113/2006 Sb.
LAW
of 14 July 1999. March 2006,
amending Act No. 117/1995 Coll., on State social support, in
as amended, Act No. 99/1963 Coll., the code of civil procedure,
as amended, Act No. 141/1961 Coll., on criminal court proceedings
the Court (code of criminal procedure), as amended, and Act No.
279/2003 Coll. on the execution of the property and things in criminal proceedings and on
amendments to certain laws
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. 218/2005 Coll., Act No.
377/2005 Coll., Act No. 381/2005 Coll. and Act No. 552/2005 Coll., is amended
as follows:
1. in article 1, the following paragraph 3, including footnote # 1
added:
"(3) this law shall apply to legal relationships that are not covered by
directly applicable European Community law in the field of State
social benefits referred to in section 21).
1 Council Regulation EEC) 1408/71 of 14. June 1971 on the application of systems
social security schemes to employed persons, to self-employed
and members of their families moving within the community.
Council Regulation EEC 574/72 of 21. March 1972 laying down the procedure for carrying out
Regulation EEC 1408/71 on the application of systems of social security schemes to persons
employed, self-employed and members of their families
moving within the community. Council Regulation EEC No. 1612/68 of 15.
October 1968 on freedom of movement for workers within the community. ".
The present note after footnote # 1, 1a and 1b are referred to as comments below
line no. 1a, 1b and 1 c, including the references to footnotes.
2. In paragraph 2 (a). b) point 2 is added:
"2. the school supplies,".
3. in § 5 para. 1 letter b) including the footnotes # 3a to 3 h:
"(b)) which are referred to in section 4, paragraph 4. 1 and § 6 para. 9 of the law on
income tax exempt from income tax, they are:
1. revenue from the operation of small hydroelectric power plants in the power of 1 MW, the wind
power plants, heat pumps, solar thermal plants, plants for the production
and the energy use of biogas and wood gas, plants for the production
electricity or heat from biomass, equipment for manufacture of the biological
degradovatelných substances stipulated by special legislation,
the device on the use of geothermal energy, and to the extent and under the conditions
under what are exempt from income tax under the Tax Act
income,
2. income received in the performance of the maintenance obligation or compensation for
This income according to family law, or similar services provided from
abroad,
3. the surcharges for Standartenführer Dr. Hans nockemann and belonging to the service or training in adverse
conditions or in difficult and harmful conditions and compensation
at military exercises provided by the armed forces soldiers in
basic preparation, students of the schools, who are not soldiers in active service,
soldiers in ambush ability to exercise and active soldiers in ambush
voluntary under special legislation ^ 3a)
4. monthly allowance for living, výsluhový post, surrender and
the transitional allowance provided by the soldier of occupation under a specific legal
prescription ^ 3b),
5. the transitional allowance and výsluhový contribution provided by the national
security forces under a special legal regulation ^ 3 c),
6. the revenue from the transfer of membership rights of the cooperative, from the transfer of property
shares of the transformed cooperative ^ 3d), unless it is a sale of securities
securities, exceeds the time between acquisition and transfer for five years, and that in the
the extent and under the conditions, under which are exempt from income tax pursuant to
the income tax Act,
7. income as a substitute for an easement arising by operation of law or
by a decision of a public body under a special legal regulation ^ 3e)
8. compensation for loss of income (salary) in the staff provided by the
members of the armed forces and security forces under a special
law ^ 3f)
9. the wage compensation paid under the special legislation for the 3 g) ^ ^
the amount of the difference between the benefits of sickness insurance,
10. compensation for loss of income granted under the labour code during
1. January 1989 and paid after 31 December 2006. December 1992,
11. the special surcharge provided for in foreign currency, members of the armed
forces and the security forces posted in the framework of the UNITED NATIONS peace-keeping forces units
outside the territory of the United States of ^ 3 h) for action abroad,
12. severance pay in accordance with Decree No. 19/1991 Coll., on the application and
the material security of workers in the mining industry in the long term unfit for
the work, as amended by Decree No. 405/2003 Coll., paid
the workers reclassified or released on medical grounds for
work risk of occupational illness, work-related injury or illness
emerging or deteriorating due to the working environment,
after deducting the expenses incurred for their attainment, safeguarding and
the maintenance and other expenses odpočítávaných of such revenue according to law
on income tax, which for this purpose shall establish, by analogy, as such
expenditure for the determination of the tax base under the Act on income taxes,
3A) § 74 et seq. Act No. 220/1999 Coll., on the course of basic or
alternative service and military exercises and on certain legal conditions
soldiers in an ambush.
3B) § 61 para. 4 and § 131 of Act No. 221/1999 Coll., on professional soldiers,
as amended by Act No. 254/2002 Coll.
3 c) section 155 and 157 of Act No. 361/2003 Coll., on the service of members of the
security forces.
3D) Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of
property claims in cooperatives, as amended.
3E), for example, Act No. 13/1997 Coll. on road traffic, as amended by
amended.
3F) § 117 and 118 of the Act No. 221/1999 Coll., as amended by Act No. 254/2002 Coll.
§ 102 et seq. Act No. 361/2003 Coll., as amended by Act No. 435/2004 Coll.
3 g) § 7 para. 2 Decree No. 19/1991 Coll., on the application and
the material security of workers in the mining industry in the long term unfit for
the work, as amended by Decree No. 405/2003 Coll.
3 h) § 11 (1) 2 Act No. 143/1992 Coll., on salary and remuneration for work
stand-by in budgetary and certain other organizations and
bodies, as amended. ".
4. in § 5 para. 3 (b)), and (c)):
"(b)) in (b)) points 2 to 9 and 11 in the calendar year in which they were
paid,
(c)) in (b)), paragraphs 10 and 12 in the calendar year in which they were
payer posted ".
5. § 5 para. 4 (b). (c)), the words ", in the case of the revenue referred to in point
1, with the exception of income referred to in section 4, paragraph 4. 1 (b). (e)) of the tax law
income, and in paragraphs 2 to 6 and section 6 (1). 9 (a). (j)), l) and p) Act
income taxes "shall be replaced by the words" paragraphs 2 to 9 and 11 ".
6. in § 5 para. 4 (b). (d)), the words ", in the case of the revenue referred to in paragraph 6
paragraph. 9 (a). m) and with a) of the income tax act "are replaced by the words" points
10 and 12 ".
7. in § 5 para. 5, the words "§ 4 paragraph 2. 1 (b). (e)) of the tax law
income "shall be replaced by" paragraph 1 (b). (b) point 1) ".
8. in § 5 para. 6, the words "§ 4 paragraph 2. 1 (b). (e)) of the tax law
income "shall be replaced by" paragraph 1 (b). (b) point 1) ".
9. In paragraph 7, at the end of paragraph 5, the following sentence "under the same conditions
as in the first sentence shall be disregarded in the case of social allowance, the
the child who is in the personal care of a person who does not have the child maintenance
the obligation, if the trial of the provisions of this person
the guardian of the child (article 43, paragraph 3). ".
10. in article 7, paragraph 10 shall be deleted.
Paragraphs 11 and 12 shall become paragraphs 10 and 11.
11. in paragraph 7, the following paragraph 12, which reads as follows:
(12) as well as the decision of the competent authority referred to in paragraph 11, the
for entitlement to benefits of State social support be assessed, pending the decision
the Court, filing a court case to court on the provisions of the
the person to be a guardian of the child, when the person of the child, to which it does not have
maintenance obligation personally cared. ".
12. in § 12 para. 1 (b). and) point 1, the words "for a period of military
the base or replacement services, civil service, or ' shall be deleted.
13. in paragraph 24, at the end of paragraph 2 the following sentence "For the duration of the
tenancy relationship, for the purposes of entitlement to housing benefit and
the time between the end of the tenancy and the last day of the deadline for vacating
the flat under § 712a of the civil code, the time between the termination of membership in
Housing Association to provide housing compensation under section 714 of the civil
code, and the period of service since the death of the tenant of the apartment, from divorce to his
marriage or its permanent abandonment of a common household in the
ensure the appropriate substitution of the apartment to the beneficiaries in accordance with § 713
of the civil code. ".
14. in section 30 paragraph 2. 2 (a). (c)), the words "(§ 7 para. 12) "shall be replaced by
"(§ 7 para. 11 and 12).
15. in § 31 para. 2 (a). (b)), the words "for a period of military base
(replacement) service, civil service, or ' shall be deleted.
16. Part three, chapter six, including title and footnotes # 47c
added:
"Chapter six
Contribution to school supplies
§ 33
The conditions for entitlement to the allowance for school supplies
(1) is entitled to the child's school supplies, which were registered
to write to the compulsory school under a special legal
prescription ^ 47c) and is entitled to child benefit.
(2) the entitlement to the allowance arises on school supplies baby
and on January 1.) June of the calendar year in which the child was registered to
write to compulsory education, if not before that date
decided on the delay of compulsory education of that child,
b) on January 1. June of the calendar year following the calendar year in
which the child was registered to write to compulsory education, if
about the postponement of compulsory education of that child, it was decided to 1.
June of the calendar year in which it was registered to write the obligatory
schooling, and if no decision to delay again
compulsory schooling to 1. June of the calendar year following the
the calendar year in which the child was registered to write the compulsory school
attendance,
(c)) on 1 July. June of the calendar year following the 1. June
calendar year set for entitlement under subparagraph (b)),
If the post was not referred to in subparagraph (b)) granted because it was
Once again decided to delay the mandatory school attendance, if this
the child is entitled to child benefit for the month of may, immediately
the previous 1. June, in which the child is entitled to the allowance on
school supplies.
(3) the contribution of the school supplies child only once.
§ 34
The amount of the contribution to the school supplies
(1) the amount of the contribution to the school supplies is $ 1,000.
(2) contribution to the school supplies shall be paid in one lump sum.
§ 35
Payment of the allowance for school supplies
(1) school supplies allowance shall be paid to the person who has the child in
direct provision. If the child is in the direct provision of more people, it pays to
contribution to the school supplies to the person designated on the basis of the agreement of the people.
Unless these persons shall be determined by the Office of State social support, which
the contribution shall be decided by which of these people will post on the school
utilities paid.
(2) if the child is, on the date on which entitlement to the allowance for school supplies in
full direct provision of the Constitution (the device) for the care of children or youth,
This contribution shall be paid to that institution (the device).
47c) § 36 and 37 of Act No. 561/2004 Coll. on pre-school, primary,
secondary, higher vocational and other education (the Education Act) ".".
17. in § 37 para. 4, the words "(§ 7 para. 12) "is replaced by" (§ 7
paragraph. 11) or in the care of the person referred to in § 7 para. 12. "
18. in section b, paragraph 2. 2 the words "(§ 7 para. 12) "is replaced by" (§ 7
paragraph. 11 and 12).
19. in § 41 para. 1, the words ", or the person to whom the child has been before
decision of the Court to grant custody of child in foster care custody
substitute parental care [§ 7 para. 12 (b), (f))] "be deleted.
20. In § 43 para. 3 the first sentence, the words "up to 40b" shall be replaced by "up to
42. "
21. in § 43 para. 3 the second sentence, after the words "duty of", the words "and
This child ".
22. In article 46, paragraph 1 reads:
"(1) the one-time payment amounts,
and if you were born) one child, the product of the amount for personal needs of this
the child and the coefficient of 10.00,
(b)) were born at the same time, if two or more children, the product of the sum of the amounts on
the personal needs of these children and of the coefficient of 15.00. ".
23. in § 51 para. 4, the words "§ 2 (b). (b) # 2.0) "are deleted.
24. In § 54 para. 2, the words "and (c). (b)) points 1 and 2 shall be replaced by
§ 2 (b). (b) point 1) ".
25. In § 54 para. 3, after the word "points" is inserted after "2."
26. in § 54 para. 3 the following letter a), which reads as follows:
") from the date 1. June, year in which the entitlement to post on
school supplies, if the entitlement to this allowance, ".
Letters and) to e) shall become letters (b)) to (f)).
27. in § 57 para. 1, the words "paragraphs 1, 2 and 4 shall be replaced by" paragraphs 1
and 4 ".
28. in § 57 para. 2, the words "paragraph 5, section 2 (a). (b) point 6 shall be replaced by ")
the words "paragraphs 2, 5 and 6".
29. in § 58 para. 2, the words "paragraphs 1, 2 and 4 shall be replaced by" paragraphs 1
and 4 ".
30. In article 61, paragraph 6 shall be deleted.
31. in section 63a of the paragraph. 1, the first sentence is inserted after the first sentence with the sentence "
also apply to the public authorities, if the performance of their duties pursuant to section
63 as the employer of the person whose data is for the claim or the amount of benefit
finding. ".
32. In paragraph 65, at the end of the text of paragraph 1, the words ", if it is not further
unless otherwise provided ".
33. In paragraph 65, at the end of paragraph 2 the following sentence "the second sentence applies
Similarly, for the authority to check the State authority which fulfils the obligations
pursuant to section 63 as the employer of the person whose data is for the claim or the amount of
dose finding. ".
34. In article 65, paragraphs 4 and 5 shall be deleted.
The present paragraph 6 becomes paragraph 4.
35. In article 65 paragraph 1. 4, the first sentence is replaced by the phrase "fined
stored in accordance with paragraph 3 of the collected and enforced the authority of State social
the aid, whose employee fined order. ".
36. under the fourth head of the second piece is inserted after the third episode of the fourth, which
including the title reads as follows:
"Part of the fourth
Administrative offences
Section 1
Misdemeanors
§ 65a
(1) a natural person, with the exception of the persons referred to in paragraph 2, is guilty of an
the offense that fails to comply with the obligation to disclose pursuant to § 63 para. 1 free of charge
details applicable under this Act for entitlement to benefit, the amount or
payout.
(2) a natural person who is a qualified person, the person concerned together
or the beneficiary, is guilty of an offence by
fails to comply with the obligation to certify) the grounds for the duration of the right to
dose, the amount or payment, or report changes to these facts
According to § 61 para. 1 to 4 within a specified period, or
(b)) shall not make, within the prescribed period the health status or
Another expert examination in the cases referred to in § 61 para. 5.
(3) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 250 000, and for
offence referred to in paragraph 2 can impose a fine of up to $ 10,000.
Section 2
Administrative offences of legal persons and natural persons-entrepreneurs
section 65b
(1) a legal entity or individual entrepreneur is committed by the administrative
offense that fails to comply with the obligation to disclose pursuant to § 63 para. 1 free of charge
details applicable under this Act for entitlement to benefit, the amount or
payout.
(2) If a legal entity or individual entrepreneur recipient
levy, is guilty of an administrative offense, if the notification fails to comply with
the obligation provided for in § 61 para. 1 or fails to comply with the obligation to challenge
According to § 61 para. 2.
(3) for the administrative offence under paragraphs 1 and 2, you can impose a fine of up to 250 000
CZK.
Section 3
Common provisions
§ 65 c
(1) a legal person for the offence does not match, if it proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
authority of State social support for it has not initiated proceedings within 1 year from the date of
When they learned about it, but not later than within 3 years from the date on which the
committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with him, subject to the provisions of the law on
liability and sanctions legal persons.
(5) the proceedings for administrative offences at first instance is competent
and the authority of the State social support), that the communication of data, if it is
on administrative offence under section 65a of paragraph 1. 1 and section 65b para. 1,
(b)) the State social support, which should be the operative
communicated to or certified, or that called for the health status of
or other vocational examinations, in the case of administrative offences under section 65a
paragraph. 2.
(6) the Fines collected body of State social support that is saved.
Income from the fines imposed on the employment offices is State budget revenue,
income from the fines imposed on the regional authority's budget income of the County
income from the fines imposed on the municipality of the capital city of Prague is the tv
the budget of the city of Prague and the income from fines imposed by the authorities
the urban parts of the Statute of the capital city of Prague is the tv
the budgets of these districts. The fine exacted by the competent tax office.
(7) when the collection and recovery of fines imposed shall be treated under the law on
the administration of taxes and fees. ".
37. In § 68 para. 1 letter h) is added:
"h) certificate of registration of a child to compulsory education and
confirmation about whether there has been a delay of compulsory schooling, in the case of
entitled to the school supplies, ".
38. In § 68 para. 1 (b). I) after the word "foster parent" the words
"or a proposal, which was submitted to the Court on the legal proceedings concerning the
the provisions of the child's guardian of the person, if the person of the child, to which
does not have a maintenance obligation personally cared for. "
39. In § 68 para. 2 (a). and) point 3 is added:
"3. in § 5 para. 1 (b). (b)), paragraphs 3 to 12 ".
40. In § 68 para. 3, the words ", if it is about the revenue referred to in paragraph 4 of the
paragraph. 1 (b). k), m), o) to r), zb) and zf) and section 6 (1). 9 (a). (j)), l),
m), p) and with) of the income tax act "are replaced by the words" paragraphs 3 to 12 ".
41. In paragraph 68b) reads as follows:
"and also the PC report), published in electronic form
The Ministry of labour and Social Affairs ".
42. In paragraph 72, the current text shall become paragraph 1 and the following
paragraph 2, which including the footnotes # 21b and 21 c is inserted:
"(2) the State social support Benefits, which are not paid in a lump sum,
are subject to enforcement of a decision ^ 21b) just under the provisions governing the exercise of
the decision withholding ^ 21 c). State social support benefits that
are paid in one lump sum, are not subject to enforcement.
for example, § 21B) 251 et seq.. Code of civil procedure, section 78 of the administrative
regulations, section 73 of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
21 c) section 299 of the civil procedure. ".
Article. (II)
Transitional provisions
1. the procedure for fines, initiated before the date of entry into force of this
the law, and to this day finally unterminated, shall be completed by
the existing legislation.
2. the threshold income for the purposes of State social support benefits shall be
According to the provisions applicable from 1 January 2003. April 2006, in the case of State benefits
social support, on which entitlement has accrued after the date 31. March 2006, or
Retrieves the amount of relevant income under section 51 the Act on State
social support after 31 December 2006. March 2006.
PART TWO
To change the code of civil procedure
Article. (III)
In paragraph 299 of the Act No. 99/1963 Coll., the code of civil procedure as amended by Act No.
519/1991 Coll., Act No. 30/2000 Coll. and Act No. 435/2004 Coll.,
paragraph 3, the following paragraph 4 is added:
"(4) the provisions on the enforcement of wages shall apply to
enforcement deductions from social assistance benefits, which are not
paid in a lump sum. Enforcement of a decision concerning State social benefits
the aid, which are not paid in a lump sum, you cannot perform the commandments
claims. ".
The current paragraph 4 shall become paragraph 5.
Article IV
Transitional provisions
1. Unless otherwise provided, shall apply. (III) this Act for
the proceedings initiated before the date of entry into force of this Act and before this
on the day a final unfinished; the legal effects of the acts that have occurred in the proceedings
before the date of entry into force of this Act, shall remain in force.
2. For enforcement of the claim, the commandments has been
ordered before the date of entry into force of this Act and which affects
State social support benefits, which are not paid in a lump sum,
apply the existing legislation.
PART THREE
Amendment to the criminal procedure code
Article. In
In § 47 para. 5 of Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended by Act No. 175/1990 Coll., Act No. 25/1993 Coll.
Act No. 293/1993 Coll. and Act No. 279/2003 Coll., in subparagraph (b)) the word
"and" is replaced by a comma, in subparagraph (c)) at the end of the following, the word "and" and
subparagraph (c)), the following point (d)), which read as follows:
"(d)) the State social support benefits, which are not paid on a one-off basis".
PART FOUR
Amendment of the Act on the enforcement of the property and things in criminal proceedings and on
amendments to certain laws
Čl.VI
In section 3, paragraph 3. 2 Act No. 279/2003 Coll. on the execution of the property and Affairs of the
in criminal proceedings and on amendments to certain laws, (b), the word "and")
replaced with a comma, in subparagraph (c)) at the end of the following, the word "and" and
subparagraph (c)), the following point (d)), which read as follows:
"(d)) the State social support benefits, which are not paid on a one-off basis".
PART FIVE
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on 1 January 2000. April 2006.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
