168/2005 Sb.
LAW
of 23 December 2003. March 2005,
amending Act No. 117/1995 Coll., on State social support, in
as amended, and certain other laws
Change: 189/2006 Sb.
Change: 329/2011 Sb.
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. and act
No 124/2005 Coll., is amended as follows:
1. In paragraph 40, the dot at the end of paragraph 2 is replaced by a comma and the following
the words "unless otherwise provided".
2. In article 40, paragraphs 3 and 4, including footnote No 48 repealed.
3. under section 40, the following new section 40a and 40b, including title and
footnote No 48:
"§ 40a
Foster parent allowance in specific cases
(1) the amount of the remuneration of foster parent make in a calendar month product amounts to
personal needs of the foster parent and the coefficient
and) 3.00, takes care of the foster parents at least 3 children entrusted to foster
care, such remuneration shall be increased by the product of the amount for personal needs
a foster parent and the coefficient 0.60 for the fourth and each further child entrusted to the
foster parents in foster care, or
(b)), taking care to 3.30 foster parents at least one long-term heavily disabled
disabled child requiring extraordinary care entrusted to foster
care, such remuneration shall be increased by the product of the amount for personal needs
a foster parent and the coefficient 0.60 per each additional child care entrusted to
foster care or increases by the product of the amount for personal needs
a foster parent, and factor 0.90 per each additional child care entrusted to
foster care, if the child suffers a disability
requiring special care.
The remuneration referred to in points (a) and (b))) for the purposes of special legal
^ Law 48) be treated as a salary.
(2) foster parent allowance referred to in paragraph 1 shall be payable only if the foster parent was not
throughout the calendar month is gainfully employed throughout the calendar month
the conditions referred to in paragraph 1. Foster parent allowance referred to in
paragraph 1 shall be payable even after the foster parents for temporary incapacity for work
a foster parent, but no longer than for a period of one month of its duration.
section 40b
The conditions for entitlement to foster
(1) if the foster parent foster care in facilities for the performance of
foster care and is therefore provided by remuneration for foster
care under special legislation, 49a) foster parent allowance under section 40
and 40a does not belong.
(2) if the child is entrusted to foster parents in full direct provision of the Institute
(device) for the care of children or youth (article 7, paragraph 4, second sentence) or in
the care of another person on the basis of a decision of the competent authority of
the child into care replacing parental care (§ 7 para. 12), the reward
foster parents for taking care of these children according to § 40 paragraph 2. 1 does not belong and to these
children shall be disregarded when determining the remuneration pursuant to section 40a.
48), for example, Act No. 586/1992 Coll., as amended,
Act No. 54/1956 Coll., on sickness insurance of employees, as amended by
amended, Act No 155/1995 Coll., as amended
regulations. ".
4. In § 43 para. 3, the words "up to 40" is replaced by "b".
5. § 51 para. 4, after the words "§ 36 (a). (b)) "the words", with the
the exception of the remuneration of foster parent under section 40a, ".
PART TWO
cancelled
Article II
cancelled
PART THREE
Amendment of the Act on pension insurance
Article. (III)
In § 5 para. 1 Act No. 155/1995 Coll., on pension insurance, as amended by
Act No. 138/1997 Coll., Act No. 220/1999 Coll., Act No. 18/2000 Coll.
Act No. 129/2000 Coll., Act No. 115/2001 Coll., Act No. 361/2003 Coll.,
Act No. 424/2003 Coll., Act No. 359/2004 Coll. and Act No. 436/2004
Coll., the letter k), including footnotes # 5a and 5b:
"to) foster parents who perform foster care in facilities for the performance of
foster care under a special legal regulation, ^ 5a) or which is
for foster care remuneration payable to foster parents in
special cases under special legislation, ^ 5b)
5A) § 44-47 of Act No. 359/1999 Coll. on social and legal protection of children.
5B) § 40a of the Act No. 117/1995 Coll., on State social assistance, as amended by
Law No 168/2005 Coll. ".
Footnote No. 5a is referred to as a footnote
# 5 c, including the reference to the footnote.
PART FOUR
Amendment of the Act on the Organization and implementation of social security
Article IV
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the 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 No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll. and Act No. 501/2004 Coll., is amended
as follows:
1. canceled
2. In section 36 m) is added:
"(m)) of foster parents, who have been in foster care in facilities for the performance of
foster care under a special legal regulation, ^ 71a) founder
This device, and for foster parents, who are in foster care
remuneration payable to foster parents in special cases according to the
a special legal regulation, ^ 71b) authority, which paid a reward. "
PART FIVE
Amendment of the Act on social security and a contribution to the State
employment policy
Article. In
In section 3, paragraph 3. 1 (b). c) of Act No. 589/1992 Coll., on social
Security and contribution to the State employment policy, as amended by
Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No. 160/1995 Coll.
Act No. 18/2000 Coll., Act No. 132/2000 Coll., Act No. 309/2002 Coll.
Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 359/2004 Sb.
and Act No. 435/2004 Coll., section 10 including the footnotes # 1 c and 1 d
added:
"10. the foster parents, who have been in foster care in facilities for the performance of
foster care under a special legal regulation, ^ 1 c) or which is
for foster care remuneration payable to foster parents in
special cases under special legislation, ^ 1 d)
1 c) § 44-47 of Act No. 359/1999 Coll. on social and legal protection of children.
1 d) § 40a of the Act No. 117/1995 Coll., on State social assistance, as amended by
Law No 168/2005 Coll. ".
PART SIX
Amendment of the Act on public health insurance
Čl.VI
In section 5 (b). and Act No. 48)/1997 Coll., on public health insurance, and
about amendments to related laws, as amended by Act No. 18/2000
Coll., Act No. 132/2000 Coll., Act No. 309/2002 Coll., Act No. 361/2003
Coll., Act No. 424/2003 Coll., Act No. 359/2004 Coll. and Act No.
436/2004 Coll., section 11 including the footnotes # 1 c and 1 d:
"11. the foster parents, who have been in foster care in facilities for the performance of
foster care under a special legal regulation, ^ 1 c) or which is
for foster care remuneration payable to foster parents in
special cases under special legislation, ^ 1 d)
1 c) § 44-47 of Act No. 359/1999 Coll. on social and legal protection of children.
1 d) § 40a of the Act No. 117/1995 Coll., on State social assistance, as amended by
Law No 168/2005 Coll. ".
PART SEVEN
cancelled
Article. (VII)
cancelled
PART EIGHT
Amendment to the Employment Act
Article. (VIII)
In § 25 para. 1 of Act No. 435/2004 Coll., on employment, the letter q)
including the footnotes # 30 and 30a is inserted:
"q) foster parent, carrying out foster care in facilities for the performance of
foster care under a special legal regulation, 30) or to whom it ^ ^ is
for foster care remuneration payable to foster parents in
special cases under special legislation, ^ 30a)
30) § 44-47 of Act No. 359/1999 Coll. on social and legal protection of children.
30A) § 40a of the Act No. 117/1995 Coll., on State social assistance, as amended by
Law No 168/2005 Coll. ".
PART NINE
The EFFECTIVENESS of the
Article. (IX)
This Act shall take effect on the first day of the second month following
After the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
