75/1997 Coll.
LAW
of 19 December 2003. March 1997
social contribution to offset the price increase of thermal energy
Change: 242/1997.
Parliament has passed the following Act of the Czech Republic:
§ 1
Social contribution to offset the price increase of thermal energy
To mitigate the social consequences of the increase in the price of heat energy supplied to the
heating apartments provides special social benefit the State as a social
contribution to compensate for the increase in the prices of thermal energy (hereinafter referred to as
a "contribution").
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 is
the owner or the tenant of the apartment, situated in the property, which
the owner, holder or administrator who is a customer of thermal energy
to heat the House or objects it produces, has been on the year 1997
and) granted in May 1997, an aliquot of the calculated annual amount of subsidy
According to a special regulation ^ 1), or
(b)) at the latest in May 1997 she was granted this subsidy in a lump sum.
(2) a condition of entitlement to the allowance is that
and the decisive family income below) of the amount of the product of the minima
the family and the coefficient of 1.60,
(b)) 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
specific ^ 2) (hereinafter referred to as "permanent residence"), and
(c)) and the authorized person person together with her investigation (section 4) could be written
consent to State authorities, legal and natural persons have communicated
the competent authority which shall decide on the contribution or paid the amount of the
the income of such persons and information about logging on to permanent residence.
(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 and the capital city of Prague
Prague (hereinafter referred to as "local office"), which decides which of the contribution from
These people will post admits.
§ 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 in which the
the entitlement to the allowance.
(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. ^ 2)
(2) to the person that held military or alternative service, in
The army of the Czech Republic or the civil service, and to the person who is in
detention or imprisonment, are taken into account to the extent and for the
the conditions referred to in section 7 (2). 7 and 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. ^ 2)
§ 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. ^ 3) 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.
§ 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 were met.
entitlement to the allowance, or
(b)) in the periods calendar quarter referred to in point (a)) for the period
shorter, if the conditions were right to post just after this shorter
period of time.
(2) the contribution of the persons referred to in section 2 (2). 1 (a). (b) from the first) belong
January 1, 1998.
(3) the Post belongs to when conditions until 30 June. June 2000.
section 7 of the
The amount of the contribution
(1) the amount of the contribution is for the calendar month the difference between mid-
the cost amount of the household allowance the amount laid down in paragraph 2 and, in the
which the numerator is the product of the halves of the cost amount of the household allowance in the amount of
laid down in paragraph 2 and the applicable income in the family and in the denominator is
the product of the subsistence minimum for the family and a coefficient of 1.60.
(2) For the calculation of the contribution referred to in paragraph 1, the amount of the cost of
household reallocated from
and) 1. to 30 July 1997. June 1998 in the amount of 100%,
(b)) 1. July 1998 to 30. June 1999 in the amount of 70%,
(c)) 1. July 1999 until 30 June. June 2000 in the amount of 40%.
(3) If the decisive income of the family, which is based in the determination
the share referred to in paragraph 1, does not reach 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.
(4) if the amount of the contribution does not exceed the amount of $ 50 per calendar month,
increases to the 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.
§ 9
Entitled to the allowance and the payment of
(1) the entitlement to the allowance or part shall lapse on the expiry of one year from the
the date for which the post belongs to, unless otherwise specified.
(2) 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.
(3) the contribution cannot be considered before 1. July 2000 to admit, has not been
entitled to apply before 1. October 2000.
§ 10
The obligations of the State authorities, employers and other persons
(1) the State authorities, other legal and natural persons are obliged, if
the condition referred to in section 2 (2). 2 (a). (c)), at the invitation of the competent
District Office, which decides about the contribution, or at the request of the applicant for
post to convey the applicable data free of charge under this law for the claim
at the post, or the amount of the payment.
(2) the financial authorities providing subsidies under the special předpisu1)
obliged to 15. July 1997 sent to the District Office for a list of real estate
with apartments located in the territorial jurisdiction of the district and in Prague on the territory of the
the capital city of Prague, where the owners, holders or administrators
These real estate was as customers or producers of thermal energy
granted for the year 1997 in the manner referred to in section 2 (2). 1 subsidies according to the
special regulation. ^ 1)
§ 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
a person reported to be permanent residence. ^ 2)
§ 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
Application for the post must contain the
and) name, surname, birth number of authorised persons and persons, together with her
assessed in accordance with section 4, and place of permanent residence, to which they are referred
persons reported,
(b) the consent of the authorized person and) together with her examined persons according to § 2
paragraph. 2 (a). (c)),
(c)) to determine how the contribution is to be paid (section 58, paragraph 3
the Act on State social support),
(d) confirmation of income) (section 3) beneficiaries and persons, together with her
assessed in the applicable period.
§ 14
Final provisions
(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 be in accordance with the law
on State social support, according to the
and § 5 (3)). 7, with respect to the conversion of income from abroad to the Czech currency,
(b)) § 24, paragraph. 2, with respect to the definition of who is considered to be the owner of the apartment,
(c) section 51, paragraph). 3 (a). 4 sentences first, as regards the determination of the amount of the
the allowance, if they are satisfied the conditions for entitlement to the allowance and the amount of just
After part of the calendar month,
(d) 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,
(e) section, paragraph 57). 1 the second and third sentence and paragraph. 4, § 58 paragraph. 3, § 59 and 60,
If the payment of the allowance,
(f) section, paragraph 61). 1 and 2, section 62, paragraph. 1 the first sentence and paragraph. 2, if the
obligation of the authorized person,
(g) section, paragraph 63). 3, section 64 and 65, with respect to the obligations arising from the
the granting of compensation and its control
(h) section, paragraph 68). 3, 4, 6 and 7 and § 68a, if the facts,
I) section 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 ^ 4) ^ 5) fees.
§ 15
The effectiveness of the
This law shall enter into force on 1 January 2005. July 1997.
Zeman in r.
Havel in r.
Klaus r.
1) Regulation of the Government No. 251/1994 Coll., laying down the conditions for the
provision and financial settlement of subsidies from the State budget on the
thermal energy supply for heating domestic objects.
2) § 4 of law No. 135/1982 Coll. on reporting and registration of residence of citizens.
§ 7 and § 19 paragraph. 3 of Act No. 123/1992 Coll., on stay of foreigners on the territory of the
The Czech and Slovak Federal Republic, as amended by Act No 150/1996
SB.
3) Act No. 463/1991 Coll., on the minimum, as amended
regulations.
4) Law No 549 CNR/1991 Coll. on court fees, as amended by
amended.
the CZECH NATIONAL COUNCIL Act No. 5) 368/1992 Coll., on administrative fees, as amended by
amended.
