Disability
Contens:
- Disability pension
- Employment of people with disabilities
- Assessment service
- Assessment service and the EU
- State social support benefits
- Social assistance benefits for people with disabilities
Disability pension
Full disability pension
An insured person may qualify for a full disability pension provided that:
- s/he has become fully disabled and has completed the required period of insurance and s/he has not fulfilled conditions for entitlement to old age pension on the date of the beginning of the full disability, or, if s/he has been awarded a permanently reduced early old-age pension for reasons of having not reached retirement age.
- s/he has become fully disabled as a result of an injury at work or an occupational disease
Partial disability pension
An insured person may qualify for a partial disability pension provided that:
- s/he has become partially disabled and was insured for the necessary period.
- s/he has become partially disabled as a consequence of an injury at work or an occupational disease
Partial disability pension and earned income
If the average earned income per month:
- does not exceed 66 per cent of the personal assessment base on which the pension was calculated and which was increased in relation to the general increase in wages in the period between granting the pension and the date of the earned income check (hereinafter "comparable assessment base"), the partial disability pension is paid in its full amount.
- is higher than 66 per cent but does not exceed 80 per cent of the comparable assessment base, the partial disability pension will amount to 50 per cent of the calculation base and 50 per cent of the percentage assessment.
- exceeds s 80 per cent of the comparable assessment base, the partial disability pension is not paid.
Partial disability pension is paid:
- in its full amount, if the total earned income in a calendar year does not exceed the sum of the minimum subsistence level multiplied by twelve (effective on 1st January of the relevant calendar year in which the average monthly income of the person concerned is assessed).
- regardless of earned income, if the person was awarded pension due to disability considerably aggravating his/her general living conditions. This type of pension is awarded even if the beneficiary works abroad. In other cases when the person concerned works abroad, the partial disability pension is not paid.
Employment of people with disabilities
People with disabilities receive a higher degree of protection in the labour market.
Vocational rehabilitation - continuous activity aiming at acquiring and maintaining suitable employment for a person with a disability, provided and financed, upon application, by the Labour Office. In co-operation with a person with a disability the Labour Office will compile an individual plan for vocational rehabilitation.
Training for a job - initial training of an individual with a disability for a suitable job based upon an agreement with the Labour Office. The training for a job may be performed with an assistant's support. The training lasts for a maximum of 24 months.
Specialised retraining courses - performed under identical conditions as other retraining.
Sheltered work positions and sheltered workshops
A sheltered work position is a position created by an employer for an individual with a disability based upon a written agreement with the Labour Office. A sheltered work position must be maintained for at least 2 years from the day specified in the agreement. A sheltered workshop is an employer's work unit in which a minimum of 60 per cent of the employees are persons with disabilities.
Contributions provided to employers
The Labour Office may award an employer a contribution towards the creation of a sheltered work position and a sheltered workshop. An employer who provided training for disabled individuals may receive full costs of such training for disabled individuals, from the Labour Office. An employer who employs more than 50 per cent persons with disabilities, out of the total number of employees, is entitled to a contribution.
Mandatory proportion of employment of persons with disabilities
Employers who employ more than 25 people are required to employ individuals with disabilities to the proportion of 4 per cent out of the total number of employees. The methods of meeting this obligation, that is employment relationship, acquisition of products and services or penalty payments to the state budget, are considered to be equivalent and may be mutually combined.
Assessment service
Benefits based on unfavourable health state
For the purposes of social security the assessment of health conditions is made by doctors of the district social security administrations (OSSZ). There are several exceptions to this rule, particularly in the sickness insurance and social services system.
In the sickness insurance system, temporary incapacity for work is confirmed by a general practitioner, who in some cases requires the consent of an OSSZ doctor. OSSZ doctors may also control the work of GPs concerning temporary incapacity for work and may decide upon the termination of a temporary incapacity by a decision of OSSZ.
In the social services system, assessment is not made by OSSZ doctors. If a health condition is to be assessed, the method of assessment depends on the opinion made by relevant social service authority or on the service provider directly.
Disagreement with an assessment
Assessment is not a decision and cannot be appealed. The assessment serves as background information for the body authorised by law to make decisions on a benefit or a service. An assessment is always requested by the body that decides upon the benefit or service.
In the event of disagreement with the decision made by the social security body, the case may be appealed to the superior body. An exception to this rule are benefit decisions on pensions or pension increases for helplessness, which can be appealed directly at court. Other matters may be submitted to court only after the completion of administrative appeal procedure; in some cases, no court action is possible.
For the purposes of the administrative appeal procedure, the assessments on health conditions are made by the MoLSA expert committees if, in the previous procedure, the opinion was given by an OSSZ doctor. The MoLSA expert committees also give assessments for the purposes of court action in the matter of action against decisions concerning pension benefits and pension increases for helplessness.
Rights and obligations of the assessment service
Assessment made by the assessment service body must be based on an objectively assessed health condition of an individual and must comply with the assessment criteria as stipulated in law or other generally binding legal regulations. When compiling an assessment the assessment body must study the medical reports and assessment made by specialists concerning the individual's health condition, and take into consideration the results of its own examinations. The body may also invite the assessed individual to undergo an examination in a designated health care institution. The assessed individual must be notified of the result of the assessment, including information regarding further possible action in her/his case.
Assessment service and the EU
Each EU country follows its own regulations and assessment categories in the assessment of health conditions.
If an individual is outside the country where s/he is entitled to benefits, s/he would not normally be required to return to her/his home country for the purpose of an assessment. In such cases, the state in which person is resident, may make a medical report that will be submitted to the State where the person is entitled to receive benefits. The State where person is entitled to benefits may then reserve the right to have the person examined by a doctor of its choice.
E-forms
Considering different organisation of assessment services in different EU countries, there are uniform European forms, so-called E-forms. In the Czech Republic the forms are completed in by GPs. However, the responsibility for the presentation of the form rests with the relevant institution.
Temporary incapacity for work
In the event of the temporary incapacity for work of a person who is subject to co-ordination of social security, that occurs in the Czech Republic, the person concerned may ask the GP in the Czech Republic to complete form no. E 116. The GP will submit the completed form, together with a domestic confirmation of temporary incapacity for work, to the patient who must then deliver both the forms to the relevant OSSZ according to the place of work of the GP, within three days. The relevant OSSZ doctor will authorise the E 116 form and OSSZ will send it, together with the Application for cash benefits in the event of temporary incapacity for work (E 115 form), to the relevant institution in the member state where the person concerned is insured.
Other claims based on unfavourable health state
In other cases, the GP only completes E-forms on request by the OSSZ. The OSSZ contacts the GP if it receives a request from the relevant institution in another EU member country for such an E-form to be completed in cases where a person insured by that institution is staying in the Czech Republic. This primarily concerns medical reports for the purpose of consideration of entitlement to disability pensions and family benefits.
State social support benefits
In the event of a disability, certain state social support benefits are awarded for longer periods of time (parental allowance) or in increased amounts (social allowance, recurrent foster care allowances). Applications for state social support benefits are processed by contact points of the relevant Labour Office according to the applicant's permanent residence. In the capital of Prague the agenda is performed by the District Authorities.
Parental allowance
Parental allowance is awarded at the basic rate of CZK 7,600 per calendar month from the day on which the child is diagnosed as a child suffering from a long-term disability or a severe long-term disability, until the child is 7 years of age.
Entitlement to the parental allowance belongs to a parent who takes proper care of a child, all day long for the whole calendar month. The condition of the all day long care of the child is fulfilled even where:
- a child regularly attends a rehabilitation institution or a special kindergarten or its class for disabled children or creche focusing on sight, hearing or speech impairments, physically disabled children or mentally retarded children, up to a maximum of 4 hours a day;
- a long-term disabled child or long-term severely disabled child regularly attends a pre-school institution up to a maximum of 4 hours a day, and a child of a school age regularly attends special primary school up to a maximum of 4 hours a day;
- a child attends pre-school institution up to a maximum of 4 hours a day, if sight or hearing impairment of both parents (single parent) reaches 50 per cent or more.
Social allowance
The right to receive the social allowance is tied to care of dependent child and to fixed family income limit. The family income must have been less than 2.0 times the family’s living minimum in the preceding calendar quarter. Parent's disability and levels of child's disability are reflected in increased amount of social allowance.
Foster child allowance
Foster child allowance is awarded to a child in foster care. The amount per calendar month equals to 2.30 times the living minimum for a healthy child, 2.35 times for a long-term ill child, 2.90 times for a long- term handicapped child, and 3.10 for a long-term severely handicapped child in foster care.
Foster parent allowance
The amount of the foster parent allowance equals to the living minimum of the individual for each (healthy) foster child. In special cases if the foster parent cares for more than 3 children or at least for one child who is a person dependent on care of another person with a dependency level of II, III, or IV the amount of this allowance per calendar month is calculated as multiple of the living minimum of the individual and a coefficient of 5.50.
Social assistance benefits for people with disabilities
Social assistance benefits for severely handicapped persons are provided in accordance with Decree by the Czech Ministry of Labour and Social Affairs no. 182/1991 Coll., to Implement the Act on Social Security and Act on Jurisdiction of Czech Republic Bodies in Social Security, as amended. They assist in addressing e.g. the need of transport, adjusted housing, special compensatory aids.
One-off benefits are provided by Municipal Office of a municipality with extended powers, recurrent benefits by Municipal Office of an authorized municipality.
Persons entitled to social assistance benefits are:
- permanent residents in the Czech Republic
- beneficiaries of refugee status
- EU/EEA citizens under directly applicable EC legislation and theirs family members
- EU/EEA citizens with registered residence in the Czech Republic for at least 3 months and theirs family members
List of benefits
- One-off Benefit for Acquisition of Special Aids
- Benefit for Flat Modification
- Benefit for Motor Vehicle Purchase
- Benefit for General Overhaul of Motor Vehicle
- Benefit for Special Modification of Motor Vehicle
- Benefit for Motor Vehicle Operation
- Benefit for Individual Transport
- Benefit for Use of Barrier-Free Flat
- Benefit for Use of Garage
- Benefit to Totally or Almost Totally Blind Citizens
One-off Benefit for Acquisition of Special Aids
Facultative one-off benefits may be granted to severely handicapped persons for acquisition of aids they need in order to remove, alleviate or overcome consequences of their handicaps. There is a list of aids for acquisition of which a benefit may be made. The benefit shall be not granted if the respective aid is lent or fully covered by the relevant health insurance company. The benefit may be granted only if the person makes an advance commitment in writing to return the benefit or its proportionate amount if e.g. the special aid ceases to be his or her possession prior to elapse 5 years from the date of the benefit payment.
- Severely handicapped persons may be granted benefit for aids that enable self-service, independent movement or maintenance of the condition of health, or aids for training for and insertion into a suitable occupation.
- Persons with impaired sight may be granted benefit for aids that enable them to gain information or establish contact with the surrounding environment through the touch and hearing perception or to use their remnants of sight, or, aids for training for and insertion into a suitable occupation. Expenses related to training and handover of a guide dog to the totally and almost totally blind may be covered, too.
- Persons with impaired hearing may be granted benefit for aids that enable them to compensate their lost hearing, while contributing to their social adaptation, and that are necessary for their contact with the surrounding environment.
The benefit is provided at the amount enabling acquisition of the relevant aid at its entry-level specification, while a maximum percentage limit shall be determined at the same time of the price of the aid. Also costs related to induction training in use of the aids may be covered.
Benefit for Flat Modification
Obligatory one-off benefit is granted to persons with severe disabilities of support and motion apparatus that limit their mobility to a large extent and to totally or almost totally blind persons for modification of the flat they use as their permanent dwelling place.
Modification of a flat is deemed to include namely the following: alteration of an entrance to the house, garage, lift (including stairs); alteration of the floor surface, controlling elements of the house or flat electrical installations; alteration of the kitchen unit; widening and modification of doors and removal of thresholds; adjustments to the bathroom and lavatory room (including their furnishing with suitable sanitary equipment and easy-to-operate faucets); installation of the required sound or light signalling system; installation of a suitable heating system; building of a telephone line; and structural alterations relating to installation of a lift.
The benefit for flat modification will be granted only if the applicant makes an advance commitment in writing to return the benefit (or its proportionate amount) if he or she exchanges or sells the flat, or if any other change of the right-to-use or ownership title occurs prior to elapse 10 years from the allowance provision date or if the granted benefit exceeds 70 % of the actual expenses.
The amount of the benefit is assessed with the view of the incomes and property situation of the citizen and his or her family, up to 70 % of documented costs, however up to the maximum amount of CZK 50,000, or, CZK 100,000 in case of the benefit for structural alterations relating to installation of the lift.
Benefits for Purchase, General Overhaul and Special Modification of Motor Vehicle
Obligatory one-off benefits for purchase of a motor vehicle and for general overhaul of a motor vehicle are granted to a person with a severe handicap of support and motion apparatus who will use such vehicle for his or her transport and who has not been placed, on a year-round basis, in a social care institution, while he has been dependent on individual transport. These benefits are granted also to a parent of a dependent child, where the child concerned is above three years of age and suffering a severe handicap of support and motion apparatus, or totally or almost totally blind, or with a severe mental handicap, while the parent will use the vehicle for the child’s transport.
The amount of the benefit for motor vehicle’s purchase is CZK 100,000 at the maximum, while the amount of the benefit for general overhaul of motor vehicle is CZK 60,000 at the maximum. The amount shall be given with specific regard to the property situation of the applicant and his or her family; frequency and way of use of a motor vehicle shall be assessed, too.
Obligatory one-off benefit for special modification of motor vehicle is granted to persons with severe handicaps of support and motion apparatus who by themselves drive a motor vehicle, while they necessarily need a special modification of the motor vehicle due to their permanent handicap. The allowance is provided at the full amount of the cost of such modification.
The aggregate benefits for motor vehicle’s purchase, general overhaul and special modification shall not exceed the amount of CZK 200,000 during the period of 10 subsequent years. The benefits may be granted only providing that the applicant makes an advance commitment in writing to return the allowance (or its proportionate amount) in certain instances, e.g. if he or she sells the motor car, stops to use it for regular transportation purposes.
Benefit for Motor Vehicle Operation
Obligatory one-off benefit for motor vehicle operation is provided for a calendar year period to a person who is a motor vehicle holder, whose handicap justifies granting of special privileges for severely handicapped citizens of Grade II or III, who will use the motor vehicle for his or her regular transport or for regular transport of his or her spouse, child or another closely related person whose handicap justifies granting of special privileges for severely handicapped citizens of Grade II or III, who is a parent of a dependent child that is treated at a university hospital clinic for malignant tumour or hemoblastosis, over the period of the necessary treatment at the medical facility during the acute stage of such disease.
The benefit amount differs according to the level of the handicap, the type of the motor vehicle, the number of transported persons eligible for the benefit, kilometres driven by the benefit recipient. The benefit at CZK 9,900 is provided to persons whose handicap justifies granting of special privileges for severely handicapped citizens of Grade III, and to the parents of a child ill with malignant tumour or hemoblastosis (the amount is CZK 4,200 in case of a two-wheeled vehicle). The benefit at CZK 6,000 is provided to persons whose handicap justifies granting of special privileges for severely handicapped citizens of Grade II (the amount is CZK 2,300 in case of a two-wheeled vehicle).
A condition to granting the benefit is a written commitment by the person that he or she will return a proportionate amount of the paid-out benefit if he or she becomes no longer eligible for the benefit (health changes, technical ride ability of a motor vehicle etc.).
For the year 2010 the amount of benefit for motor vehicle operation is decreased by 20 percent for persons whose handicap justifies granting of special privileges for severely handicapped citizens of Grade III and by 50 percent for persons whose handicap justifies granting of special privileges for severely handicapped citizens of Grade II. Those amounts increase if the benefit recipient travels for serious reasons more than 7 000 kilometres yearly.
Benefit for Individual Transport
Obligatory one-off benefit is provided for the calendar year period to a person with a severe handicap of support and motion apparatus or with total or almost total blindness and to a parent of a dependent child that is treated at a university hospital clinic for malignant tumour or hemoblastosis, over the period of the necessary treatment at the medical facility during the acute stage of such disease. The condition is that the respective person regularly individually travels, while he or she is not a motor vehicle holder, or a recipient of the benefit for motor vehicle operation, or he or she is not transported by a motor vehicle, for operation of which the motor vehicle operation benefit has been granted.
Another condition of granting the benefit for individual transport is a written commitment by the person that he or she will return a proportionate amount of the paid-out benefit if he or she becomes no longer eligible for the benefit (change of health; granting of the benefit for motor vehicle operation etc.).
The amount of the benefit for individual transport is CZK 6,500.
Benefit for Use of Barrier-Free Flat, Benefit for Use of Garage
Obligatory recurrent benefit for use of a barrier-free flat is provided to persons with severe handicaps of support and motion apparatus and to totally or almost totally blind persons, in case they use a barrier-free flat, at the amount of CZK 400 per month. Such persons may be further granted the recurrent facultative benefit for use of garage up to CZK 200 per month.
Benefit to Totally or Almost Totally Blind Citizens
Facultative recurrent benefit may be granted to a totally or almost totally blind owner of a guide dog for feed for the dog, at CZK 800 per month.
Non-Benefit Assistance
Special Privileges for Severely Handicapped
Persons aged over one year, with a severe handicap that substantially limits their mobility or orientation abilities, are granted special privileges for severely handicapped citizens of Grade I (TP Certificate), Grade II (ZTP Certificate), Grade III (ZTP/P Certificate). The privileges include, inter alia, a title to reserved seats in public transport means; title to the free-of-charge transport when using regular lines of the local public passenger transport; discount on second class fares on the railway and on regular inter-city coach transport, discount on tickets for cultural and sport events, tax relief, exemption from certain charges, e.g. highway tolls, reserved parking places etc.
Interest-Free Loans
Interest-free loans up to CZK 40,000 for motor vehicle purchase may be provided to persons qualifying for being granted the benefit for motor vehicle purchase. The loan maturity term is five years.
Contacts
Ministry of Labour and Social Affairs
Na Poříčním právu 1, 128 01 Prague 2
Tel.: +420 221 921 111
MoLSA Information Office:
Tel.: +420 221 922 462
www.mpsv.cz, MoLSA journal
e-mail: posta@mpsv.cz