Purpose (SHG)

1. Social Assistance under this Act ensures the common welfare of the population and enables each individual to lead a life of dignity and personal responsibility.

11. The government council shall regulate by ordinance the transitional periods for those amendments to the Social Assistance Act that have no impact on the global balance.

12. A bonus or malus according to Article 80d ff. SHG shall be determined for the first time in the year 2014 based on the data from the years 2012 and 2013 and shall be included in the burden balancing calculation for the year 2015 in accordance with Article 82 paragraph 3 SHG.

1. Social Assistance Includes Measures in the Following Areas

a) Financial Subsistence Security,

b) Personal Autonomy,

c) Professional and Social Integration,

d) Living Conditions.

1. The measures of social assistance are aimed at the following objectives in the respective areas of impact

a) Prevention,

b) Assistance towards self-help,

c) Compensation for impairments,

d) Alleviation of emergencies,

e) Prevention of exclusion,

f) Promotion of integration.

1. To achieve the purpose and objectives of social welfare, the measures provided for in this law shall be implemented.

2. The measures particularly include providing the service offerings of individual social welfare as well as granting benefits.

1. The services offered by social assistance are universally accessible, of adequate quality, and oriented towards effectiveness.

2. They are regularly evaluated for the achievement of goals and for their cost-benefit ratio.

1. The canton, in consultation with the municipalities, regulates the service offerings in the individual areas of activity.

2. It ensures, together with the municipalities as well as private and public sponsors, the provision of the necessary service offerings.

Social assistance respects the principle of equality between women and men.

1. Social assistance follows the principle of subsidiarity.

2. Subsidiarity in individual social assistance means that help is only provided when and to the extent that a person in need cannot help themselves or when help from a third party is not available or not available in a timely manner.

3. ...

1. As far as this law does not contain any deviating provisions, the procedure and legal protection are governed by the provisions of the Administrative Procedure Act dated May 23, 1989 (APA).

1. Where the law does not provide otherwise, social assistance is a joint responsibility of the canton and municipalities.

1. The canton establishes the principles and objectives of social assistance.

2. It ensures the provision, financing, coordination, and review of the necessary service offerings.

1. The Government Council

a defines the strategic objectives and priorities of social welfare,

b requests the provision of financial resources by the Grand Council,

c **\* approves the mission statements, plans, and reports of the Directorate of Health, Social Affairs, and Integration,

d **\* establishes the principles of strategic controlling and acknowledges the impact assessments of the Directorate of Health, Social Affairs, and Integration,

e fulfills other tasks according to this law.

1. The Directorate of Health, Social Affairs, and Integration

a) specifies the objectives of social assistance and ensures their implementation,

b-f *) ...

g) advises municipalities on implementation issues,

h) issues regulations for municipal controlling in collaboration with the municipalities,

i) executes inter-cantonal and international social assistance,

k) performs other tasks in accordance with this law.

The municipalities provide the individual service offerings in accordance with the cantonal guidelines. They implement individual social assistance and regularly review the effectiveness of the service offerings.

...

They may provide service offerings at their own expense that exceed the cantonal guidelines.

1. Every municipality and mixed municipality shall have a social authority.

2. Unless the municipality stipulates otherwise, the municipal council shall serve as the social authority.

3. Municipalities may form joint social authorities with other municipalities.

4. Municipalities with a joint social service shall constitute a single social authority.

1. The Social Authority establishes the strategic direction of the Social Service.

2. It supervises the Social Service, particularly by

a) examining the organization of the Social Service with regard to the regulation of responsibilities, workflows, and measures to prevent the unlawful receipt of benefits,

b) regularly reviewing the dossiers of persons who receive or have received benefits from the Social Service concerning compliance with legal requirements; for this purpose, it may request the Social Service to provide a nominal list of dossiers,

c) taking measures to rectify identified deficiencies, insofar as it is competent to do so,

d) requiring the Social Service to rectify identified deficiencies or suggesting measures to the competent municipal body if it is not itself competent in that regard.

3. It supports the Social Service in fulfilling its tasks by

a) assessing and deciding on fundamental questions regarding the allocation of economic aid benefits,

b) providing consultative opinions on issues within the jurisdiction of the Social Service.

4. It undertakes controlling and planning tasks by assessing the need for service offerings in the municipality and reporting to the Directorate of Health, Social Affairs, and Integration on its work and that of the Social Service.

5. ...

6. The Social Authority regularly informs the municipalities for which it is responsible about all significant developments within its jurisdiction.

1. The sponsor of a social service is the municipality.

2. Municipalities with a joint social service must designate a sponsor.

1. Each residential municipality and each mixed municipality shall maintain its own social service, operate a joint social service with other municipalities, or join the social service of another municipality.

2. The municipalities shall ensure an appropriate and efficient organization of the social service.

3. The government council shall issue regulations concerning

a) the minimum size of the social services,

b) ...,

c) the duties of the professional staff, and

d) the requirements that the professional staff must fulfill.

1. The Social Services execute social assistance in individual cases. This includes in particular

a **\*** preventive counseling in the field of individual social assistance and child protection,

b the assessment of personal and economic conditions,

c the determination and agreement of individual objectives,

d counseling and support,

e the imposition of measures,

f the determination and granting of benefits.

2. They also perform tasks under special legislation, particularly in the areas of advance payment and collection of maintenance contributions, as well as child and adult protection. They may carry out additional tasks based on a service contract between the sponsoring entity and the Directorate of Health, Social Affairs, and Integration.

3. The sponsors of the social services regularly report to the Directorate of Health, Social Affairs, and Integration and provide it with the necessary data.

1. The Health, Social, and Integration Directorate ensures that all social services in the canton have the opportunity to clarify matters in justified individual cases through social inspections.

2. Municipalities may operate a social inspectorate to conduct social inspections pursuant to Article 50a et seq., or they may commission third parties to conduct such inspections.

3. The Health, Social, and Integration Directorate may employ its own social inspectors or enter into service contracts with third parties concerning social inspections pursuant to Article 50a et seq., which regulate the type, quantity, and quality of services, their remuneration, and quality assurance.

4. The canton and municipalities may establish private law institutions that conduct social inspections pursuant to Article 50a et seq. on behalf of social services.

1. Social services cooperate with other institutions to promote the integration of individuals and their financial independence. This includes, in particular, the organs of unemployment insurance, disability insurance, and career, study, and career counseling.

2. The participating institutions coordinate their offerings for integration measures with each other whenever possible.

3. Data processing and disclosure in interinstitutional cooperation (IIZ) are governed by cantonal labor market legislation, notwithstanding the confidentiality of social aid.

To promote cooperation between the canton and municipalities, as well as to discuss issues that jointly affect the canton and the municipalities, a Canton-Municipalities Contact Group and an advisory commission are established.

The Contact Group focuses particularly on issues of task distribution between the canton and municipalities.

The advisory commission advises the government council, the administration, and the municipalities on implementing this law, particularly with regard to a comprehensive livelihood security policy of the canton.

The government council appoints the advisory commission and determines its tasks and organization. It may assign one or more representatives of service providers and professional organizations to the commission.

1. The individual service offerings include services of personal assistance and financial aid.

1. Every needy person is entitled to personal and economic assistance.

2. A person is considered needy if they are unable to sufficiently or promptly provide for their own livelihood from their own resources.

3. Every person is entitled to access the community's social services.

1. The employees of social services and the recipients of social assistance mutually respect human dignity and personal integrity.

Employees of the social services take due account of the circumstances of each individual case.

1. Municipalities shall neither deport individuals in need nor hinder or deny their right to settle.

2. In the event of a violation, the offending municipality is required to reimburse all costs to the municipality providing assistance. Reimbursement of costs is excluded from financial equalization.

3. For foreign nationals, the provisions regarding the revocation or denial of residence permits, as well as expulsion, deportation, and repatriation, shall remain reserved.

1. Personal and economic assistance shall be granted based on an individual target agreement.

2. The provision of social assistance shall be accompanied by instructions insofar as they prevent, resolve, or reduce neediness, or promote responsible self-action.

1. Individuals who claim social assistance are required to provide the social service with necessary information regarding their personal and economic circumstances and to report any changes to these circumstances voluntarily and without delay.

2. They are obliged to

a) Follow the instructions of the social service,

b) Take the necessary measures themselves to avoid, remedy, or reduce the neediness,

c) Accept a reasonable job or participate in a suitable integration measure. A job is considered reasonable if it is appropriate to the age, health condition, personal circumstances, and abilities of the person in need.

1. Personal assistance is provided in the form of counseling, support, mediation, and information.

Economic assistance covers the basic needs for the subsistence of the person in need and enables them to participate appropriately in social life.

Reservations particularly apply to restrictions for individuals who cannot claim social assistance based on treaty regulations, who are illegally residing in Switzerland, in transit, or subject to reductions according to Article 36.

Own resources and entitlements to benefits from third parties shall be appropriately considered in the assessment of the assistance.

Generally, economic assistance is not granted for the repayment of debts.

1. The Government Council issues a regulation on the assessment of economic assistance.

2. In doing so, it must adhere to the following framework conditions

a) Equal treatment of all recipients of assistance, taking into account regional differences,

b) Observance of professional principles,

c) Creation of incentive systems that lead the recipients of assistance towards self-sufficiency and integration, especially towards gaining employment,

d) Implementation of the most cost-effective variant for the canton and municipalities in the long term.

The social authority establishes upper limits for housing costs, taking into account the current regional housing market, and reviews them regularly.

It reports the established upper limits to the responsible office of the Health, Social, and Integration Directorate at the beginning of each year.

1. Financial assistance is generally provided in the form of a monetary benefit. This can be done through

a) cash payment,

b) bank or postal transfer,

c) payment of outstanding invoices,

d) reimbursement of the costs of service offerings for adults with disabilities or in accordance with the legislation on social service offerings,

e) advancement of outstanding third-party benefits.

2. Assistance may exceptionally also be provided through in-kind benefits, through cost approvals, or through the issuance of vouchers.

3. Upon request by a spouse or a person living in a registered partnership, the assistance can be divided and distributed separately to both spouses or both registered partners.

4. The advancement of maintenance contributions for children and collection assistance are governed by special legislation.

1. Economic assistance may be exceptionally granted when assets are present which cannot be realized or which realization is unreasonable at the time of the application.

1a

If the needy person possesses real estate, a contract for the establishment of a mortgage shall generally be concluded with them.

1b

The mortgage serves to secure the repayment claims in accordance with Article 40, paragraph 2.

1c

The needy person is responsible for the notarial fees and land register charges.

2-5

...

1. Economic assistance may be granted as an exception if there are claims for benefits from third parties, but these benefits have not yet been provided.

2. The assistance is generally contingent upon the assignment of claims to the municipality.

3. If the social service advances social insurance benefits, it demands payment of the due advanced benefits from the insurer.

The social service reviews measures with the needy person that can contribute to professional or social integration.

Measures for professional or social integration include, in particular, professional qualification measures, integration assistance into the labor market, employment programs, family work, volunteer work, as well as therapies.

If the needy person provides the self-contribution agreed upon with the social service within the framework of a measure for professional and social integration, this should be appropriately taken into account when assessing financial assistance.

1. Economic assistance shall be reduced in cases of breach of duty or self-inflicted neediness. In minor, justified cases, a reduction can be waived.

2. The reduction in benefits must be commensurate with the misconduct of the needy person and must not affect the absolutely necessary subsistence level. It may only affect the culpable person themselves.

1. The social service is obligated to assert claims for maintenance and support under family law, which are transferred to the supporting community.

2. Subject to the provisions of international treaties, the Federal Act of June 24, 1977, on Jurisdiction for the Support of Needy Persons (ZUG), and the Act of February 6, 1980, on Assistance in Collection and Advancement of Child Support Payments.

1. If the maintenance or support contribution has not yet been contractually or judicially determined, or if a determined contribution is to be increased, the social services department shall, as far as possible, reach an agreement with the obligated person regarding the nature and extent of the performance to be rendered by them.

2. If no agreement is reached, the social services department shall file a claim with the competent court.

1. To ensure the intended use, the social service can also direct the financial assistance for the needy person to third parties.

2. The financial assistance must not be pledged or assigned. Except for claims for reimbursement, it also must not be offset against counterclaims by the municipality.

1. Individuals who have received economic assistance are obliged to reimburse it once their financial circumstances have significantly improved.

2. Individuals who receive economic assistance despite having assets are obliged to reimburse it as soon as the assets are realizable or have been realized.

3. Individuals who have received economic assistance in anticipation of forthcoming benefits from third parties are obliged to reimburse it as soon as the claims can be realized.

4. Individuals who have willfully caused their own neediness in a gross manner must reimburse the economic assistance that had to be provided to them as a result.

5. Individuals who have unlawfully received economic assistance are obliged to reimburse it along with interest.

1. No claim for reimbursement pursuant to Article 40 paragraph 1 arises if the financial assistance

a has been lawfully received during the period of minority or until the completion of regular initial education, with the exception of advances on social security benefits, scholarships, family allowances, and similar benefits intended for the maintenance of children,

b has been received for granted integration allowances and earnings exemptions, with the exception of advances on social security benefits, scholarships, family allowances, and similar benefits intended for maintenance.

1. The wife, the husband, or the person living in a registered partnership is generally obligated to repay the economic assistance granted to the other person, provided that a reason for reimbursement exists according to Article 40.

2. Whether the reimbursement can be claimed is determined according to the maintenance and support obligations dictated by family law or based on Article 13 of the Federal Act of 18 June 2004 on the Registered Partnership of Same-Sex Couples (Partnership Act, PartG).

1. The financial assistance received by a deceased person during their lifetime is to be repaid

a) by the heirs and legatees, if the estate is not insolvent, and to the extent that they have benefited from the estate,

b) **\*** by individuals who benefit from a payment due as a result of the deceased person's death under a life insurance policy or social insurance.

2. The personal circumstances of the enriched individuals and their relationship to the deceased person are to be appropriately considered.

3. Upon application, a waiver of a refund may be granted in whole or in part in cases of hardship.

4. The government council shall regulate the criteria for the existence of a case of hardship pursuant to paragraph 3 by ordinance.

The social service that has provided economic assistance regularly assesses whether the conditions for reimbursement are met.

If the conditions for reimbursement are fulfilled, the social service is obliged to assert the reimbursement claim. It shall, if possible, reach an agreement with the liable person regarding the modalities of reimbursement.

If no agreement is reached, the social service shall order the reimbursement.

The social service informs other social services in the Canton of Bern that also have a right to reimbursement.

1. Municipalities receive a collection commission as an incentive for the collection efforts of their social services.

2. The government council determines the amount of the collection commission and the revenues on which a collection commission is based. These revenues may specifically include

a. family law maintenance payments,

b. advanced insurance benefits,

c. reimbursements.

1. The social service may offset claims for reimbursement determined pursuant to Article 44 with due benefits. The principles of Article 36, paragraph 2, must be observed.

2. Persons in need, who are liable for reimbursement due to severe self-inflicted neediness or unlawful receipt of benefits as a result of a breach of duty, shall first have their benefits reduced as a sanction, provided that the conditions of Article 36 are met.

1. The claim for reimbursement becomes time-barred after one year from the date the social service is made aware of the circumstances necessitating reimbursement, but no later than ten years following the provision of each individual benefit.

2. If reimbursement is agreed upon or mandated, a new five-year limitation period applies from that date, replacing the periods outlined in paragraph 1.

3. The one-year limitation period in paragraph 1 and the five-year limitation period in paragraph 2 are interrupted by any action to collect the debt and by partial payments made by the person obligated to reimburse. They are suspended as long as the person obligated to reimburse cannot be pursued in Switzerland.

4. If the reimbursement claim originates from a criminal act for which criminal law prescribes a longer limitation period, that period also applies to the reimbursement claim.

5. A reimbursement claim secured by a mortgage is not subject to any limitation period.

1. The provision of social assistance to persons residing in the canton is the responsibility of the municipality where the person in need has their support residence. The support residence is determined according to the provisions of the ZUG.

2. The provision of social assistance falls under the responsibility of the municipality of residence if the person in need does not have a support residence as per paragraph 1 or requires immediate assistance outside their support residence. Residence is defined as the actual presence in a municipality.

2a If an obviously needy person, especially due to illness or an accident, has been transferred to another municipality upon medical or official order, the municipality from which the assignment was made is considered the municipality of residence.

2b If there is a dispute over local jurisdiction, the municipality to which the needy person first submitted their request for assistance must provide social welfare as an advance until the matter of jurisdiction is clarified.

3. Disputes over jurisdiction between municipalities are decided upon complaint by the governing official of the administrative district of the defendant municipality.

4. ...

1. Jurisdiction under Article 46 paragraphs 1 and 2 also applies to the following persons in the asylum sector, provided that the federal government does not provide social assistance payments for them

a **\*** Refugees and recognized stateless persons,

b **\*** Persons in need of protection with a residence permit,

c **\*** Provisionally admitted persons.

2. Reserved is Article 2 of the Act of December 3, 2019, on Social Assistance in the Asylum and Refugee Sector (SAFG)[[7]](#paragraphtext_content_fn_4631232_2_7_c).

2a

The government council may prescribe a different jurisdiction for persons under paragraph 1, particularly for cases where persons under paragraph 1 live together with persons supported according to SAFG.

3-4

...

1. The Directorate of Health, Social Affairs, and Integration is responsible for victims as well as witnesses of human trafficking,

a) who have been granted a period for recovery and reflection according to Article 35 of the Ordinance of the Federal Council of October 24, 2007, on Admission, Stay, and Gainful Employment (VZAE), or

b) who hold a short-term residence permit according to Article 36 VZAE.

1. The Directorate of Health, Social Affairs, and Integration and the municipalities may transfer the provision of social assistance pursuant to Article 46a and 46a1 within their jurisdiction to public or private entities through a service contract. These entities may issue orders within the framework of the delegated competences.

2. The provisions of the Act of March 9, 2021, on Social Services (SLG) shall apply mutatis mutandis.

**To the Civic Communities as well as the Guilds and Societies of the Civic Community of Bern, which exercise civil social assistance at the time of the enactment of this law, falls the responsibility of granting social assistance to their members.**

The competent civic community reimburses the municipality of residence or stay or the canton for the costs of assistance provided to its members.

The civic communities may withdraw from providing civil social assistance at the end of any calendar year. The procedure is regulated by the cantonal government.

**1. Municipal Corporations and Corporate Entities that do not provide public welfare must annually contribute a communal fund to the Directorate of Health, Social Affairs, and Integration.**

2. The communal contributions from the Municipal Corporations and Corporate Entities shall be assessed based on their economic capacity. These contributions are credited as revenue to the financial equalization scheme.

3. The Government Council shall issue regulations concerning the amount and assessment of the communal contributions, the determination procedure, and exemptions from the contribution obligation.

1. The procedure for granting social assistance is generally initiated upon request and, in exceptional cases, ex officio.

2. The application for social assistance must be submitted verbally or in writing to the social services of the competent municipality. The applicant may be represented by another person.

1. The social service takes the necessary precautionary measures and arranges for the steps required to assess the application.

2. It reports to the Child and Adult Protection Authority and submits a proposal if the implementation of a child or adult protection measure is indicated.

3. If additional medical assessments are required concerning the work integration of a person in need, the social service may order a medical examination.

4. It may enter into appropriate contracts with physicians.

5. It is entitled to transmit the necessary data to the physicians.

1. Social Inspections

Social inspections are specific investigations of individual cases that may only be conducted if

a. there is a justified suspicion that a person is unlawfully receiving, has received, or is attempting to receive benefits, and

b. the social service has exhausted its own means of determining the facts of the case.

1. The social inspectors clarify the circumstances of the affected individuals, particularly concerning

a. employment,

b. housing situation,

c. ability to work, and

d. income and financial status.

1. Within the scope of social inspections, evidence is gathered in accordance with Article 19 of the General Administrative Procedures Act (VRPG).

2. As necessary, the following evidence may, in particular, also be utilized

a. Surveillance of the affected person without their knowledge,

b. Unannounced visit to the workplace,

c. Unannounced visit to the residence.

3. Social inspectors may only enter the residence and workplace with the consent of the entitled individuals.

The individuals concerned may only be monitored for a limited time and on public grounds. They must be identifiable without technical aids.

Social inspectors are not allowed to influence the behavior of the individuals concerned.

The monitoring may involve the use of image recording devices.

For each order of surveillance, the social service must obtain prior consent from the social authority.

1. Social inspections may only be conducted by professionally qualified persons.

2. The Government Council shall issue regulations concerning the requirements for social inspectors by ordinance.

1. The arrangement of a social inspection is carried out by the head of the social services and is recorded in the affected person's file with details of the facts justifying the suspicion.

2. A written order for social inspection specifies, in particular, which means of evidence the social inspectors are permitted to use.

3. With the order, the social inspectors receive the data necessary for clarification.

4. The government council may issue further regulations regarding the content of social inspection orders.

**Social Inspectors' Duties and Reporting**

The social inspectors shall report to the social service, hand over the usable evidence, and promptly destroy the unsuitable evidence.

The data collected during the social inspection shall be filed in the dossier of the person concerned.

The person concerned shall be informed by the social service about the evidence collection upon completion of the social inspection.

The governing bodies of the social services shall report annually to the Directorate of Health, Social Affairs, and Integration on the social inspections conducted and their outcomes.

1. The social service makes and communicates its decisions fundamentally in the form of a contestable order.

2. Favorable decisions can also be made and communicated in another form. However, upon request, an order must also be issued for these decisions.

1. Appeals against decisions of social services and public and private entities within the jurisdiction of the municipalities may be lodged with the Governor or the Deputy Governor. Appeals against decisions of public or private entities within the jurisdiction of the Directorate of Health, Social and Integration can be lodged with the Directorate.

2. Instead of the Governor or the Deputy Governor, the Upper Orphans' Chamber decides on appeals against decisions of the social assistance authorities of the Civic Community of Bern, as well as its guilds and societies. The government council regulates the organization of the Upper Orphans' Chamber by ordinance.

3. Decisions on appeals are subject to appeal to the Administrative Court.

4. For representation in proceedings before the appeal authorities, persons and organizations of the complainant's choice are admissible.

1. In proceedings before the social services and the appeal bodies, no procedural costs shall be charged, except in cases of frivolous or reckless litigation.

1. The expenditure of the municipal communities and the mixed communities for individual service offerings is subject to cost equalization within the provisions of Article 78 et seq.

2. The expenditure of the civic communities is not subject to cost equalization.

1. The compensatory costs that the Canton of Bern, as the canton of residence, is obliged to assume in relation to the canton of stay pursuant to Article 14 ZUG, shall be reimbursed by the municipality of residence to the canton of stay in accordance with Article 46, paragraph 1.

1. Costs of measures ordered and pre-financed by a competent municipal community pursuant to this law at a service provider according to SLG shall be borne equally by the municipal community and the canton.

2. Contributions or benefits from third parties must be deducted before the cost sharing.

1. Individuals involved in the execution of this law are required to keep confidential any information about natural persons that comes to their knowledge in the course of their duties.

2. The obligation to maintain social welfare confidentiality ceases when

a. a legal provision explicitly demands or permits the disclosure of information,

b. the concerned person explicitly consents to the disclosure of information,

c. fulfilling social welfare tasks mandatorily requires the disclosure of information,

d. a criminal offense is reported, or

e. the superior authority authorizes the provision of information.

1. Individuals involved in the enforcement of this law are obligated to report to the public prosecutor when they become aware of concrete grounds for suspicion in the course of their duties, regarding

a) a crime subject to public prosecution,

b) an offense subject to public prosecution in connection with the receipt of social welfare benefits, or

c) a violation of Article 148a of the Criminal Code (StGB), except if it is evidently unintentional.

2. The reporting obligations under Article 48 paragraph 1 of the Introduction Act of June 11, 2009, to the Code of Civil Procedure, Code of Criminal Procedure, and the Juvenile Criminal Procedure Code (EG ZSJ) and pursuant to paragraph 1 letter a do not apply to individuals involved in the enforcement of this law if

a) the information comes from the victim,

b) the information comes from the victim's spouse, registered partner, domestic partner, a parent, sibling, or child of the victim, or

c) the victim is a spouse, registered partner, domestic partner, parent, sibling, or child of the suspected perpetrator.

1. Information according to Article 57a paragraph 1 may be shared in application of Article 57a paragraph 2 letter a, in particular, with

a) other authorities involved in the execution of individual social assistance,

b) authorities of other cantons involved in the execution of individual social assistance,

c) agencies responsible for the enforcement of collection and advance payment of maintenance benefits to fulfill these tasks,

d) service providers and authorities entrusted with the enforcement of the SLG,

e) child and adult protection authorities within the framework of Article 443 of the Civil Code (ZGB)[[12]](#enumeration_itemtext_content_fn_2834223_2_12_c),

f) canton and municipal police authorities according to Article 146 paragraph 1 of the Police Act of February 10, 2019 (PolG)[[13]](#enumeration_itemtext_content_fn_2834224_2_13_c),

g) prosecuting authorities in criminal proceedings against a person involved in the execution of this law who makes statements for their own defense,

h) the competent immigration authorities upon request according to Article 97 paragraph 2 of the Federal Act of December 16, 2005, on Foreigners and Integration (Foreign Nationals and Integration Act, AIG)[[14]](#enumeration_itemtext_content_fn_2834226_2_14_c) and unsolicited under Article 97 paragraph 3 letter d AIG in accordance with the implementing provisions of the Federal Council,

i) institutions and bodies of social insurances insofar as the federal law provides for the corresponding data processing,

k) tax authorities of the canton and municipalities within the framework of Article 155 of the Tax Act of May 21, 2000 (StG)[[15]](#enumeration_itemtext_content_fn_2834228_2_15_c),

l) debt collection and bankruptcy authorities within the framework of Article 91 paragraph 5 and Article 222 paragraph 5 of the Federal Act of April 11, 1889, on Debt Collection and Bankruptcy (SchKG)[[16]](#enumeration_itemtext_content_fn_2834229_2_16_c),

m) the competent office of the Directorate of the Interior and Justice within the framework of Article 22 paragraph 1 of the Act of June 6, 2000, concerning the introduction of federal laws on health, accident, and military insurance (EG KUMV)[[17]](#enumeration_itemtext_content_fn_2834230_2_17_c).

2. Information may only be shared if the requesting authorities and individuals specify the subject of the requested information precisely and explain the purpose and necessity of the data processing.

3. Persons entrusted with the execution of this law may also share information with authorities and individuals who are not subject to any special confidentiality obligations, provided the conditions under Article 57a paragraph 2 are met.

1. Information is generally to be obtained from the person concerned pursuant to the duty to cooperate under Article 28.

2. If this is not possible or practical, the information may be obtained directly from third parties based on Article 57e paragraph 1.

3. For information that cannot be obtained based on Article 57e paragraph 1, the persons entrusted with the implementation of this law shall obtain a power of attorney from the affected persons at the time of submitting the application for social assistance.

4. To the extent that it is absolutely necessary, authorities and service providers involved in the implementation of this law may retrieve the following data, including previous data, from the central personal data collections of the canton

a) Information on measures under child and adult protection law or social aid,

b) Information on the household.

1. The following authorities and individuals are obliged, subject to the professional confidentiality obligation under Article 321 of the Swiss Criminal Code, to provide oral and written information, including data of a particularly sensitive nature, to the persons responsible for the enforcement of this law

a. The authorities of the canton and municipalities pursuant to Article 2 of the Administrative Procedure Act (VRPG), in particular the authorities of resident registration, foreigner authorities, tax authorities, and police bodies,

b. Individuals and organizations of public or private law, insofar as they are entrusted with the fulfillment of cantonal or communal public duties,

c. Individuals who live in a household community with a person claiming or applying for benefits under this law, or who are obligated to support or maintain such a person,

d. Employers of individuals who claim or apply for benefits under this law,

e. Landlords of residential space for individuals who claim or apply for benefits under this law,

f. The institutions and bodies of social insurance that perform tasks transferred to the canton.

2. The authorities and individuals mentioned in paragraph 1 are particularly obliged to provide information regarding the clarification of

a. The financial and personal circumstances of individuals claiming benefits under this law,

b. The claims of these individuals against third parties,

c. The integration of these individuals,

d. The repayment obligations under this law.

3. The authorities and individuals mentioned in paragraph 1 may, on their own initiative, provide information to the authorities responsible for the enforcement of this law if they have reliable knowledge that the persons concerned by the report are receiving social assistance and the information is essential for establishing claims under this law.

1. The Health, Social, and Integration Directorate may take special measures and conduct or promote pilot projects to achieve the objectives and goals of individual social assistance.

2. In doing so, the provisions of the SLG apply accordingly.

1. The sponsors of social services and the service providers shall deliver all essential data timely to the competent authority of the Health, Social, and Integration Directorate, which are necessary for

a. the collection and analysis of the services provided,

b. the collection and analysis of the demand for service offerings,

c. the planning and coordination of demand-appropriate service offerings,

d. the assessment of the impact and quality of the service offerings,

e. the examination of compliance with legal obligations.

2. The data must be anonymized to the extent that only conclusions about municipalities and service providers are possible.

3. The competent authority of the Health, Social, and Integration Directorate is responsible for data protection in accordance with Article 8, paragraph 2 of the Data Protection Act of February 19, 1986 (KDSG)[[18]](#paragraphtext_content_fn_4631305_2_18_c).

4. The government council shall regulate the details by ordinance. In particular, it may specify the type and scope of the data as well as the time of data delivery.

If a social service provider or service provider fails to deliver the data or does not comply with the requirements, the competent authority of the Health, Social, and Integration Directorate may impose an amount of up to 20,000 Swiss Francs after an unsuccessful reminder.

1. The Directorate of Health, Social Affairs, and Integration is authorized to process and publish the data collected from the social services providers and service providers in a way that makes the individual municipalities and service providers identifiable.

2. It may publish the results of the comparative evaluation of the municipalities and service providers, particularly on the Internet, according to the following criteria

a) Services provided, including their effects and quality,

b) Costs incurred.

3. The municipalities are given the opportunity to comment on the results of the comparative evaluation before publication.

1. The government council may, by regulation, require the sponsoring entities of social services to use a case management system approved by the competent authority of the Directorate of Health, Social Affairs, and Integration.

2. The evaluation and implementation of a standardized case management system shall involve the participation of municipalities. The Directorate of Health, Social Affairs, and Integration shall actively include representatives of the municipalities in the development of the case management system.

3. A case management system must, in particular, allow for the use of the data and control model established by the competent authority of the Directorate of Health, Social Affairs, and Integration.

**1. The competent municipality may issue a cost guarantee upon the application of a service provider if the following conditions are met:**

a) the service provider is a listed hospital or maternity facility situated in the canton,

b) the costs are irrecoverable expenses for emergency medical treatments and subsequent repatriation costs,

c) the treated person does not reside in Switzerland and the canton of Bern is responsible according to ZUG,

d) there is an extraordinary case.

**2. The governing council shall regulate the details by ordinance.**

**3. It shall specifically determine when an extraordinary case exists and may limit the number of service providers who can obtain a cost guarantee under paragraph 1.**

1. Insofar as social assistance is a joint responsibility of the canton and municipalities, the associated expense shall be borne jointly by the canton and municipalities through financial equalization in accordance with the provisions of the Law on Financial Equalization (FILAG) dated November 27, 2000.

1. The following expenses of the canton are eligible for equalization of burdens

a *** ...

b *** the expenses for special measures,

c the expenses according to special legislation,

d *** the eligible expenses for social inspections,

e *** the expenses for economic assistance, counseling and support efforts as well as the personnel costs for victims and witnesses of human trafficking,

f *** the eligible expenses for the case management system determined by the Directorate of Health, Social Affairs, and Integration,

g *** the expenses according to Article 54b.

2. The Government Council shall issue detailed regulations on the eligible expenses.

1. Equalization Entitlement Comprise the Following Expenditures of the Municipalities

a the services of economic assistance for needy individuals,

b the eligible expenses for the remuneration and further training of personnel employed in the area of individual social assistance and tasks according to special legislation within the municipality,

c the remuneration expenses for interns in social services,

d-e ...

f the expenses according to special legislation,

g the eligible expenses for social inspections and other evidence-gathering activities,

h the costs for securing claims for reimbursement,

i the incurred costs for medical emergency treatments,

k the eligible expenses for the case management system determined by the Health, Social and Integration Directorate.

1. The Government Council issues detailed regulations regarding the eligibility for burden equalization concerning the expenses of the municipalities. It specifically regulates

a) the revenues to be deducted from the expenses,

b) the eligible salary and training expenses for municipal personnel working in the field of individual social assistance,

c) the eligible costs of the social inspectorates and social inspections, as well as other evidence-gathering activities.

2. It may establish lump sums or provide performance-oriented compensation methods for including salary and training expenses in the burden equalization.

1. The competent authority of the Directorate of Health, Social Affairs, and Integration may demand a compensatory fee from municipalities that fail to fulfill the obligation to run a social service.

2. The compensatory fee is to be measured according to the expenditure incurred by the canton when it has to provide social service benefits for the residents of the respective municipality.

1. If the municipality or the agency responsible for social services provides incomplete or incorrect information to the competent authority of the Directorate of Health, Social and Integration Affairs for the purpose of preparing the equalization of burdens calculation, or fails to deliver the required reports and statistical data, or does so not in a timely manner, the competent authority of the Directorate of Health, Social and Integration Affairs may

a. exclude the expenses of the affected municipality entirely or partially from the equalization of burdens, or

b. withhold due payments until the supplemented or corrected data is provided.

2. If the social service systematically disregards the binding assessment bases for economic assistance, the competent authority of the Directorate of Health, Social and Integration Affairs may exclude the expenses of the municipality from the equalization of burdens for the affected period.

3. The Government Commissioner shall take the necessary supervisory measures.

1. The municipalities are obliged to regularly provide the competent authority of the Directorate of Health, Social Affairs, and Integration with the necessary data so that the expenses allocated to the burden equalization by the municipalities can be reviewed.

2. In the area of individual social assistance, the municipalities provide the necessary data that allow an evaluation related to each individual social assistance dossier by the competent authority.

3. The data should enable evaluations regarding the expenses, income, and scope of services of the municipalities.

4. The competent authority of the Directorate of Health, Social Affairs, and Integration ensures that the data is transmitted electronically in a pseudonymized manner. The assignment of the pseudonym must only be possible for the municipality.

4a. The competent authority of the Directorate of Health, Social Affairs, and Integration is authorized to systematically use the AHV insurance number according to the Federal Act of December 20, 1946, on Old Age and Survivors’ Insurance (AHVG)[20].

5. It processes the data with software operated by the authority itself. This is used for

a) a risk-oriented audit of the dossiers,

b) the sequential evaluation of the collected data,

c) the conduct of benchmarking,

d) ...

e) the calculation of salary expenses.

6. The responsibility for data protection in the sense of Article 8 paragraph 2 KDSG lies with the competent authority of the Directorate of Health, Social Affairs, and Integration.

7. ...

1. The competent authority of the Health, Social Affairs and Integration Directorate annually determines the total amount of expenditure eligible for burden equalization for the canton and the municipalities.

2. The total amount of expenditure eligible for burden equalization is borne by the canton and the entirety of the municipalities in accordance with the provisions of the FILAG.

4. If a municipality's share of the cost is less than its compensable expense burden, the Health, Social, and Integration Directorate shall reimburse it for the difference. If a municipality's share of the cost is greater than its compensable expense burden, it must reimburse the Health, Social, and Integration Directorate for the difference.

5. The competent office of the Health, Social, and Integration Directorate shall notify the municipalities of the cost shares and the differences through an official order.

**1. The Government Council enacts detailed provisions regarding the procedure and, in particular, regarding the granting of advance payments by and to the municipalities.**

1. The government council issues the implementing provisions necessary for enforcement.

2. It may transfer its regulatory powers in whole or in part to the Directorate of Health, Social Affairs, and Integration.

1. Applications and proceedings pending at the time this Act comes into force shall continue to be processed in both formal and substantive respects in accordance with the provisions of this Act.

2. The reimbursement of financial assistance received before the coming into force of this Act shall be governed by the provisions of the new law. However, the previous law shall remain applicable insofar as it is more favorable for the person obliged to reimburse.

3. The expenses of the canton and the municipalities for the year 2001 shall be settled within the framework of the burden-sharing in 2002 according to the provisions of this Act. The adjustments for the year 2000 shall be settled in accordance with the previous law.

4. The expenses of the canton and the municipalities for institutional service offers shall remain eligible for burden sharing under the provisions of this Act until the institutional services are made available, provided they were already subject to burden sharing according to social welfare legislation at the time this Act came into force. Excluded from this are the expenses for the canton-specific areas.

1. Municipalities must establish their own social service, operate a joint social service with other municipalities, or join the social service of another municipality by no later than December 31, 2004.

2. Social services that do not meet the requirements of this law must adapt by no later than December 31, 2004.

3. The government council shall determine in a regulation by what date the municipalities must implement a control system in the area of individual social assistance according to the regulations to be issued by the Directorate of Health and Social Care.

4. The government council shall determine in a regulation by what date the canton and the municipalities must provide institutional service offerings according to the provisions of this law.

1. The following Acts are amended

1. Act of May 28, 1911, on the Introduction of the Swiss Civil Code (EG ZGB)[[23]]

2. Act of February 6, 1980, on Debt Collection Assistance and the Advancement of Maintenance Contributions for Children[[24]]

3. Act of November 22, 1989, on Welfare Deprivation of Liberty and Other Measures of Personal Care (FFEG)[[25]]

4. Youth Justice Act of January 21, 1993 (JRPG)[[26]]

5. Police Act of June 8, 1997 (PolG)[[27]]

1. The following enactments are repealed

1. Law of December 3, 1961, concerning Social Welfare,

2. Decree of September 17, 1968, regarding the expenses of the State and municipalities for welfare homes,

3. Regulation of June 29, 1962, regarding the expenses of the State and municipalities for special welfare and care facilities,

4. Regulation of March 13, 1974, regarding the combat against alcoholism,

5. Regulation of July 29, 1966, regarding the promotion of training for social workers,

6. Decree of November 7, 1972, concerning the distribution of expenses for the welfare system,

7. Decree of February 19, 1962, regarding the municipal contributions.

1. This law shall enter into force on January 1, 2002.