414/2008 Sb.



LAW



of 31 March 2004. October 2008,



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

as amended, and Act No. 359/1999 Coll., on social-legal

the protection of children, as amended



Parliament has passed the following Act of the United States:



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. 157/1998 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. 441/2003 Coll., Act No.

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

315/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.

124/2005 Coll., Act No. 168/2005 Coll., Act No. 204/2005 Coll., Act No.

218/2005 Coll., Act No. 377/2005 Coll., Act No. 381/2005 Coll., Act No.

552/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

113/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., Act No. 216/2006 Coll., Act No. 262/2006 Coll., Act No.

585/2006 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 379/2007 Coll., Act No. 129/2008 Coll., Act No.

239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll. and act

No 382/2008 Coll., is amended as follows:



1. § 2a, including footnote No. 1a is added:



"§ 2a



(1) the authorities of the State social support, carrying out public administration

under this Act, are



and the work and the Office) the authorities of the work of the city of Prague (hereinafter referred to as "the authority

the work "),



(b)) and regional authorities Prague City Hall (hereinafter referred to as "regional

the Office ").



(2) the State administration under this Act shall be exercised by the Ministry of labour and also

Social Affairs.



(3) the performance of the regional offices under this Act is the performance of

by the.



(4) State social aid under this Act shall be carried out



and work in the administrative offices) circuits laid down specific legal

^ law 1a),



(b) regional offices in administrative) districts of the labour offices falling within the

administrative regional office.



1A) section 7 of the Act No. 435/2004 Coll. on employment. "



2. In article 3, paragraph 3. 3 the words "Prague City Hall or the County"

shall be replaced by the word "County".



3. in § 5 para. 1 (b). f), the words "and provident contribution" be deleted.



4. In article 7 (2). 7, § 19 para. 2, section 20 (2). 2, § 24 para. 3, § 30 paragraph 2.

paragraph 2, section 30a. 5, § 57 para. 1, § 58, section 59 paragraph 1. 2 and 6, § 61 para. 1, 3

and 4, § 62 para. 1 and 6, § 63 para. 2, section 57, paragraph 1. 2, § 64 para. 7 and 8, §

66, § 67 para. 1, 2 and 4, § 68 para. 5, § 69 para. 1 and 3, § 70 para. 1

up to 3, the words "State social assistance" shall be replaced by the word "work".



5. in section 30 paragraph 2. 1 letter e) including footnote # 47d:



"e) in the case of child care in the long term disability or long-

seriously disabled, and it



1. in the base area from the date of the finding that it is a child of the long-term

disabled or seriously disabled, long term up to 7 years

the age of the child,



2. in the base area from the date of termination of entitlement to parental benefits

provided in an elevated area, but not earlier than the date of the finding that it is a

child with a disability or long term seriously in the long term

affected, up to 7 years of age of the child,



3. in the lower area, if this child care allowance does not belong

under the law on social službách47d), but no earlier than the date of the finding,

that it is a child of the long-term disabled or suffers

disabled, from 7 to 10 years of age of the child, in the case of

entitled to a parental allowance from 1. January 2009 until 31 December 2006. December, 2009, and

from 7 to 15 years of age of the child, in the case of entitlement to parental

post after 31 December 2006. December 2009;



the date of the findings for the purposes of entitlement to parental benefit shall mean

First, the date of filing of the request for an assessment of whether it is a child of the long-term

disabled or seriously disabled in the long term.



47d) section 7 of Act No. 108/2006 Coll., on social services, as amended by

amended. ".



Footnote # 47d is referred to as a footnote

No 47e, including links to a footnote.



6. in section 30 paragraph 4 is added:



"(4) entitlement to a parental contribution belongs to



and in the base area) if it is in the family of a child referred to in paragraph 1

(a). e) points 1 and 2, which is not the youngest child, if you would otherwise

belonged to the parental allowance for the youngest child in the family at a reduced

area referred to in paragraph 1 (b). (d)) or parental allowance on

the youngest child in the family, Hess



(b)) in the lower area, if it is in the family of a child referred to in paragraph 1 (b).

e) point 3 and parental allowance to another child in the family does not belong.



Personal day and proper condition of care must be met for a child

referred to in paragraph 1 (b). e).“.



7. in paragraph 2 of section 30a. 5, after the words "entitled to a parental allowance ' shall be

the words "or, if they fulfil, pursuant to section 30b paragraph 1. 1 the condition of custody for

entitlement to parental benefits in one calendar month of both parents

so that everyone meets during part of the month ".



8. In section 30b paragraph 1. 1 (b). (d)), the words "or 7" shall be replaced by the words ", 7, 10

or 15 ".



9. in section 30b paragraph 1. 1 at the end of the text of the letter g), the words "or 3,

or as to the entitlement to parental benefit pursuant to § 30 para. 1

(a). e) point 3 ".



10. In section 30b paragraph 1. 2 (a). (d)), the words "4 hours" shall be replaced by the words "6

hours "and the words" school in the range not exceeding 4

hours per day "are replaced by the words" the preparatory class of the primary school or

school providing primary or secondary education ".



11. In § 32 para. 1 at the end of subparagraph (c)) is replaced by a comma and dot

the following point (d)), which read as follows:



"(d)) $ 3,000 a month, with respect to parental benefits in lower area.".



12. In article 59 paragraph 2. 3, the words "the Office of State social support" are replaced by

the words "Office work".



13. in § 63 para. 8, the words ", the regional offices and the authorities conducting

State social support "are replaced by the words" and the authorities of the State social

support ".



14. in § 64 para. 1, the first sentence is replaced by the phrase "Workers United

Republic and the region's inclusion in the staff of the regional office shall be required to

maintain the confidentiality of the facts, that the

the implementation of State social support or in direct connection with him, if

to further provide otherwise. ".



15. In § 64 para. 1 third sentence, the words "employees of these bodies"

replaced by the words "the workers".



16. in § 64 para. 2, the words "referred to in paragraph 1" shall be replaced by

"State social assistance".



17. in § 64 para. 3 of the introductory part of the provisions, the words "referred to in paragraph

1 "shall be replaced by the words" State social assistance ".



18. in § 64 para. 3 (b). g), the words "referred to in paragraph 1" shall be replaced by

the words "State social assistance".



19. in § 64 paragraph 5 is added:



"(5) the employment offices are required to provide the information and data referred to in

paragraph 4 (b). and also to the competent regional authority). ".



20. In § 64a para. 1, the words ", the regional offices and the authorities conducting

State social support "are replaced by the words" and the authorities of the State social

"and the words" support of the regional authorities and the authorities of carrying out State social

support "shall be replaced by the words" State social assistance ".



21. In article 65 paragraph 1. 4, the second sentence is replaced by the phrase "the fines imposed by the authorities

work are the State budget revenue, fines imposed by regional authorities

the budget of the region are receiving that fine imposed. ".



22. in paragraph 65, paragraph 6 is added:



"(6) the Fines collected body of State social support that is saved.

Fines imposed by the authorities of the work are the State budget revenue, fines

regional authorities are stored tv budget of the region, that the fine

saved by. The fine enforced by the competent Customs Office. ".



23. in paragraph 65, paragraph 7 shall be deleted.



24. In paragraph 67, at the end of paragraph 1, the following sentence "application can be filed

no earlier than 60 days before the date on which the person entitled for the benefit of the State

social assistance is requested. ".



25. In § 68 para. 1 (b). (e)) at the end of paragraph 2, the words "and

of the child, which constitutes or could constitute a right to parental

contribution referred to in section 30 paragraph 2. 1 (b). e) point 3 ".



26. in § 68 para. 1 (b). e) of paragraph 4, the words "elementary school special"

replaced by the words "in the preparatory class of the primary school or school

providing basic or secondary education ".



27. in § 68 para. 4, after the word "authority" the words "State social

support ".



28. the following section is inserted after section 70, 70a, which including the title reads as follows:



"section 70a



Preparation of documents



When a copy of the notice and other documents with the use of automated


computing techniques can be these notices and other documents released with the

the advent of the stamp of the Office and with pre-printed name, surname and features

authorized persons. The preceding sentence shall not apply in the case of compilation and issue of the

decision. ".



29. in § 71 paragraph 1 reads:



"(1) a judgment given pursuant to this Act the authorities during the administrative procedure

the work of reviewing the regional authority. ".



30. § 72, including the title reads as follows:



"§ 72



The costs of proceedings



The authorities of the State social support, the Ministry of labour and Social Affairs,

Parties to the proceedings and persons assessed are not entitled to compensation

the costs incurred in the proceedings about the doses. ".



31. section 73b:



"section 73b



Regional authorities in the field of State social support they provide to the employment

technical and methodological assistance and control their activities in

State social support; for control over the activities of employment agencies in the

State social support shall apply mutatis mutandis the provisions of the law on

counties (County establishment) on the control by the municipalities and the law

the capital city of Prague on the control by the authorities of urban

parts and more scope in the exercise by the authorities

urban parts. ".



Article. (II)



Transitional provisions



1. On the Office work of the city of Prague are switching on 1. January 12, 2009

the rights and obligations of labor relations of employees of city

parts of the capital city of Prague included to work in the offices of the city

parts of the capital city of Prague, who at 31. December 2008, perform the task in

the implementation of State social support.



2. the urban part of the city of Prague agree with employees

referred to in point 1 of the transfer of rights and obligations of labor relations

on the State – Bureau of labor capital city of Prague. Such limitations

is binding.



3. the administrative procedures in the field of State social support brought to 31.

December 2008, offices of the city districts of Prague and finally

the unfinished Office work completes the capital city of Prague. The deadline for the release of the

the decisions in these cases extend to 30 working days from the date of

entry into force of this Act.



4. applications for State social support benefits for the period from 1. January 2009

applied after 31 December 2005. December 2008, the Labour Office assessed capital

Prague.



5. Enforcement of judgments decreed by the authority of the Borough of the city of Prague

in the field of State social support that is enforceable, launched

until 31 December 2006. December 2008 and the performance of the final decision in this area,

that could not be initiated until 31 December 2006. December 2008, completes, or performs

The Labour Office of the city of Prague; proceeds from the performance made the decision

are State budget revenue.



6. the authorities of the urban parts of the city of Prague to be conducted for all

documents in the field of State aid, which on 31 December 2007.

December 2008 populates the discarding periods, discarding the proceedings.



7. The document on the basis of which the State provides social support,

and the documents concerning the administrative proceedings referred to in paragraph 4 shall transmit to the

authorities of the districts of Prague Bureau of labor capital

Prague on 1 January. January 1, 2009.



8. Accounts receivable arising from the activities of urban areas

the city of Prague under the Act on State social support, as amended by

valid until 31 December 2006. in December 2008, starting the day 1. January 12, 2009

claims of the United States, which is the competent Authority to manage

the work of the city of Prague.



9. Proceedings in cases where the scope went from territorial tax

the authorities at the Customs offices, initiated by the territorial financial authorities prior to the date

entry into force of this Act, completes the authority before which the proceedings were

started.



10. the competent districts are required to tolerate the location of the transferred

employees in the existing premises, including the service area for

rent not exceeding the amount of the rent in place of the usual and payment

proven operating costs until 31 December 2006. December 2010 unless

otherwise agreed.



11. the right to parental benefit in the lower area under article 87(3)(a). I, points 5 and 6

shall be granted, on application, at the earliest from the effective date of this Act.



12. the right to parental benefit pursuant to § 30 para. 1 (b). (e)) of the

State social support in the version in force from the date of entry into force of

This Act shall be granted without a request, if the parental allowance

belongs to 31. December 2009 and also after this date.



PART TWO



Amendment of the Act on social and legal protection of children



Article. (III)



Act No. 359/1999 Coll. on social and legal protection of children, as amended by law

No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act

No. 320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act

No. 52/2004 Coll., Act No. 315/2004 Coll., Act No. 435/2004 Coll., Act

No 501/2004 Coll., Act No. 57/2005 Coll., Act No. 381/2005 Coll., Act

No 112/2006 Coll., Act No. 135/2006 Coll., Act No. 165/2006 Coll., Act

No 176/2007 Coll., Act No. 124/2008 Coll., Act No. 259/2008, Coll., Act

No 297/2008 Coll. and Act No. 305/2008 Coll., is amended as follows:



1. in section 19 para. 4, the words "State social assistance" shall be replaced by

"work or the Employment Office of the capital city of Prague".



2. In § 51 para. 5 (b). and section 5), the words "State social assistance"

replaced by the words "the work and the work of the Office of the city of Prague".



Article. (IV)



Transitional provision



Claims incurred before 31 December. December 2008 on the basis of proposals

submitted by the authorities of the urban part of the city of Prague under Act No.

359/1999 Coll., in the version in force until the date of entry into force of this Act,

they are starting on January 1. in January 2009 the claims of the State with which the

the competent labour office to manage the city of Prague.



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. in January 2009, with the exception of article. (II) point

2, which shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.