Case n.3 – 1b (Finding housing and a job and ensuring benefits for the client)
An 18-year old boy came without a notice to appear to the Local
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 he got.
You know that he was 18 last week from the guardianship file of the boy. Since he was 8, he has been placed in institutional care
according to the final judgment of the District Court in Jihlava ref. 6P 58/96-158 of 24th
June 2004, which came into
force on 8th March 2004.
The boy has a permanent residence in Jihlava, Havlíčkova 64.
However, the boy’s parents have shown no interest for 5 years.
He has irregularly been in touch with his grandmother from the mother.
She lives in Luka
nad Jihlavou, Nádražní 375,
in a house 3 + 1.
Task:
After providing advice on ensuring housing and a job for
the client, focus on the task what benefits he is entitled to, where
he could ask for them, and what documents must be substantiated when asking for the benefits.
Key
words and phrases to be solved:
-
An
18-year old boy
-
According
to the judgement of the District Court in Jihlava
-
Placed
in institutional care
-
A
permanent resident
-
His
parents have not shown any interest of him for 5 years
-
The
boy has irregularly been in touch with his grandmother from the mother
-
Grandmother
lives in Luka nad Jihlavou
-
House
3+1
Solution:
A social worker from the municipal authority with
extended powers (3rd level municipality) has regularly visited
the boy, at least once per month throughout
the period, when he was at children’s home. Before reaching the
age of majority, he cooperates with him
more intensively together with a social worker
from children’s home.
He is trying to find a suitable housing for the boy after release from
children’s home. The social worker
will first make a social survey by the grandmother and find her opinion, whether her grandson might live with her in her household. In case she refused to live with him, the social worker would find out the possibility of accommodation
in a halfway house for boys. If there was a fully occupied
capacity, he would search for the possibilities for accommodation in an
asylum house. (providing a suitable
accommodation for the client)
By law, the institutional care automatically ends when reaching the age
of 18. After his release from
children’s home and registering among job seekers at the Employment Office in Jihlava, he should ask for the extraordinary immediate assistance (benefit in material need).
The application must be
substantiated by the identification card,
a written request (a form issued by
the Ministry of Labour and Social Affairs), proof of discharge from the children’s home (facilities for
institutional care) and confirmation of
integration into the register of job seekers. If entitlement to benefits arises,
he might be entitled to a maximum amount
of 1,000 CZK. The benefit is determined for the needs during the first days
after his release from children’s home. (extraordinary immediate assistance)
Furthermore, the boy should
ask for further assistance in material
need – allowance for living and
possibly supplement for housing. The
written requests for these benefits
must be substantiated by the income for
the previous three months and by the current income every month.
Followingly, he must give declaration on
his financial circumstances, relation
to real estate – i.e. for example lease
agreement, residential-care services
agreement and the costs associated
with housing. The Employment Office performs social investigation by the applicant. After the issue of the
burden, it gives notification. If eligible for one of the benefits, the amount of the granted
benefit and the date – since when –
will be shown (the retroaction must be granted from the first day of the month
when the application of living allowance, respectively contribution for housing
were filed). If he wasn’t entitled to
benefits, the request would be
rejected. (management of benefits in material need - living allowance and
housing supplement)
A written copy of the notice is not delivered to the applicant’s own hands and an objection might be lodged against it. The
decision must be delivered into the applicant’s
own hands and within 15 days from
delivery, an appeal may be lodged through 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. (benefits in material need - the Board of
Management)
-
Institutional education ends in 18 years of
age
-
The Employment Office
-
A request for extraordinary immediate assistance
-
Identity card
-
Written application
-
Proof
of discharge from the children’s home (in a facility for institutional care)
-
Confirmation
of integration into the register of job seekers.
-
Maximum benefit of 1 000 CZK
-
Assistance in material need
-
Allowance for living and supplement for
housing
-
Declaration for the previous three months
-
Relation to real
estate – for example lease agreement
-
Costs associated with housing
-
Social inquiry
-
If entitled to benefits, the Office shall give
notification
-
If the claim does not arise, it rejects the
request
-
Notification is not delivered into applicant’s
own hands
-
The decision may be appealed within 15 days
-
The appeal shall be decided by the Ministry of
Labour and Social Affairs
The case is based on the following legislation:
Material:
The Family Act (94/1963 Coll., As
amended)
Act on Subsistence Minimum (111/2006
Coll., As amended)
Act on Assistance in Material Need
(110/2006 Coll., As amended)
Process:
The Law on Administrative Proceedings
– Administrative Regulations (500/2004 Coll., As amended)
