Act on Social and Youth Assistance (Social Assistance Act, SHG) (Sozialhilfegesetz, SHG) - Subject Matter (SHG)

1. This law regulates the social assistance and youth assistance provided by the Canton and municipalities.

2. It specifically regulates

a. the counseling, material support, and integration of persons in need;

b. the support of persons with alcohol or drug addictions in therapy;

c. the advance payment and enforcement assistance for maintenance contributions;

d. the supervision of homes;

e. the assistance for children and young people.

1. The social assistance aims to prevent personal neediness, alleviate or remedy its consequences, and maintain and promote independence and self-help.

2. The youth assistance aims to support children, young people, and families in need with outpatient educational services and to ensure the accommodation of children and young people who cannot live with their families.

3. ...

4. All measures of these aids must respect the dignity of those affected.

1. The bodies of social and youth welfare cooperate with public and private social institutions as well as with social insurance institutions.

2. Municipalities may jointly fulfill their social welfare responsibilities in accordance with the municipal law.

1. Persons seeking assistance are entitled to free counseling and, in the presence of need, entitled to material support.

2. The competent municipality is obligated to provide professional advice to all persons seeking and in need of assistance, actively inform them about their rights and obligations, and support them to the necessary extent.

3. The determination of aid shall be carried out together with the person seeking assistance. The aid may be linked to counter-performances.

4. In determining aid, special consideration is to be given to the welfare of children.

1. Responsible for individuals seeking assistance is the municipality at the support residence of the person seeking assistance. For persons without a support residence, the municipality at the location of stay of the person seeking assistance is responsible.

2. For the determination of the support residence, the location of stay, and the prohibition of deportation, the provisions of the Federal Act of June 24, 1977, on Jurisdiction for the Support of the Needy shall apply accordingly.

1. In cases of unclear neediness, material support is denied or discontinued.

1. Subject to Paragraph 2, no material support shall be granted to

a. Persons without a residence permit in Switzerland or the canton,

b. Foreign nationals who stay in Switzerland solely for the purpose of job seeking, as well as their family members,

c. Tourists, and

d. * Persons with a legally enforceable deportation order under immigration law.

2. Upon request, emergency assistance as per Article 12 of the Federal Constitution of the Swiss Confederation shall be provided.

3. The government council shall regulate the extent of the emergency assistance according to Paragraph 2.

1. Support is granted if reasonable self-help or statutory, contractual, or other benefits from third parties are insufficient or not available in a timely manner.

2. The obligation of relatives to provide support is not considered a statutory benefit from third parties.

3. ...

1. Support is granted for expenses related to basic needs, suitable housing, mandatory insurance, medical treatment and care, daycare, family support measures, as well as other necessary expenditures.

1bis. Supported individuals, particularly children, adolescents, and young adults, must be provided with personal development and education appropriate to their abilities.

2. Support is granted only for ongoing expenses as per paragraph 1. Exceptionally, support may be granted for debt repayment, particularly for housing or health costs, if this is a suitable response to an existing or threatening emergency situation.

2bis. Exceptionally, support can be granted for the repayment of debts that arise during the support period due to the improper use of the support benefits.

2ter. Material support pursuant to paragraphs 2 and 2bis can be deducted from the ongoing support up to a maximum of 30% of the basic needs. Excluded are supported individuals whose basic needs are determined according to § 10 of the Social Assistance Ordinance.

2quater. The provision of support must not fall below the emergency aid level.

3. The government council regulates the amount of support and adjusts it according to household size, age category, and other criteria. It may use the guidelines of the Swiss Conference for Social Assistance (SKOS) as a reference. It adjusts the support with respect to inflation and follows the recommendations of the Conference of Cantonal Social Directors (SODK) concerning inflation.

1. No assistance shall be granted for the expenses related to the possession, maintenance, and operation of a motor vehicle unless it is required for medical or professional reasons.

2. Unless the use of a motor vehicle is necessary for professional or health reasons, the license plates must be deposited.

3. A motor vehicle permanently provided by a third party is considered an additional benefit from a third party. If it is not required for medical or professional reasons, the ownership, maintenance, and operating costs of the motor vehicle will be deducted from the material support.

1. For the purpose of incentivization, supported individuals receive the following flat-rate grants

a. Income exemption for the employed;

b. Motivation allowance;

c. Employment incentive;

d. Gracious donations.

2. Income Exemption for the Employed

A supported individual receives a graduated income exemption, provided they are engaged in gainful employment.

3. Motivation Allowance

A supported individual receives the motivation allowance if they

a. attend a support program, a language support course, or a basic skills course and have received social assistance for less than 2 consecutive years. After the 2 years, the municipality may continue to grant motivation allowances for 1 additional year.

b. complete vocational training.

4. Employment Incentive

If a supported individual attends an employment program, the municipality grants an employment incentive, provided the individual has received assistance for less than 2 consecutive years. After the 2 years, the municipality may continue to grant an employment incentive for 1 additional year.

5. Gracious Donations

Gracious donations from third parties to supported individuals during participation in an integration measure are considered grants.

6. Further details are regulated by the government council.

1. After an uninterrupted benefit period of 2 years, a supported person receives a flat-rate reduction in the basic needs. Exceptions are

a. Children under 18 years of age;

b. Mothers with children under 12 months;

c. Persons aged 55 years or older, who have been gainfully employed in Switzerland for at least 20 years and have not received social assistance during this time; caregiving and parental credits are credited as gainful employment;

d. Employed persons;

e. Persons in education;

f. Persons attending a promotional program, a language promotion course, a basic skills course, or an employment program;

g. Persons with a medically certified work incapacity of at least 70%;

h. Other persons in justified cases.

2. Details are regulated by the Government Council.

1. For the calculation of assistance, income shall be included, movable assets are to be sold, and immovable assets are to be mortgaged or sold.

2. If the needy person does not mortgage or sell their assets to the specified extent, the assistance will be correspondingly reduced.

3. The Government Council determines the exempt asset amounts.

**1. Persons providing support to individuals living in a stable domestic partnership with non-supported persons must consider the duty of assistance arising from this marital-like circumstance, particularly the income and asset situation of the non-supported person, when calculating the support.**

**2. A stable domestic partnership is assumed:**

a. if a joint household has been maintained for at least 2 years,

b. if the two persons live together with one or more common children, or

c. in the case of marriages not recognized in Switzerland.**

1. If persons are supported who live in an unestablished cohabitation or in a shared living arrangement with unsupported persons and perform household or caregiving work for them, an appropriate remuneration is accounted for this work.

2. In the case of unestablished cohabitation as per paragraph 1, it is presumed that the supported person performs household or caregiving work.

1. Assistance is generally provided in money and on a periodic basis.

2. Assistance is generally directed to the person in need. If this person does not provide assurance for its appropriate use, the assistance may be directed to the creditors of the assisted person to the corresponding extent.

1. Benefits may neither be assigned, pledged, seized, nor offset against tax or other claims of the public community.

2. Any assignment or pledge is null and void.

**1. The supported person is obliged to actively utilize and support all measures that serve the achievement and maintenance of their independence.**

**2. The supported person is particularly obliged to cooperate in clarifying the entitlement to support services, collaborate with the authorities and bodies, and comply with their conditions and directives.**

a. * ...

b. * ...

c. * ...

d. * ...

e. * ...

ebis. * ...

f. * ...

g. * ...

**3. If the supported person culpably violates their obligations, the support will be reduced in accordance with the degree of culpability, up to a maximum of emergency assistance pursuant to Art. 12 of the Federal Constitution of the Swiss Confederation.**

**4. The government council regulates the specifics.**

1. The assisted person is obliged to reimburse the support received to the extent that he or she subsequently receives statutory or contractual benefits from third parties for the period of support.

2. The supporting community can claim the benefits from third parties directly and offset them against the support to be reimbursed.

3. The claim for reimbursement expires 10 years after the end of the support period.

4. The limitation period is interrupted and recommences with the actions mentioned in Art. 135 of the Swiss Code of Obligations and any official action aimed at determining or asserting the claim, by which the claim is asserted against the debtor in an appropriate manner.

1. The supported individual is obliged to reimburse any received support if they come into significant assets (acquisition of wealth).

2. The reimbursement covers the material support that the supported individual has received for themselves and for those jointly supported with them.

3. The claim for reimbursement lapses 1 year after the wealth acquisition becomes known, but no later than 10 years after the end of the support period.

4. The executive council sets exemption amounts upon an acquisition of wealth and regulates further details.

1. Wrongfully obtained benefits must be repaid with interest at 5%. In cases of significant hardship, the demand for repayment may be waived, in whole or in part, upon request.

2. In the case of ongoing assistance, the social welfare authority may deduct wrongfully obtained benefits up to a maximum of 30% of the basic needs.

3. The repayment demand becomes time-barred after 1 year from the time its basis becomes known, but no later than 10 years from the granting of the benefit.

4. Repayment demands arising from a criminal offense are subject to the statute of limitations under criminal law, provided that it prescribes a longer limitation period.

1. The supported person is obliged to secure the repayment obligation with a mortgage, if necessary.

2. The repayment obligation is non-interest-bearing. It is inheritable to the extent that it does not overburden the inheritance.

3. ...

4. The repayment secured by a mortgage is neither subject to the statute of limitations nor to forfeiture.

1. Supports provided to young adults up to the age of 25, which they have received based on their own rights, are not subject to the reimbursement obligation according to § 13 para. 1.

2. The costs for integration measures, subsidies, and incentive contributions are not subject to any reimbursement obligation.

1. Repayable bridging loans may be granted to individuals in financial distress, provided that within one year, the end of the distress and the repayment are foreseeable.

2. If the end of the distress and the repayment do not prove to be foreseeable as assumed, the bridging loan is to be converted into assistance.

**1. The canton operates an assessment center as an initial contact point, advisory, and coordination office.**

2. The purpose of the assessment center is to preemptively counteract dependency on social assistance through appropriate measures. This is achieved particularly by promoting employability, involving, and coordinating the various institutions.

3. The assessment center primarily targets unemployed individuals residing in the canton, especially those facing the prospect of being phased out of the unemployment insurance.

4. Individuals supported by social assistance may, under certain conditions, be assigned to the assessment center by the municipalities.

5. Further details are regulated by the government council.

1. Municipalities enable supported individuals to participate in integration measures.

2. Integration measures are

a. *Promotion programs,

b. *Language promotion courses,

c. *Basic competency courses,

d. *Employment programs,

e. *Measures of social integration,

f. *Measures of early language promotion.

3. Municipalities may mandate participation in integration measures.

4. Integration measures must be coordinated with previously conducted integration measures. They should be oriented towards the compatibility of professional and family responsibilities.

1. Promotion Programs Serve to Enhance Employability.

2. Language Promotion Courses Serve the Acquisition of the German Language.

3. Basic Competency Courses Serve to Acquire Fundamental Knowledge and Skills in the Areas of Reading, Writing, Oral Expression, Basic Mathematics, and the Use of Information and Communication Technologies.

4. Employment Programs Serve to Facilitate an Orderly Management of Daily Life.

5. Measures of Social Integration Serve to Promote Cohabitation, Especially Among the Native and Migrant Population.

6. Early Language Promotion Measures Serve the Acquisition of the German Language in Preschool Age.

1. Incentive contributions promote integration into the primary labor market and aim at the disengagement from social assistance.

1bis Incentive contributions consist of

a. employer-side social security contributions and

b. a care allowance.

1ter Municipalities reimburse employers who hire supported individuals with reduced capacities for work, generally for a maximum of 1 year, for the employer-side social security contributions and provide them with a care allowance.

2. Municipalities can provide employers who hire supported individuals with employer-side social security contributions for a limited period.

3. Employers are not allowed to assign these individuals to work at deployment companies.

4. The details are regulated by the government council.

1. The municipality may provide its support during an outpatient or inpatient alcohol or drug therapy through a recognized specialized institution.

2. The canton determines the recognized specialized institutions.

1. The canton grants material support to individuals in need for inpatient, voluntary, or drug therapies mandated under child and adult protection law. The therapies must aim for rehabilitation and, as far as possible, abstinence.

2. For drug therapies involving minors, the canton provides contributions based on the provisions of youth assistance regarding contributions for accommodation in residential facilities. Those with maintenance obligations contribute to the payments according to § 28a. The government council shall regulate the details.

3. If the therapy extends beyond the age of majority, support pursuant to paragraph 1 shall be granted from that point onward.

1. The canton advances court-approved or court-ordered maintenance payments to children residing in the canton if those responsible for their support fail to fulfill their payment obligations.

2. The provision of such advancements continues until the child reaches the age of 20.

1. Maintenance contributions are advanced only up to the amount of the maximum full AHV orphan's pension.

2. If the child earns an income, the advance payment is correspondingly reduced.

3. No advance payment of maintenance contributions for children occurs if the non-obligated parent's financial situation is good. The government council determines the classifications and grades them according to

a. Marriage without separation, unseparated registered partnership, and stable cohabitation;

b. Unstable cohabitation with household or caregiving work according to § 8;

c. Single person.

1. Retroactive advancement of maintenance contributions is only permissible for the preceding month.

2. The persons obligated to pay maintenance are liable for the enforcement fees.

1. The canton assists children residing within the canton with enforcing maintenance contributions approved by the child protection authority or ordered by a court, if the individuals obligated to pay do not fulfill their payment obligations.

2. It assists divorced or separated spouses residing within the canton with enforcing court-ordered maintenance claims, if the individuals obligated to pay do not fulfill their payment obligations.

2bis. Paragraph 2 also applies to individuals in dissolved registered partnerships as well as to partners in registered partnerships whose separation has been legally regulated.

3. The individuals obligated to pay maintenance, as well as the spouses or partners entitled to maintenance who are in good financial standing, are liable for enforcement fees.

4. Spouses and partners entitled to maintenance who are in good financial standing shall pay a fee for the cantonal assistance in enforcing their maintenance claims in the event of a successful enforcement (referred to as the collection fee). The collection fee shall not exceed CHF 1,000.-.

1. Assistance with the Collection of Due Maintenance Payments

Assistance with the collection of due maintenance payments is only granted if the maintenance beneficiaries or their representatives have already made serious efforts to obtain the payment, or if it was unreasonable for them to do so.

1. The operation of a home for children, adolescents, or adults requires the approval of the canton and is subject to its supervision.

2. Approval is granted if the home meets the professional, operational, and structural requirements.

3. Any institution or department thereof that regularly provides minors with education, care, or supervision during the day or night is considered a home for children or adolescents requiring approval.

4. Any private institution or department thereof that regularly provides adults with care or supervision during the day or night is considered a home for adults requiring approval.

5. Special regulations apply to homes for the elderly and nursing homes as well as homes for persons with disabilities.

1. The canton ensures that the necessary residential homes for children and adolescents are available.

1bis. It provides advice and offers training and education for the placement of children and adolescents in foster families. It may delegate this task to private parties and provide contributions to institutions for foster families.

2. ...

3. The government council is authorized to finalize state treaties concerning residential homes for children and adolescents as well as the foster care system.

1. The canton provides a range of outpatient educational assistance for children, adolescents, and families.

1. The canton grants contributions

a. to the accommodation and care costs as well as the follow-up care costs of children and young people in recognized domestic or neighboring foreign residential homes;

b. to the accommodation and care costs of children and young people in recognized domestic foster families;

c. to the costs for services of outpatient educational assistance from recognized providers.

2. Contributions are granted if the service is professionally indicated, or is ordered under juvenile criminal law or within the framework of child protection law, and if the child or young person has a civil residence in the canton.

3. Contributions are granted until the attainment of legal age. They may be granted beyond this if there are important reasons, provided that a service began during minority.

1. The obligors shall contribute to the contributions under § 28 in accordance with their financial capacity, as well as with targeted social security benefits.

1bis. The obligation to contribute as per paragraph 1 also applies to minors who earn their own income or receive maintenance contributions or family support, as well as to young adults.

1ter. The financial capacity of the obligors is determined by including the assistance of those legally obligated to provide support, as well as another person in a stable cohabitation.

1quater. A cohabitation is considered stable if it has lasted for at least 2 years or if it has resulted in one or more children.

2. The government council shall set an upper limit on contributions.

1. The recognition of a residential home for children and adolescents is based on the need according to cantonal and intercantonal planning of needs, as well as on the expertise, operation, construction, and cost-effectiveness.

2. The recognition of a foster family is based on a graduated level of expertise. The gradations are decisive for the amount of contribution.

3. The recognition of an outpatient educational support service is based on the need according to cantonal and intercantonal planning of needs, as well as on the expertise, operation, and cost-effectiveness.

1. The municipalities implement the provisions for the support of needy persons. Reserved remains § 33.

2. The municipality bears the costs for supporting needy persons who have their support residence within it. Reserved remains the passing on of costs based on the Jurisdiction Act.

3. The canton bears the costs for supporting needy persons

a. who have neither a support residence nor a place of stay;

b. for whom the canton is liable for reimbursement based on the Jurisdiction Act.

4. ...

1. The municipalities are responsible for the care and support of individuals who are subject to asylum legislation and do not have a residence permit (referred to as asylum seekers). The federal asylum legislation and the regulations in accordance with subsection 3 apply.

2. The Canton

a. allocates asylum seekers proportionately to the municipalities;

b. provides municipalities with the federal compensation;

c. ensures the provision of federal programs for asylum seekers;

d. may operate initial reception centers.

3. The government council regulates the details.

1. The municipality that has made the decision regarding material assistance shall execute the provisions concerning reimbursement.

2. ...

3. ...

4. ...

1. The municipalities bear the costs associated with integration measures, as well as the ancillary labor costs pursuant to § 17 para. 1bis lit. a.

2. The canton reimburses the municipality, which has provided the support, for half of the incurred costs for integration measures. The Council of State establishes the prerequisites as well as an upper limit for the cantonal reimbursements.

3. The canton bears the care allowance pursuant to § 17 para. 1bis lit. b and reimburses this to the municipality.

1. The canton enforces the provisions regarding support for residential drug therapies and bears the associated costs. Section 2 remains reserved.

2. The municipality of residence reimburses the canton for 1/4 of its costs for support of a residential drug therapy. Excluded from this are the costs for the canton's contributions to drug therapies for minors until they reach the age of majority according to § 21 Section 2.

1. The canton enforces the provisions regarding youth welfare.

2. ...

3. The responsibility for the school costs of children and adolescents in recognized residential homes is governed by the provisions of the Education Act.

1. Municipalities appoint a special authority for the execution of the municipal tasks of this law (hereafter: Social Welfare Authority).

2. The municipal code determines the election body of the Social Welfare Authority as well as the number of its members. It may provide that one member belongs to the municipal council.

1. Individuals entrusted with the execution of this law and its implementing provisions are obligated to maintain confidentiality concerning matters that come to their knowledge in the course of their duties.

2. The obligation of confidentiality shall not apply, particularly if

a. the affected individual has authorized the disclosure of information;

b. a criminal offense is reported; or

c. there is a right or obligation to provide information based on a legal provision.

1. The information required for the enforcement of this Act shall primarily be obtained from the person applying for or claiming support within the framework of the duty to cooperate pursuant to § 11 para. 2.

2. If this is not possible or reasonable, the information can be obtained directly from third parties according to the following provisions.

3. If the necessary information cannot be obtained based on paras. 1 and 2, the social welfare authority may acquire information based on a power of attorney obtained from the person applying for or claiming support.

1. The social welfare authorities exchange among themselves the information that is strictly necessary for fulfilling social welfare tasks and is deemed essential for the efficient and factual processing of support cases.

2. Upon request, the social welfare authorities provide the subsequent municipality, upon a change of residence for support of a person, with the information that is strictly necessary for fulfilling social welfare tasks.

3. The information according to paragraphs 1 and 2 includes

a. the clarifications made regarding subsidiarity;

b. the decisions issued.

1. If the information pursuant to § 38a para. 1 cannot be obtained from the person applying for or claiming support, the following entities are obligated to provide oral and written information required for the enforcement of this law to the authorities responsible for its execution

a. the authorities and bodies of the canton and the municipalities;

b. persons and organizations of public or private law, insofar as they are entrusted with the performance of public tasks;

c. the employers of the persons applying for or claiming support;

d. landlords of residential space to persons applying for or claiming support.

2. The persons and authorities mentioned in para. 1 are particularly obliged to provide information for the clarification of

a. the financial and personal circumstances of persons applying for or claiming support;

b. the claims of these persons against third parties;

c. the integration of the supported person;

d. the obligation to reimburse in accordance with this law.

3. The authorities mentioned in para. 1 may, on their own initiative, provide information to the authorities responsible for the enforcement of this law if they are aware that the persons affected by the report are applying for or claiming social assistance and the information appears necessary for the clarification of claims under this law.

1. The establishment, termination, or modification of rights and obligations pursuant to this Act shall occur in the form of orders.

2. First-instance orders by municipalities regarding the support of needy individuals are subject to challenge by objection.

1. The objection procedure is free of charge.

2. The appeal procedure following the objection procedure is free of charge, subject to § 20 para. 2 of the Administrative Procedure Act of Basel-Landschaft dated 13 June 1988.

3. The costs of free legal aid are borne

a. by the municipality for the objection procedure;

b. by the canton for the appeal procedure.

1. Anyone who, for themselves or others, unlawfully obtains benefits under this law by making false or incomplete statements, by concealing changed circumstances, or in any other manner, shall be punished with a fine of up to CHF 10,000. Aiding and abetting, as well as attempted offenses, are punishable.

1. The municipalities may provide contributions to private social institutions.

1. The canton reviews the municipalities regarding the proper and appropriate enforcement of this law and takes the necessary measures if applicable.

2. It ensures the training of the persons entrusted with the enforcement of this law in the municipalities.

3. ...

1. The canton and municipalities combat the abuse of social assistance.

2. To combat abuse, social assistance authorities may, without the authorization of the supported person, engage external parties to conduct benefit assessments if

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

b. the assessments are necessary for the determination or verification of the entitlement to material support.

3. Benefit assessments may only be carried out by professionally qualified individuals.

4. Persons assigned to conduct benefit assessments shall investigate the circumstances of the affected individuals, particularly concerning

a. employment activities,

b. housing situation,

c. work capability, and

d. income and asset status.

5. In the course of benefit assessments, evidence is collected pursuant to § 9 paragraph 3 of the Administrative Procedure Act of Basel-Landschaft.

6. To the extent necessary, the following evidence may also be specifically utilized

a. surveillance of the affected person without their knowledge,

b. unannounced visits to their residence.

7. Persons assigned to conduct benefit assessments may only enter the home if the supported person consents on-site.

8. The government council regulates the particulars.

1. Subsidies pursuant to § 6bis and reductions pursuant to § 6ter shall also apply to ongoing support cases as of the effective date of the amendment from November 4, 2021.

1. The new law is applied to ongoing refund cases.

1. The Introductory Act of September 22, 1994, to the Federal Laws on Old Age and Survivors Insurance and Disability Insurance (EG AHVG/IVG - BL) is amended as follows: ...

1. The Introductory Law of March 25, 1996, to the Federal Law on Health Insurance is amended as follows: ...

1. The Health Act of December 10, 1973, is amended as follows: ...

1. The Law of December 1, 1980, on Juvenile Justice Administration is amended as follows: ...

1. The Law of May 28, 1970, concerning the Organization and Administration of Municipalities (Municipal Law) is amended as follows: ...

1. The Act of 7 February 1974 on State and Municipal Taxes and Financial Equalization (Tax and Finance Act) is amended as follows: ...

1. Repealed are

a. the Act of September 24, 1951, on Children's and Educational Homes;

b. the Act of April 29, 1965, concerning Welfare for Persons Endangered by Alcohol;

c. the Decree of September 27, 1965, on Welfare for Persons Endangered by Alcohol;

d. the Welfare Act of May 6, 1974;

e. the Welfare Decree of April 17, 1975;

f. the Ordinance of October 17, 1983, on the Advancement of Alimonies;

g. the Ordinance of May 27, 1997, on Support Services for Persons Who Have Exhausted Unemployment Benefits (ULAP);

h. Section 13, Subsection 2, of the Supplementary Benefits Act of February 15, 1973, to the AHV and IV;

i. Section 16a, Subsection 4, of the Hospital Act of June 24, 1976;

k. Section 22, Sentence 2, of the Act of January 7, 1980, on Inheritance and Gift Tax.

1. The Executive Council shall determine the commencement of this Act. It may provide for a staggered commencement.