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 under special conditions (parental allowance) or in increased amounts (recurrent foster care allowances). Applications for state social support benefits are processed by relevant Regional Branches of the Labour Office of the Czech Republic according to the applicant's permanent residence.
Parental allowance
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 disabled child regularly attends a pre-school institution up to a maximum of 6 hours a day;
- a child attends pre-school institution up to a maximum of 4 hours a day, if both parents (single parent) are persons dependent on care of another person with a level of III or IV.
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. In the case of a disabled child who is a person dependent on care of another person, the coefficient by which the living minimum is multiplied is increased in proportion to the dependency level and represents 2.35 for a child with a level of I, 2.90 for a child with level II, and 3.10 for a child with level III or IV.
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 at least 3 foster 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. The special foster parent allowance is increased by 0.5 of the individual living minimum for each additional child placed in foster care and by 0.75 of the individual living minimum for each additional child with a dependency level of II, III or IV.
Social assistance benefits for people with disabilities
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