860.1 SHGLASOC

CH-BE

Art. 40 Law on Public Social Assistance (Social Assistance Act, SHG) - Recipients of Benefits

Individual Social Assistance Services - Reimbursement

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Art. 40 Law on Public Social Assistance (Social Assistance Act, SHG) · Recipients of Benefits

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.

← Art. 39 Law on Public Social Assistance (Social Assistance Act, SAA) - Assurance of Intended Use Purpose Art. 40a Act on Public Social Assistance (Social Assistance Act, SHG) - Exceptions to the Obligation to Reimburse →

Court Decisions Applying This Provision (52)

200 2024 714 · be (Art. 40 Abs. 5 SHG)

Municipality v. Social Assistance Recipients Repayment Terms Appeal

This provision justifies the conclusion that the social assistance received was unlawful and subject to repayment.

100 2021 358 · be (Art. 40 Abs. 1 SHG)

Repayment of Pre-Marital Social Assistance Based on Post-Marital Income

The decision addresses the requirements for establishing a repayment obligation based on a significant improvement in economic circumstances.

200 2022 316 · be (Art. 40 ff. SHG)

Municipality v. IV Office: Offsetting of Social Assistance and Mandatory Insurance Premiums Against Retroactive Invalidity Payment

Cited in the reasoning for establishing the social assistance law requirement for the reimbursement of advance payments, which is a prerequisite for offset under Art. 85bis IVV.

200 2025 285 · be (Art. 40 Abs. 3 SHG)

Reimbursement of Advanced Social Assistance Upon Receipt of Supplementary Benefits Upheld

Basis for the claim for reimbursement of social assistance paid in anticipation of third-party benefits (EL).

200 2025 359 · be (Art. 40 ff. SHG)

Municipality v. Social Assistance Recipient Repayment Obligation

The court implicitly relies on the general provisions regarding the obligation to reimburse social assistance (Art. 40 ff. SHG) as the basis for the reimbursement claim being judged.

200 2025 377 · be (Art. 40 Abs. 2 SHG)

Social Assistance Reimbursement Upheld Despite Hardship Claim

The court confirmed the appellant's obligation to reimburse social assistance based on the realization of assets.

200 2023 854 · be (art. 40 al. 3 LASoc)

Restitution of Social Assistance Due to Unreported Disability Supplements

The court implicitly corrected the application of this article regarding the excess budget amount of May 2020.

200 2023 854 · be (art. 40 al. 5 LASoc)

Restitution of Social Assistance Due to Unreported Disability Supplements

The court determined the amount of unduly received social assistance that must be reimbursed based on this provision.

2023 GSI 2896 · be (Art. 40 Abs. 5 SHG)

Asylum Seeker Repayment Obligation for Undeclared Assets

Cited as the basis for the general obligation to reimburse unduly received economic assistance.

200 2023 902 · be (Art. 40 Abs. 3 SHG)

Repayment Obligation for Social Assistance Received Pending Retroactive Pension Benefits

This provision was the basis for affirming the appellant's obligation to reimburse social assistance received in anticipation of third-party benefits (pension/supplements).

200 2024 309 · be (Art. 40 Abs. 1 SHG)

Repayment of Social Welfare Benefits Based on Prison Work Compensation

Cited in the reasoning regarding grounds for reimbursement due to a significant improvement in economic circumstances.

200 2024 309 · be (Art. 40 Abs. 2 SHG)

Repayment of Social Welfare Benefits Based on Prison Work Compensation

Cited in the reasoning regarding reimbursement when existing assets are realized.

200 2024 309 · be (Art. 40 Abs. 3 SHG)

Repayment of Social Welfare Benefits Based on Prison Work Compensation

Cited in the reasoning regarding reimbursement for assistance received in anticipation of third-party benefits.

200 2024 309 · be (Art. 40 Abs. 5 SHG)

Repayment of Social Welfare Benefits Based on Prison Work Compensation

Cited in the reasoning to explain the ground for reimbursement in case of unlawful receipt of social assistance.

200 2024 186 · be (Art. 40 Abs. 5 SHG)

Social Welfare Overpayment Due to Early Lease Departure Incentive

The reasoning confirms that the unlawful receipt of benefits under this provision justifies the obligation to reimburse.