Case n. 1 (Social assistance for people with disabilities – care allowance)

Case n. 1 (Social assistance for people with disabilities – care allowance)

A woman came without a notice to appear to the Regional Department of Employment Office in Jihlava, the Department of Non-insurance Benefits to ask you about following information.

She lives with her husband, two minor children and her father, who is 85 years old, in the common household. Currently, he needs day care of another person.

She and her husband agreed on her staying with her father at home and taking care of him.

The woman is a permanent resident at Jihlava, Seifertova 78, her father at Jihlava, Palackého 6.

Task:

Focus on social assistance for people with disabilities – care allowance.

Key words and phrases to be solved:

-          Regional Department of Employment Office in Jihlava

-          The woman lives with her husband, two minor children and her father in the common household

-          Woman’s father is 85 years old

-          Currently

-          The father requires day care of another person

-          The woman and her husband agreed on her staying with her father at home

-          Permanent residence at Jihlava, Seifertova 78

-          Her father is a permanent resident at Jihlava, Palackého 6

Solution:

Woman’s father should ask for care allowance at the Regional Department of Employment Office in Jihlava (a form issued by the Ministry of Labour and Social Affairs). The written request must be substantiated by the identity card.  The office carries out a social survey by the applicant. A written record of the social survey is sent to the District Social Security Administration together with the assessment of the applicant's degree of dependence on the help of another person. A health assessment doctor shall require actual medical findings and makes an assessment.

After receiving them, the Regional Department of Employment Office can decide in re. If entitlement to care allowance arises, the degree of dependence on the help of another person, the granted amount of the benefit and the time period from when (retroactively, it may be granted from the first day of the month, when the application for care allowance has been issued) will be specified in the notice. In case the claim does not arise, the request will be rejected. If the claim arises, the applicant shall notify who will provide care to him to the Regional Department of Employment Office within eight days from receiving the notice. If the degree of dependence was III or IV, the woman could with stay with him at home. (proceedings for a social assistance for people with disabilities – care allowance)

A written copy of the notice is not delivered to the applicant’s own hands and objections may be filed against it. The applicant must receive the decision into his/her own hands and may lodge an appeal through the Employment Office, which ruled in the first instance, within 15 days from the delivery. The appeal shall be decided in the second level by the Ministry of Labour and Social Affairs. (benefits in material need – Appeal proceedings)

The Regional Department of Employment Office is required to regularly check whether the woman provides care to her father properly. 

Key words and phrases for solutions:

-          The Regional Department of Employment Office

-          The request for care allowance

-          Identity card

-          Written request

-          Social inquiry

-          A health assessment doctor at the District Social Security Administration

-          The degree of dependence on the assistance of another person

-          Actual medical findings

-          If the claim arises, the Office shall file a notice

-          In case the claim does not arise, it rejects the request

-          The applicant must notify who will provide care to him within eight days

-          The notification is not delivered into his own hands

-          The decision may be appealed within 15 days

-          The appeal is decided by the Ministry of Labour and Social Affairs

-          The Employment Office must periodically check whether the men is provided care properly

The case is based on the following legislation:

Material:

The Social Services Act (108/2006 Coll., As amended)

Decree implementing the Law on Social Services (505/2006 Coll., As amended)

Decree on the tab of the social system (424/2011 Coll.)

Process:

The Law on Administrative Proceedings - Administrative Regulations (500/2004 Coll., As amended)