How to determine entitlement to parental allowance
Parental allowance is a social benefit provided to parents of children up to the age of four. Its amount is currently set at CZK 300 000, while for families with more children (e.g. twins) the amount is CZK 450 000. Payment of the allowance depends on meeting several conditions:
- Permanent residence and actual residence.
- If the parent isgainfully employed, the allowance can be drawn at the same time as work, provided that this activity does not restrict the care of the child.
- EU coordination rules: if the parent works abroad, the EU Regulation on the coordination of social security systems applies. The primary country of payment is usually the country where the child is resident, provided that at least one parent is gainfully employed there.
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The case of the Ombudsman: How did he solve the coordination of social security?
In the case in question, the Labour Office decided that the benefit should be claimed in Portugal, where the child’s father worked. However, the authorities overlooked the fact that the mother worked from the Czech Republic and the child was resident there. The Ombudsman pointed out the error and ensured that it was corrected.
According to the Ombudsman, the primary state for payment of benefits is determined on the basis of where the child actually resides. In this case, the mother had documented evidence that she was actually working and living in the Czech Republic. The Ombudsman therefore recommended a reconsideration of the decision, which allowed the woman to receive parental allowance.
However, it should be stressed that the Ombudsman cannot make and overturn binding decisions on his own. Therefore, it is always advisable to consult a lawyer.
What the law says
Parental allowance is regulated by the Law on State Social Support. According to this law, the allowance must be paid in accordance with the child’s place of actual residence if it complies with the EU coordination rules. The key legal document is Regulation 883/2004 of the European Parliament and of the Council, which establishes the principle of one Member State responsible for the payment of benefits.
Tip for article
Tip: The child tax credit, which is claimed on your tax return, can also be a significant help to your family budget. Find out more about this type of state support.
The importance of the case for other parents
This case shows that consistent application of the law and legal aid can make a significant difference to the outcome of a welfare benefits claim. Parents should be informed of their rights, especially if they are working abroad or have a more complicated situation in terms of international law.
If you are unsure about your rights to parental allowance, we recommend consulting our lawyer or contacting the Ombudsman. Parental allowance is a vital financial support, so why let it go?
Summary
A woman living in the Czech Republic and working remotely for a Portuguese company claimed parental allowance. The Labour Office initially determined that the claim should be made in Portugal, where the child’s father works. However, the ombudsman concluded that the Czech Republic was the primary state for payment because the child was permanently resident there and the mother was working there. Thanks to his intervention, the woman received an allowance of CZK 278 250.
Parental allowance in the Czech Republic is CZK 300 000 (CZK 450 000 for twins or multiples) and is paid to parents of children up to the age of four. Entitlement depends on the child’s permanent residence, the actual residence of the parent and EU rules, which state that benefits are paid by the country where the child resides if the parents work in different countries.
