Tuesday 15 October 2013

Case n. 2 – 2 (Financial security of family)



Case n. 2 – 2 (Financial security of family)

A mother of minor children came to the Municipal Authority of Jihlava, the Department of Social Affairs, the Department of Social and Legal Protection of Children to ask for help in solving the situation in which she got.
According to her notification, she has been married twice. A minor child was born from the first marriage –a son, who was put in her custody. The minor boy attends 2nd grade of primary school today. His father is obliged to contribute to the maintenance of the son with 1300 Czech crowns a month based on the judgment of the District Court in Jihlava ref P 384/2006-75 of 19th May 2006, which entered into force on 3rd July 2006.
From the mother's second marriage a 2.5-year-old child was born, whose mother is currently on parental leave. Her husband is 42 years old and he was dismissed from his job on 31st July 2012 (he had been employed by the last employer for 7 years). In the last half-year, his average salary was 16 873 CZK. The family has a permanent residence in Luka nad Jihlavou, Nová 83.

Task:

Focus on the situation of financial security of the family (in accordance with the individual pillars of social security of the Czech Republic). Tell the mother of minor children, which benefits the family could be entitled for, where she could ask for a single benefit (unemployment benefits do not have to be longer dealt with – they are focused on by case 2 - 1).

Key words and phrases to be solved:

-          The Municipal Authority of Jihlava (preferably local authority)
-          The Department of Social and Legal Protection of Children
-          Married for the second time
-          A minor son was born from the first marriage
-          The boy attends second grade of primary school
-          The father is obligated to maintenance of the son by amount of 1,300 CZK per month
-          From the second marriage a 2.5-year-old child was born
-          The mother is currently on parental leave
-          Her husband is 42 years old
-          The family has a permanent residence in Luka nad Jihlavou, Nová 83

Solution:

Social security benefits

There should be verified whether the family has dealt with social benefits – a child benefit and housing benefit. If they have not yet, one of the parents may ask for the above mentioned benefits at the Employment Office in Jihlava – the Department of Social Support. The written request shall be substantiated by birth certificates of minor children, the amount of income (in case of the child benefit for the previous calendar year and in case of housing benefit for the previous calendar quarter) and housing benefits should be substantiated by the relation to real estate (such as a lease agreement or a listing from the land register) and the costs associated with housing. (social security benefits I.)
After the burden of proof proceeds, the Employment Office issues a notice, in case of an entitlement to a benefit, or a decision, which rejects the request. A written copy of the notice is not delivered into applicant’s own hands, who may lodge an appeal against it. The decision must be delivered into applicant’s own hands within 15 days from delivery; an appeal may be filed via the Employment Office, which ruled in the first instance. The appeal shall be decided in the second level by the Ministry of Labour and Social Affairs. (state social support benefits II. - process management)

Key words and phrases for solutions:

-          Social benefits
-          Child benefit and housing benefit
-          Department of State Social Support
-          A written request shall be accompanied by birth certificates of minor children, the amount of income
-          For the previous calendar year and quarter
-          Lease agreement and a listing of real estate
-          The costs associated with housing
-          After the burden of proof proceeds, the Employment Office issues a notice or a decision
-          If you are entitled to a benefit, the Office will issue a notice
-          The request is rejected if there is no entitlement to a benefit
-          The applicant may lodge an appeal until the notice is issued
-          A decision, the applicant may within 15 days appeal
-          The appeal is lodged via the Employment Office
-          The appeal is decided by the Ministry of Labour and Social Affairs

The case is based on the following legislation:
Material:
The Law on State Social Support (117/1995 Coll., As amended)
Process:
The Law on Administrative Proceedings – Administrative

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