Disability

Contens:

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.

Social assistance benefits for people with disabilities

Care allowance

The care allowance is regulated by Act No. 108/2006 Coll. on Social Services, as amended. It is a non-contributory benefit paid to individuals dependent on care. The State participates through this allowance in providing social services and other forms of social assistance needed by an individual to handle basic life needs defined by the Act.

The care allowance is provided to persons who are due to their long term unfavourable health condition dependent on another person’s assistance when dealing with basic living needs: mobility, orientation, communication, self-feeding, putting on clothes and footwear, washing oneself, toileting, looking after one’s health, personal activities and household tasks. The amount of care allowance corresponds to the degree of “dependence on care" which is based upon an assessment of ability to manage the above mentioned 10 basic living needs.

There are 4 levels of dependence:

  • Grade I (slight dependence);
  • Grade II (medium-heavy dependence);
  • Grade III (heavy dependence);
  • Grade IV (total dependence).

Dependency on care of persons entitled to the care allowance is assessed by a medical doctor of the Medical Assessment Service. One of the sources for the final assessment is a home visit during which social worker employed by the Labour Office of the Czech Republic evaluates of dependency on care in the real social environment of the person.

Till July 31, 2016, the allowance provided to persons below 18 years of age in a calendar month is:

  • CZK 3 000, in the case of grade I (slight dependence),
  • CZK 6 000, in the case of grade II (medium-heavy dependence),
  • CZK 9 000, in the case of grade III (heavy dependence),
  • CZK12 000, in the case of grade IV (total dependence).
  • Children under one year of age are not entitled to the allowance.

The allowance provided to persons over 18 years of age in a calendar month is:

  • CZK 800, in the case of grade I (slight dependence),
  • CZK 4 000, in the case of grade II (medium-heavy dependence),
  • CZK 8 000, in the case of grade III (heavy dependence),
  • CZK 12 000, in the case of grade IV (total dependence).

Since August 1, 2016, the allowance provided to persons below 18 years of age in a calendar month is:

  • CZK 3 300, in the case of grade I (slight dependence),
  • CZK 6 600, in the case of grade II (medium-heavy dependence),
  • CZK 9 900, in the case of grade III (heavy dependence),
  • CZK13 200, in the case of grade IV (total dependence).
  • Children under one year of age are not entitled to the allowance.

The allowance provided to persons over 18 years of age in a calendar month is:

  • CZK 880, in the case of grade I (slight dependence),
  • CZK 4 400, in the case of grade II (medium-heavy dependence),
  • CZK 8 800, in the case of grade III (heavy dependence),
  • CZK 13 200, in the case of grade IV (total dependence).

Recipients receive higher amounts automatically without applications.

The allowance is increased by CZK 2 000 for recipients who are dependent children below 18 years of age and parent of dependent children below 18 years of age if the income of the family is under 2.0 family’s living minimum. The allowance is also increased by CZK 2 000 for recipients who are children from 4 to 7 years of age in grade III or IV.

The care allowance can be used for professional or informal care. It is up to discretion of the recipient of the benefit.

Allowance for mobility, grant for special aid, and certificate of person with disability

Act No 329/2011 Coll. on Providing Benefits for People with Disabilities and Amendments of Related Acts, as amended, regulates financial benefits (allowance for mobility, grant for special aid) and certificate of person with disability. Through them the State helps to reduce social consequences of disability and support social inclusion.

Allowance for mobility

Allowance for mobility is a recurrent obligatory allowance which is provided to people older than 1 year who are eligible for certificate of person with disability ZTP or ZTP/P and transport themselves - repeatedly and against payment. Clients of selected institutional services are not eligible, unless the Labour Office recognizes the reasons as worthy of special consideration. Monthly amount of the allowance is CZK 400.

Grant for special aid

Grant for special aid is a one-off obligatory benefit for aids not covered by the health insurance system enabling self-reliance, working activities, education, social contacts. The grant is intended for people with a severe handicap of support and motion apparatus, blind or deaf. The grant in the case of aid “vehicle" or “special restraint systems" is granted to persons with serious mental handicap as well. Ministerial decree determines a list of aid for purposes of this benefit, for example: vehicle, guide dog, Braille printing machine, signal of doorbell, certain special modification of vehicle or flat.

Amount of the grant for special aid is settled under 3 regimes (aids with price under and over CZK 24 000, and a vehicle). The grant in the case of an aid with price under CZK 24 000 is provided only to people with income less than 8.0 living minimum. Some exceptions are allowed (when the person needs several aids in this price level, has higher income but is not able to buy these aids). The grant in the case of an aid with price over CZK 24 000 is not income-tested, client´s participation is 10 % of the price of an aid, at least CZK 1 000. Some exception for low income people are allowed, but minimal participation is always CZK 1 000. Maximum amount of the grant is CZK 350 000, or CZK 400 000 in the case when the aid is a “staircase lift". Maximum grant in the case when the aid is a “vehicle" is CZK 200 000, amount is set individually with respect to frequency and reasons of the transport, income of entitled person (and related persons) and social and property circumstances.

Certificate of person with disability

Certificate of person with disability is “a card" which brings numerous favours/privileges in various branches. Eligible person is a person older than 1 year with physical, sense or mental disability that limited his/her ability of mobility or orientation.

There are 3 types of the certificate depending on seriousness of disability (TP, ZTP, and ZTP/P). A holder of certificate TP is eligible for using reserved seats in public transport means or for priority when solving his/her matter requires a long waiting with standing. Certificate ZTP, ZTP/P is a title to the free municipal transport, reduced fare on railways or regular coaches lines, certain tax relieves, exemption from certain charges, etc.

Applying for care allowance, benefits and the certificate

  • Applications for the care allowance and benefits for people with disabilities and certificate are handled by the contact points of the Regional Branches of the Labour Office of the Czech Republic. The person entitled to the care allowance has to submit his/her application based on the (permanent) residence, the eligible applicant for benefits and certificate can apply at any contact point. The addresses of the Regional Branches of the Labour Office of the Czech Republic can be found at http://portal.mpsv.cz/ssp/local.
  • Applications are submitted on prescribed forms. These forms are available in the Labour Office of the Czech Republic or from web sites http://portal.mpsv.cz/forms.
  • The appellate body is the Ministry of Labour and Social Affairs.

Entitlement to care allowance, benefits and certificate

Persons – Czech citizens and foreigners - have a right to the care allowance, benefits and the certificate if they are registered as permanently resident in the Czech Republic and have their residence here. Relevant acts stipulate other eligible persons if they have their residence in the Czech Republic. In the range of persons covered, there are also EU nationals who are subject of directly applicable legislation of the EU (Regulation (EC) No 883/2004 in the case of the care allowance and Regulation (EU) No 492/2011 in the case of benefits and the certificate).

Notice

This information has been simplified and is only intended as a rough guide. The full conditions for the granting of the care allowance, benefits or the certificate are set out in the legislation or will be explained to you, based on a more detailed knowledge of your own situation, by staff from the Labour Office responsible for making decisions on the allowance, benefits/certificate.

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

Nastavení zobrazení:

Shown / printed from website of Ministry of Labour and Social Affairs of the Czech Republic (http://www.mpsv.cz) on 29.7. 2016 v 07:52.