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860.111 SHVOASOC CH-BE

Art. 8 Ordinance on Public Social Assistance (Social Assistance Ordinance, SAO) - Provision and Assessment of Economic Assistance

Offers of Individual Social Assistance (Art. 22 to 57 SHG) - Economic Assistance
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Art. 8 Ordinance on Public Social Assistance (Social Assistance Ordinance, SAO) · Provision and Assessment of Economic Assistance

1. The Guidelines for the Design and Assessment of Social Assistance by the Swiss Conference for Social Assistance (SKOS Guidelines)3 in the version of the fifth edition dated January 1, 2021, are binding for the implementation of individual social assistance, insofar as the Social Assistance Act and this ordinance do not provide otherwise.

2. The basic requirement for living expenses according to household size per month, subject to paragraphs 3 to 5, is

| | | |

| --- | --- | --- |

| a | one person | CHF 1006 |

| b | two persons | CHF 1539 |

| c | three persons | CHF 1871 |

| d | four persons | CHF 2153 |

| e | five persons | CHF 2435 |

| f | each additional person | + CHF 204 |

3. For young adults, the basic requirement for living expenses per month is determined by living and housing form as follows

| | | |

| --- | --- | --- |

| a | corresponding share in a household community with parents or in a family-like community, determined by the basic requirement for the entire household divided by the number of people living in the household, | |

| b | flat rate of 770 francs in a shared housing community, | |

| c | flat rate of 805 francs in their own household for important reasons, | |

| d | according to paragraph 2 in their own household if they | |

| | 1 | participate in training or a measure focused on labor market integration, |

| | 2 | are engaged in appropriate employment, or |

| | 3 | care for their own children, |

| e | flat rate of 770 francs in their own household without fulfilling the requirements according to letters c and d. | |

4. The basic requirement for living expenses for persons according to Article 46a paragraph 1 letter c SHG (provisionally admitted) is determined by household size before the expiration of ten years after provisional admission, subject to paragraph 4c. It amounts per month to

| | | |

| --- | --- | --- |

| a | one person | CHF 717 |

| b | two persons | CHF 1097 |

| c | three persons | CHF 1334 |

| d | four persons | CHF 1534 |

| e | five persons | CHF 1735 |

| f | six persons | CHF 1880 |

| g | each additional person | + CHF 145 |

4a

The basic requirement for living expenses for persons according to Article 46a paragraph 1 letter c SHG (provisionally admitted) after the expiration of ten years following provisional admission is determined by household size per month, subject to paragraph 4b, as follows

| | | |

| --- | --- | --- |

| a | one person | CHF 855 |

| b | two persons | CHF 1308 |

| c | three persons | CHF 1590 |

| d | four persons | CHF 1830 |

| e | five persons | CHF 2070 |

| f | six persons | CHF 2243 |

| g | each additional person | + CHF 173 |

4b

For young adults according to paragraph 4a, the basic requirement for living expenses per month is determined by living and housing form as follows

| | | |

| --- | --- | --- |

| a | corresponding share according to paragraph 4a in a household community with parents or in a family-like community, determined by the basic requirement for the entire household divided by the number of people living in the household, | |

| b | flat rate of 752 francs in a shared housing community, | |

| c | flat rate of 793 francs in their own household for important reasons, | |

| d | according to paragraph 4a in their own household if they | |

| | 1 | participate in training or a measure focused on labor market integration, |

| | 2 | are engaged in appropriate employment, or |

| | 3 | care for their own children, |

| e | flat rate of 752 francs in their own household without fulfilling the requirements according to letters c and d. | |

4c

For minors provisionally admitted, the basic requirement for living expenses is determined according to paragraph 4a regardless of the duration of their provisional admission. If during the support according to paragraph 4a they reach the age of majority, the support is determined according to paragraph 4b.

5. The basic requirement for living expenses for persons according to Article 46a paragraph 1 letter a SHG (refugees and recognized stateless persons) living in collective accommodations is determined by support unit, regardless of their age. It amounts per month to

| | | |

| --- | --- | --- |

| a | one person | CHF 599 |

| b | two persons | CHF 918 |

| c | three persons | CHF 1114 |

| d | four persons | CHF 1282 |

| e | five persons | CHF 1491 |

| f | six persons | CHF 1685 |

| g | seven persons | CHF 1852 |

| h | each additional person | + CHF 134 |

← Art. T7-2 Regulation on Public Social Assistance (Social Assistance Regulation, SAR) - Income Exemptions Strategic Controlling Art. 8a Ordinance on Public Social Assistance (Social Assistance Ordinance, SAO) →

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Court Decisions Applying This Provision (19)

100 2021 205 · be (Art. 8 Abs. 2 SHV)
Reduction of Provisional Resident's Social Assistance Allowance and Equal Treatment Principle
The court set the amount for the basic needs allowance (GBL) for the appellant at 85% of the regular amount regulated in this provision.
200 2023 894 · be (Art. 8 Abs. 4 SHV)
Social Assistance Reduction for Preliminary Admitted Persons (Status F Permit Holders) and Children
This provision (in its former wording) determined the reduced GBL basis for provisionally admitted persons applicable for the period July 1, 2021, to December 31, 2022, for the third appellant.
200 2023 894 · be (Art. 8 Abs. 4a SHV)
Social Assistance Reduction for Preliminary Admitted Persons (Status F Permit Holders) and Children
This provision determined the GBL basis (with a nearly 15% reduction) applicable for all appellants from January 1, 2023, onwards.
200 2023 894 · be (Art. 8 Abs. 4c SHV)
Social Assistance Reduction for Preliminary Admitted Persons (Status F Permit Holders) and Children
This provision determined the GBL basis (based on Abs. 4a) applicable to the minor appellant (C.________) from January 1, 2023, onwards.
200 2023 881 · be (Art. 8 SHV)
Social Assistance Rent Cap Dispute
Cited regarding the applicable regulations for determining and measuring economic assistance, referencing the SKOS guidelines.
100 2021 184 · be (art. 8 al. 4 OASoc)
Social Assistance Reduction for Provisionally Admitted Foreigner Based on Permit Status Versus Long-Term Residence
The main legal dispute concerned the application and constitutionality of this provision which sets the reduced standard maintenance allowance (FE) for provisionally admitted persons.
100 2021 275 · be (Art. 8 Abs. 2 SHV)
Social Assistance Rate Reduction for Long-Term Temporary Resident Based on Ordinance Validity and Proportionality
Cited in the operative part (Point 1) as the basis for calculating the regular standard flat rate against which the reduced rate is set.
100 2022 200 · be (Art. 8 Abs. 2 SHV)
Social Aid Recipient vs. Regional Social Service: Suspension of Rental Aid and Reduction of Basic Subsistence Amount
Cited in the operative order (Ziffer 1) as the basis for calculating the basic needs allowance (Grundbedarf) for a single-person household.
100 2021 186 · be (art. 8 al. 2 OASoc)
Cantonal Reduction of Social Assistance for Long-Term Provisionally Admitted Persons Violates Equality Principle
Cited in the dispositive order (point 1) as the reference rate against which the temporary benefit rate (85%) is calculated.
100 2021 203 · be (art. 8 al. 2 OASoc)
Municipality v. Foreign National: Reduction of Social Assistance for Long-Term Provisionally Admitted Foreign National
Used to establish the regular rate against which the reduced rate (85%) is calculated in the main operative order of the Tribunal.
100 2021 219 · be (Art. 8 Abs. 2 SHV)
GBL Reduction for Long-Term Provisional Resident Deemed Disproportionate
Basis for calculating the new basic standard of living amount (85% of the regular rate).
100 2021 219 · be (Art. 8 Abs. 4 SHV)
GBL Reduction for Long-Term Provisional Resident Deemed Disproportionate
The application of this provision was denied for the respondent because it violated the principle of legal equality in this specific case.
100 2021 267 · be (Art. 8 Abs. 2 SHV)
Social Assistance Reduction for Long-Term Temporary Resident Challenged
The basis for calculating the retroactively determined supplementary benefit amount (85% of the regular rate) which the municipality must apply.
100 2021 267 · be (Art. 8 Abs. 4 SHV)
Social Assistance Reduction for Long-Term Temporary Resident Challenged
The provision whose application was denied in part due to a violation of the right to equal treatment, leading to the modification of the benefit calculation.
100 2021 183 · be (art. 8 al. 2 OASoc)
Municipality v. Social Assistance Recipient (Reduced Benefit Rate for Long-Term Provisional Admission)
The Tribunal specified that the calculation of the discretionary social assistance flat rate (FE) for the respondent must be set at 85% of the regular rate defined in this article.