As of 1 November 2023, there is a change in the payment of replacement maintenance. The change concerns the number of possible payments of this benefit. This is on the basis of Act No 322/2023 amending Act No 588/2020 on substitute maintenance.
Entitlement to payment of alternative maintenance
With effect from 1 November 2023 the entitlement is extinguished for the payout substitute maintenance after 48 payments of this benefit. So far, the entitlement has lapsed after 24 payments of replacement maintenance.
Payment of alternative maintenance under transitional provisions
If the beneficiary has exhausted 24 payments of replacement maintenance under the version in force until 31 October 2023, the payment of replacement maintenance in the period from 1 July 2023 to 31 October 2023 shall be returned to the beneficiary without a claim if the beneficiary meets the conditions of entitlement to this benefit. This is subject to the condition that the person proves, by the end of November 2023, the amount of the replacement maintenance paid for the 4 calendar months preceding the calendar month in which the 24th payment of replacement maintenance was made under the version of Act 588/2020 in force until 31 October 2023.
Amount of compensation maintenance for the period from 1 July 2023 to 31 October 2023 shall be calculated from the monthly average of the amounts determined as the difference between the monthly amount of maintenance determined in the enforcement order and the partial payment of maintenance in the relevant month. This average is determined for the 4 calendar months preceding the calendar months for which the claim is proved and claimed.
Number of payouts the replacement maintenance which the beneficiary will exhaust between 1 July 2023 and 31 October 2023 will count towards the 48 payout limit substitute maintenance according to the wording of the law No. 588/2020 Coll, The number of replacement maintenance payments received by the beneficiary under the version of Act No 588/2020 Coll. in force until 31 October 2023 shall be counted towards the total limit of 48 payments based on the new law in force from 1 November 2023.
TIP: For more information on alternative maintenance and how to apply, see blog article of 16 May 2023.
AVENSIO SW programme
In the programme AVENSIO SW the execution for substitute maintenance is entered on the tab Deductions (Employee tab - Deductions tab) as a type of precipitation Execution priority. The type of execution is Spare maintenance.
