 8 and §
34b paragraph. 2".

21st In § 38 at the end of paragraph 8 following sentences "Regional Branch Office
begin work before the expiration of extraordinary benefits card management
ex officio on the granting of a license persons with disabilities;
this does not affect the entitlement to a mobility allowance under the first sentence.
Regional branch of the Labour Office initiated before the expiry of the period specified in the first sentence
also ex officio procedure of entitlement to a mobility allowance for
period after the expiry of the license extraordinary benefits. ".

22nd In the Annex, Part I, paragraph 1, letter i) reads:

"I) anatomical loss of lower limb thigh without
oprotézování or disarticulation of the hip".

23rd In the Annex, part I-1 at the end of point k)
is replaced by a comma and the letter l), which reads:

"L) anatomical loss of the lower limbs in the thigh with
oprotézování.".

24th In the Annex, Part I, Section 4, the words "motor vehicle"
words "or special zádržního system."

25th In the Annex, Part I, point 4. a) the words "through i)" shall be
words "to i) al)."

Art. IV
Transitional provisions


First Appeal proceedings and the proceedings on the appeal filed against the resolution on the suspension of the
contribution to mobility and contribution to the special aid
according to § 24 Act no. 329/2011 Coll., As in force prior to the date of entry into force
this Act commenced and finally
still open before that date shall be completed in accordance with the legislation effective before
effective date of this Act.

Second Entitled to the mobility allowance provided for under the legislation
effective before the effective date of this Act shall expire no later than December 31
2015

Third Allowance proceedings commenced on mobility and finally
still open before the effective date of this Act shall be completed in accordance with legal regulations
effective before the effective date of this Act. Entitlement to
thus conferred mobility allowance expires at the latest on 31 December 2015.
regional branch of the Labour Office initiated before the expiry of this period
proceedings ex officio a claim for a mobility allowance according to the legislation effective
the effective date of this Act.

Fourth Procedure of granting license of the person with disabilities
commenced and lawfully pending prior to the effective date of this Act shall be completed pursuant
legislation effective before the effective date of this Act
that when granting a license disabled
disabilities have a period of validity provides a maximum of 12 calendar months
. Regional branch of the Labour Office will launch before the end of this period
validity disabled ex officio procedure for
right to license persons with disabilities under the law
effective from the date of entry into force of this Act.
PART THREE


Changing the law on the organization and implementation of social security

Art. In

Act no. 582/1991 Coll., On Organization and Implementation of Social Security,
amended by Act no. 590/1992 Coll., Act no. 37/1993 Coll., Act.
160 / 1993 Coll., Act no. 307/1993 Coll., Act no. 241/1994 Coll., Act no. 118/1995 Coll
., Act no. 160/1995 Coll., Act no. 134/1997 Coll ., Act no. 306/1997 Coll
., Act no. 93/1998 Coll., Act no. 225/1999 Coll., Act no. 356/1999 Coll
., Act no. 360/1999 Coll., Act no. 18/2000 Coll., Act.

29/2000 Coll., Act no. 132/2000 Coll., Act no. 133/2000 Coll., Act no. 155/2000 Coll
., Act no. 159/2000 Coll., Act No. . 220/2000 Coll., Act no.
238/2000 Coll., Act no. 258/2000 Coll., Act no. 411/2000 Coll., Act no. 116/2001 Coll
., Act no. 353/2001 Coll., Act no. 151/2002 Coll., Act no. 263/2002 Coll
., Act no. 265/2002 Coll., Act no. 309/2002 Coll., Act.
320/2002 Coll., Act no. 518/2002 Coll., Act no. 362/2003 Coll., Act no. 424/2003 Coll
., Act no. 425/2003 Coll., Act No. . 453/2003 Coll., Act no.
53/2004 Coll., Act no. 167/2004 Coll., Act no. 281/2004 Coll., Act no. 359/2004 Coll
., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no. 168/2005 Coll
., Act no. 361/2005 Coll., Act no. 381/2005 Coll., Act.
413/2005 Coll., Act no. 24/2006 Coll., Act no. 70/2006 Coll., Act no.
81/2006 Coll., Act no. 109/2006 Coll., Act No. . 112/2006 Coll., Act no. 161/2006 Coll
., Act no. 189/2006 Coll., Act no. 214/2006 Coll., Act no. 267/2006 Coll
., Act no. 342/2006 Coll., the Constitutional court judgment
promulgated under no. 405/2006 Coll., Act no. 585/2006 Coll., Act no. 152/2007 Coll
., Law no. 181 / 2007 Coll., Act no. 261/2007 Coll., Act no. 270/2007 Coll
., Act no. 296/2007 Coll., Act no. 305/2008 Coll., Act.
306/2008 Coll., Act no. 382/2008 Coll., Act no. 479/2008 Coll., Act no.
41/2009 Coll., Act no. 158/2009 Coll., Law no. 227 / 2009 Coll., Act no. 281/2009 Coll
., Act no. 303/2009 Coll., Act no. 326/2009 Coll., Act no. 347/2010 Coll
., Act no. 73 / 2011 Coll., the Constitutional court judgment
promulgated under no. 177/2011 Coll., Act no. 180/2011 Coll., Act no. 220/2011 Coll
., Act no. 263/2011 Coll ., Act no. 329/2011 Coll., Act no. 341/2011 Coll
., Act no. 348/2011 Coll., Act no. 364/2011 Coll., Act no. 365/2011
Coll., Act no. 366/2011 Coll., Act no. 367/2011 Coll., Act no. 375/2011 Coll
., Act no. 428/2011 Coll., Act no. 458/2011 Coll. Act no. 470/2011 Coll
., Act no. 167/2012 Coll., Act no. 399/2012 Coll., Act no. 401/2012 Coll
. and Act no. 403/2012 Coll., is amended as follows:

First In § 8. 1 in the introductory part of the word "extraordinary benefits
under other laws ^ 9b)" is replaced by "card
persons with disabilities under other laws ^ 9b)".

Footnote. 9b reads:

"9b) Act no. 117/1995 Coll., On state social support, as amended
.

Act no. 108/2006 Coll., On Social Services, as amended
regulations.

Act no. 329/2011 Coll., On the provision of benefits to persons with physical disabilities
and amending related laws, as amended
regulations. ".

Second In § 8. 1 point. e) the words "mastering basic life needs
mobility or orientation for contribution to mobility and"
replaced by 'mobility and orientation. "

Third In § 8. 1 point. g) the words "and for the process of granting a license
persons with disabilities" are deleted.
PART FOUR


Amendment to the Act on Administrative Fees

Art. VI

Act no. 634/2004 Coll., On administrative fees, as amended by Act no. 217/2005 Coll
., Act no. 228/2005 Coll., Act no. 357/2005 Coll., Act No. .
361/2005 Coll., Act no. 444/2005 Coll., Act no. 545/2005 Coll., Act no. 553/2005 Coll
., Act no. 48/2006 Coll., Act no. 56/2006 Coll., Act no.
57/2006 Coll., Act no. 81/2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006
Coll. Act no. 130/2006 Coll., Act no. 136/2006 Coll., Act no. 138/2006 Coll
., Act no. 161/2006 Coll., Act no. 179/2006 Coll., Act No. .
186/2006 Coll., Act no. 215/2006 Coll., Act no. 226/2006 Coll., Act no. 227/2006 Coll
., Act no. 235/2006 Coll., Act no. 312/2006 Coll., Act no. 575/2006 Coll
., Act no. 106/2007 Coll., Act no. 261/2007 Coll., Act no. 269/2007
Coll. Act no. 374/2007 Coll., Act no. 379/2007 Coll., Act no. 38/2008
., Act no. 130/2008 Coll., Act no. 140/2008 Coll., Act No. .
182/2008 Coll., Act no. 189/2008 Coll., Act no. 230/2008 Coll., Act no. 239/2008 Coll
., Act no. 254/2008 Coll., Act no. 296/2008 Coll., Act no. 297/2008 Coll
., Act no. 301/2008 Coll., Act no. 309/2008 Coll., Act no. 312/2008
Coll. Act no. 382/2008 Coll., Act no. 9/2009 Coll., Act no.
41/2009 Coll., Act no. 141/2009 Coll., Act no. 197/2009 Coll., Act No. .
206/2009 Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll., Act no. 291/2009 Coll
., Act no. 301/2009 Coll., Act no. 346/2009 Coll., Act.

420/2009 Coll., Act no. 132/2010 Coll., Act no. 148/2010 Coll., Act no. 153/2010 Coll
., Act no. 160/2010 Coll., Act No. . 343/2010 Coll., Act no. 427/2010 Coll
., Act no. 30/2011 Coll., Act no. 105/2011 Coll., Act no. 133/2011 Coll
., Act no. 134/2011 Coll., Act no. 152/2011 Coll., Act no. 188/2011 Coll
., Act no. 245/2011 Coll., Act no. 249/2011 Coll., Act.
255/2011 Coll., Act no. 262/2011 Coll., Act no. 300/2011 Coll., Act no. 308/2011 Coll
., Act no. 329/2011 Coll., Act No. . 344/2011 Coll., Act no. 349/2011 Coll
., Act no. 350/2011 Coll., Act no. 357/2011 Coll., Act no. 367/2011 Coll
., Act no. 375/2011 Coll., Act no. 428/2011 Coll., Act no. 457/2011 Coll
., Act no. 458/2011 Coll., Act no. 472/2011 Coll., Act.
19/2012 Coll., Act no. 37/2012 Coll., Act no. 53/2012 Coll., Act no. 119/2012 Coll
., Act no. 169/2012 Coll., Act No. . 172/2012 Coll., Act no. 202/2012 Coll
., Act no. 221/2012 Coll., Act no. 225/2012 Coll., Act no. 274/2012 Coll
., Act no. 350/2012 Coll., Act no. 359/2012 Coll., Act no. 399/2012 Coll
., Act no. 407/2012 Coll., Act no. 428/2012 Coll., Act.
496/2012 Coll., Act no. 502/2012 Coll., Act no. 503/2012 Coll., Act no.
50/2013 Coll., Act no. 69/2013 Coll., Act No. . 102/2013 Coll., Act no. 170/2013 Coll
., Act no. 185/2013 Coll., Act no. 186/2013 Coll., Act no. 232/2013 Coll
. and Act no. 239/2013 Coll., is amended as follows:

First In § 8 par. 2 point. a) the words' application for accreditation of educational facilities and
"are deleted.

Second In the Annex under item 9 letter a) reads:

"A) certification as persons with disabilities, including the issuance of a new license for
due to changes in the data listed on the card CZK 30".

Third In the Annex under item 9, the following letter g), added:

"G) issuance people with disabilities
replacement of a damaged, destroyed, lost or stolen, unless special legislation provides otherwise
CZK 200".

Fourth In the Annex, Part I, Item 22 in point l) deleted.
PART FIVE


Amendment to the Act on stabilization of public budgets

Art. VII

Act no. 261/2007 Coll., On stabilization of public budgets, as
Act no. 2/2009 Coll., Act no. 206/2009 Coll., Act no. 281/2009 Coll., | || Act no. 282/2009 Coll., Act no. 292/2009 Coll., Act no. 199/2010 Coll.
Act no. 329/2011 Coll., Act no. 366/2011 Coll. Act no. 420/2011 Coll.
Act no. 167/2012 Coll. and Act no. 463/2012 Coll., is amended as follows:

First In the eighteenth Art. XXVIII with 39 points and 50 deleted.

Second In the fifty-second Art. LXXXI point 1. d) the words "and Art. XXVIII
points 39 and 50, which come into effect on January 1, 2014,"
deleted.
PART SIX



EFFICIENCY
Art. VIII

This Act comes into force on 1 January 2014, except for the provisions of Article
. I, section 50, which comes into force on its publication.
Zeman


Rusnok vr