Social Assistance Ordinance (SHV) - Scope of Regulation (SHV)

1. This regulation governs the implementation of the Social Assistance Act in the areas of counseling, support, and integration of individuals in need.

2. It also applies to individuals subject to asylum legislation who have a residence permit (recognized refugees and individuals in need of protection with a residence permit).

1. The social welfare authorities execute the municipal tasks of the Social Welfare Act.

2. The Cantonal Social Office (abbreviated: Office) executes the cantonal tasks of the Social Welfare Act. It is responsible for the enforcement of the Federal Act of June 24, 1977, on the Jurisdiction for the Support of Needy Persons (Jurisdiction Act, ZUG) and communicates with the competent out-of-canton and foreign authorities. It retains an administrative cost share of 5% of the support contributions that the canton collects based on the Jurisdiction Act.

3. ...

1. The appropriate counseling of persons seeking and in need of assistance can be ensured through the establishment of social services or by involving qualified agencies and individuals.

1. Municipalities may not transfer the authority of social welfare agencies to other bodies. Reserved is § 34b of the Municipal Act.

1. The basic needs cover, on a flat-rate basis, the expenses for food, beverages, and tobacco products, clothing and shoes, energy consumption excluding housing-related costs, ongoing household management including waste disposal fees, small household items, healthcare excluding deductibles and co-payments, transportation expenses including environmental protection subscriptions, communication, education and entertainment, personal care, personal equipment, beverages consumed outside the home, and other expenses.

1. The amount of support for basic needs expenses per month for a household with

a. * 1 person CHF 1,061.-;

b. * 2 persons CHF 1,624.-;

c. * 3 persons CHF 1,974.-;

d. * 4 persons CHF 2,271.-;

e. * 5 persons CHF 2,568.-;

f. * for each additional person plus CHF 216.-.

g. * ...

h. * ...

2. If supported persons live with another person in a cohabitation, the support for basic needs shall be reduced in proportion to their share of the household size according to paragraph 1 (per capita quota).

2bis If supported persons live with other persons in a shared living arrangement, the support for basic needs according to paragraph 1 letter a shall be reduced by 10%.

2ter If supported adult children live in the household of non-supported parents or vice versa, the support for basic needs shall be reduced in proportion to their share of the household size according to paragraph 1 (per capita quota) and reduced by 20%.

3. If supported persons, who are between 18 and 25 years old, live in a one-person household, the support for their basic needs expenses is generally CHF 812.- per month.

1. For individuals in a home, clinic, or similar facility, the level of support for basic needs is determined based on the current needs of the supported person and amounts to a maximum of CHF 383 per month.

2. For needy individuals who have neither a domicile for support nor a place of residence, as well as for persons who are in inpatient therapy according to § 21 SHG, the level of support for basic needs is determined based on their current needs.

1. The reasonableness of housing costs is determined by the household size and local housing market conditions.

2. The social welfare authorities notify the office of the reasonable housing costs in their municipality and update the information when conditions change.

3. If supported persons live with other individuals in the same household, the support for their housing costs is reduced according to their share of the reasonable housing costs as per para. 1 (per capita share).

3bis. If supported adult children live in the household of unsupported parents or vice versa, generally no housing costs are allocated.

4. If supported persons aged between 18 and 25 live in a one-person household, the support for housing costs generally amounts to half of the reasonable housing costs as per para. 1 for a two-person household.

5. If the actual housing costs exceed the reasonable housing costs as per para. 1, the actual costs are generally covered for a period of 6 months.

1. Considered as expenses for mandatory insurance are

a. the regular minimum contribution to the AHV (Old Age and Survivors Insurance),

b. * basic insurance of health and accident insurance up to the amount of the regional average premium for adults, young adults, and children;

c. building insurance.

1. Considered as expenses for medical treatment and care are

a. * The deductibles, co-payments, and patient contributions for nursing services from Spitex and nursing homes remaining after health insurance benefits;

b. * Essential expenses not covered by compulsory health insurance, in absolute exceptional cases;

c. Pain-relieving dental treatments;

d. Simple, economical, and appropriate dental restorations within the framework of the social insurance tariff;

e. Parental contributions based on child and youth dental care legislation.

1. The social assistance authority may require the assisted or applicant person to undergo a review of the submitted medical certificate by a trusted doctor of its choice.

2. The costs of the review shall be borne by the social assistance authority, unless they are covered by the health insurance of the assisted or applicant person.

1. For support regarding the expenses for dental treatments and dental restorations pursuant to § 13 para. 1 items c and d and § 14 kAV, a cost estimate must be submitted to the social welfare authority before the treatment is carried out. Exceptions are cases of emergency pain-relieving dental treatments as well as annual dental check-ups and dental hygiene treatments.

2. The social welfare authority decides on applications up to CHF 500 directly. Cost estimates between CHF 500 and CHF 1,000 may be submitted by the social welfare authority to the responsible dental professional for a plausibility review. Cost estimates exceeding CHF 1,000 must be submitted to the responsible dental professional for a plausibility review. The dental professional reports to the social welfare authority according to the terms of the contract pursuant to para. 3.

3. The Department of Finance and Church Affairs and the Department of Economics and Health jointly appoint the dental professionals responsible for the social welfare authorities from the dentists practicing in the canton. They conclude a contract with these professionals containing at least the following content

a. Conducting an examination to determine whether the submitted cost estimates are plausible regarding compliance with § 13 items c and d in terms of professional and tariff aspects;

b. Providing a free recommendation to the social welfare authority;

c. Cantonal remuneration of the activity based on effort.

4. The social welfare authority may require the applicant to have the cost estimate reviewed by a dentist of trust of their choice. The costs of the review are covered by the social welfare authority.

5. Paras. 2-4 also apply mutatis mutandis to invoices for emergency dental treatments pursuant to § 13 item c.

1. Daycare is defined as paid external supervision during the day for children and adolescents of needy dependents.

1. Family-support measures are considered to be remunerated, outpatient socio-pedagogical interventions in favor of the family.

1. As additional necessary expenses, the following may be incurred, adhering to the principle of individualization, the principle of proportionality, and the principle of economic efficiency

a. * Rent deposit for the apartment in the municipality of settlement,

b. suitable home furnishings,

c. extraordinary costs associated with gainful employment,

cbis. * extraordinary expenses for participation in integration measures;

d. * expenses for children's leisure activities up to a maximum of CHF 600.- per child per year,

dbis. * expenses for children's necessary school-related matters,

dter. * expenses for attending playgroups,

e. * ...

f. family contact in extraordinary cases,

g. vacation in absolute exceptional cases,

h. storage of furniture during home stay or eviction,

i. * reasonable moving costs for relocating within the municipality,

k. * reasonable moving costs upon moving out of the municipality,

l. * premiums for liability and household insurance,

m. * fees for identity documents.

2. Considered as further necessary expenses is

a. upon moving out of the municipality, a subsistence allowance for 1 month in the amount specified in § 9, as well as the reasonable housing costs in the new municipality for 1 month.

1. The income exemption under § 6bis paragraph 2 of the Social Help Act (SHG) is considered an amount of employment income that maintains and promotes self-sufficiency and self-help, but is at least CHF 100.- and at most CHF 400.- per person per month.

2. The amount of the motivational allowance under § 6bis paragraph 3 SHG is CHF 100.- per person per month.

3. The amount of the employment allowance under § 6bis paragraph 4 SHG is CHF 80.- per person per month.

4. The amount of gratuities from third parties under § 6bis paragraph 5 SHG is at most CHF 50.- per person per month.

5. Persons entitled to a motivational allowance under § 6bis paragraph 3 letter a SHG receive this allowance retroactively after successful completion of the measure.

1. The amount of the reduction according to § 6ter para. 1 SHG is CHF 40.- per person per month.

2. After the cessation of the exceptional reason, a new 2-year period is not triggered for

a. Mothers with children under 12 months;

b. Employed persons;

c. Persons in education;

d. Persons attending a support program, language promotion course, basic skills course, or employment program;

e. Persons with at least 70% medically certified incapacity to work;

f. Other persons in justified exceptional cases.

3. For children, the period, in terms of a benefit duration of 2 years, is triggered upon reaching the age of 18.

1. ...

2. The available asset amounts are as follows for

a. * 1 supported person: CHF 2,200.-;

b. * 2 supported persons: CHF 3,400.-;

c. * 3 supported persons: CHF 4,200.-;

d. * 4 supported persons: CHF 4,700.-;

e. * 5 or more supported persons: CHF 5,300.-.

2bis The available asset amounts for persons aged 55 and over are as follows

a. an individual: CHF 25,000.-;

b. a married couple or registered partnership: CHF 50,000.-.

3. ...

4. The asset exemption is granted only once per support period, generally at the commencement of support.

5. Regardless of paras. 2-4, an appropriate level of satisfaction payments and integrity compensations are considered available asset amounts.

1. The Supported Person is particularly obliged to

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| a. | provide all necessary information for the assessment of the support completely and truthfully, allow access to relevant documents, and sign the necessary authorization; | | |

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| b. | immediately report any changes to the support-relevant circumstances without being asked; | | |

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| c. | assert all claims under § 5 [SHG](https://bl.clex.ch/data/850/de/art5) to which they may be entitled, and conduct themselves in such a manner that these claims do not lapse or become time-barred; | | |

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| d. | assign claims up to the extent of the support received; | | |

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| e. | in the case of non-assignable claims, authorize the debtor to make payments to the community; | | |

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| f. | strive to retain their employment position; | | |

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| g. | seek gainful employment; | | |

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| h. | accept a reasonable job offer; | | |

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| i. **\*** | participate in mandated development programs, language promotion programs, and basic skill courses, or engage in mandated employment; | | |

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| ibis **\*** | participate in mandated social integration measures and measures for early language promotion; | | |

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| j. | use their income and the support provided as intended; | | |

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| k. | deposit the license plates of the motor vehicle. | | |

1. The support may be reduced by a maximum of 30% of the basic needs measure according to § 9 due to culpable violation of duties.

2. The reduction must be threatened and restricted to a reasonable period.

3. Support is to be reduced to emergency assistance for a maximum period of 1 year if

a. support has been reduced by the maximum amount due to culpable violation of duties in accordance with paragraph 1,

b. the violation of duties continues, or duties are violated again, and

c. the reduction to emergency assistance has been threatened.

4. If supported individuals culpably violate their duties according to § 17a letters c, f, h, and i, the support shall be directly reduced to emergency assistance following a prior warning.

5. In addition to the costs for adequate accommodation and the costs according to § 13, the emergency assistance according to paragraphs 3 and 4 includes CHF 10.60 per person per day for living expenses.

6. Special needs must be taken into consideration.

1. Emergency assistance according to § 4c [SHG](https://bl.clex.ch/data/850/de/art4c) primarily covers the costs of returning home.

2. Secondly, the emergency assistance includes appropriate accommodation, emergency medical care, and CHF 8.55 per person per day. This amount generally covers all living expenses and should be provided in kind whenever possible.

3. Special needs must be taken into consideration.

1. The Canton compensates the municipalities for the costs of supporting needy individuals who are residing in the Canton and do not have a settlement in the Canton.

2. The Canton disburses the expenses to the municipalities on a quarterly basis.

3. The statement of accounts, including all necessary documents, must be submitted to the Canton no later than 3 months after the end of the quarter. Necessary documents are considered to be the decrees and the invoices from the service providers. Reimbursable are the services whose invoice date falls within the quarter to be accounted for.

4. ...

1. The canton compensates the municipalities for the costs incurred for recognized refugees and persons in need of protection with a residence permit on a flat-rate basis, based on the Global Flat Rate 2 (GP2) provided by the federal government.

2. The canton compensates the municipalities for the costs for asylum seekers with permit N, provisionally admitted persons with permit F, and persons in need of protection without a residence permit with permit S on a flat-rate basis, based on the Global Flat Rate 1a and 1b (GP1) provided by the federal government.

3. The forwarding of the global flat rates occurs after deduction of

a. the share for unaccompanied minor asylum seekers (UMA);

b. the costs charged to the canton for individuals within the asylum system who have not yet been assigned to the canton;

c. extraordinary costs borne by the canton for the asylum system;

d. the costs incurred by the canton in connection with plausibility checks of cost estimates for dental treatments.

4. The forwarding of global flat rates after deductions according to Para. 3 is carried out as follows

a. 88% fixed per assigned person;

b. 3.5% distributed to persons above the average quota;

c. 1%, but a maximum of CHF 60 per place and month, distributed for initial reception places (EAP) made available to the federal government or canton;

d. 4% distributed for special cases.

5. The calculations according to Para. 4 are based on the following formulas

a. 88% fixed share = GP2 x 88% / stock of persons Status B and VA FL.

b. 88% fixed share = GP1 x 88% / stock of persons Status N, VA, and S.

c. 3.5% variable share per person above the average quota = (GP1 x 3.5% + GP2 x 3.5%) / sum of all persons above the average quota.

d. 1% share per EAP = (GP1 x 1% + GP2 x 1%) / number of EAP in the canton.

e. 4% risk share = GP1 x 4% + GP2 x 4%.

6. In the formula, the terms mean

a. GP2: Global Flat Rate 2 from the federal government;

b. Status B: Persons with a positive asylum decision;

c. VA FL: Persons with provisional admission as a refugee;

d. GP1: Global Flat Rate 1 from the federal government, which includes both Global Flat Rates 1a and 1b;

e. Status N: Asylum seekers;

f. Status VA: Persons with provisional admission;

g. Status S: Persons in need of protection without a residence permit;

h. Average quota: For the calculation of the average quota, all persons according to § 2 Para. 1 kAV are considered;

i. Stock of persons: All persons present on the last day of the month are decisive;

j. EAP: Initial reception places made available to the federal government or canton for accommodation.

7. Special cases according to Para. 4 letter d include

a. Persons classified as "medical cases" according to the criteria from the federal government as per Article 99a Para. 3 letter f Asylum Act;

b. Persons that need to be accommodated in a home;

c. Former unaccompanied minor asylum seekers with special care needs until the completion of initial education but at most up to the age of 25 years;

d. Unaccompanied minor asylum seekers who are fully cared for by the municipality and are not in structures co-financed by the canton.

8. The payment of the flat rate occurs quarterly.

9. Corrections to the payments according to Para. 8 are made with the first payment in the following year.

10. The payment of funds for special cases according to Para. 7 is made once a year, proportionally distributed across all cases.

11. 3.5% of the federal flat rates remain with the canton as a contribution to the costs incurred by the canton due to the operation of initial reception homes.

12. The duration of compensation depends on the duration of the federal funds received.

13. The defined distribution of global flat rates according to Paras. 4 and 11 is regularly reviewed and adjusted to changing developments.

1. The compensation of the flat rate according to § 21, § 17a para. 1 kAV and § 18 para. 1 lit. b kAV shall be made upon exit from the primary reception center into the municipality.

2. The canton reimburses the municipalities retroactively from the date of allocation per entry into a primary reception center for the costs of mandatory health and accident insurance for indigent persons

a. for the premiums, on a flat-rate basis, in the amount of 90% of the regional average premium for adults, young adults, and children per person and day, according to the Federal Department of Home Affairs;

b. for deductibles and co-payments, on a flat-rate basis according to the provisions of Art. 103 para. 1 or 2 of the Ordinance on Health Insurance (KVV) of June 27, 1995, per age group per person and day.

3. Exceptionally, the payment of the flat rate or parts thereof may occur from the allocation to the municipality, in deviation from para. 1, even if the person remains in a primary reception center.

1. The Canton compensates the municipalities for the costs incurred by them through integration measures.

2. The amount of compensation pursuant to paragraph 1 is per month for

a. Promotion programs: CHF 1,500;

b. Language promotion courses: CHF 1,500;

c. Basic skills courses: CHF 800;

d. Employment programs: CHF 500;

e. Measures of social integration: CHF 400;

f. Measures for early language promotion: CHF 400.

3. The Canton disburses the expenses to the municipalities on a quarterly basis.

4. The billing must be submitted to the Canton no later than 3 months after the end of the quarter, including all necessary documentation. Necessary documentation is considered to include decisions and billing receipts from service providers. Compensable are the services whose invoice date falls within the quarter to be billed.

5. Compensation for integration is subject to a potential reimbursement obligation to the federal government.

6. The Canton grants the compensation pursuant to paragraph 2 as follows

a. For persons with a positive asylum decision, for a maximum of 5 years from the date of the asylum application, and thereafter according to § 25b paragraph 2;

b. For provisionally admitted refugees, for a maximum of 7 years from entry into Switzerland, and thereafter according to § 25b paragraph 2.

1. If a municipality provides support to a person who has their support residence in another municipality within the Canton of Basel-Landschaft, the latter municipality shall be liable for the costs and compensate for the expenses incurred.

1. In the event of an accrual of assets, the following exemptions shall be granted

a. for the person receiving the accrual of assets CHF 30,000;

b. for each child, an additional CHF 15,000, provided that

1. the child is a minor or in education, and

2. the person with the accrual of assets is obliged to provide support.

2. As part of the refund review, the affected person is obliged to provide the necessary information concerning their financial circumstances.

3. Vested benefits and pillar 3a pension benefits cannot be used for repayment.

4. The law applicable at the time of the refund review shall apply.

5. The refund can also be effected by an agreement.

1. The social welfare authorities shall notify the office of the evidence of benefit reduction.

2. ...

3. ...

1. The care allowance amounts to CHF 400 per month.

2. The reimbursement of the care allowance to the municipality requires that the incentive contributions are suitable for fulfilling their legal purpose and that the reduction in services is demonstrated.

3. The canton pays the care allowance to the municipalities quarterly. The statement must be submitted to the canton, including the agreement between the employer and the social welfare authority, no later than 3 months after the end of the quarter.

1. The provision of cantonal reimbursements requires that the integration measures are suitable for fulfilling their legal purpose and are recognized by the canton.

2. The upper limit for cantonal reimbursements per supported person per month is as follows

a. * Support programs CHF 750;

b. * Language promotion courses CHF 750;

c. * Basic competency courses CHF 400;

d. * Employment programs CHF 250;

e. * Measures for social integration CHF 200;

f. * Measures for early language promotion CHF 200.

3. The canton pays the expenses to the municipalities on a quarterly basis.

4. The settlement must be submitted to the canton, including all necessary documents, no later than 3 months after the end of the quarter. The necessary documents are considered to be the decisions and the invoices of the service providers. Reimbursed are the services whose invoice date falls within the quarter to be accounted for.

5. ...

1. The Office is a competence center for integrations. It decides on the recognition of integration programs.

2. It operates an internet platform with information about suitable integration measures, particularly regarding their content, target groups, and costs.

3. The canton may directly conclude service agreements with third parties in specific areas.

1. Fully granted applications based on §§ 13, 14a, 14d, and 15 can be processed without a formal decision, provided they cannot be charged to other cantons or abroad.

2. The social assistance authority may delegate the decision-making power over fully granted applications based on paragraph 1 to the social service or the presidency.

1. The social assistance authorities shall communicate the following orders to the office within 2 weeks

a. * ...

b. * ...

c. * ...

d. * ...

e. * all orders concerning drug therapies according to § 21 SHG as well as all orders and/or appropriate evidence where the canton is the cost bearer.

2. ...

2bis ...

3. ...

1. The office ensures the proper and appropriate implementation of social assistance legislation.

2. It invites the social assistance authorities, otherwise, to amend support orders that have been issued.

1. The office conducts examinations in the municipalities regarding the proper and adequate implementation of social assistance legislation.

1bis. The examination is generally conducted in the form of audits.

2. It may inspect all documents. The members of the authorities are obliged to provide information to it.

1. The Office is responsible for the continuing education of individuals who are entrusted in the municipalities with the execution of support for needy persons and the integration of individuals entitled to support. The continuing education is provided particularly through training and consultation.

1. Persons entrusted with performance assessment possess the necessary legal knowledge, particularly in the field of social welfare law and procedural law.

2. Orders for performance assessments are issued in writing by the social welfare authority.

3. They must include the following details in particular

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| a. | The necessary personal data of the affected person; | | |

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| b. | A description of the suspicion and the facts substantiating it; | | |

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| c. | The results of assessments already conducted; | | |

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| d. | A clear description of the necessary assessments and the evidence permitted to be used; | | |

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| e. | For evidence according to § 42a Sec. 6 SHG, a time limitation. | | |

4. If new suspicions arise during the course of a performance assessment that also need to be clarified by such an assessment, a new order is required for this.

5. Persons entrusted with the performance assessment report to the social welfare authority, hand over the usable evidence, and immediately destroy the unsuitable evidence.

6. The affected person is informed by the social welfare authority of the data collected following the completion of the performance assessment.

7. The social welfare authorities report annually to the Cantonal Social Office on the performance assessments conducted and their results.

8. The report includes details about the number of performance assessments, the results, sanctions, the duration and costs of the assessments, submitted criminal charges, and, if applicable, the names of third parties commissioned.

1. Municipalities may submit accounts to the canton for periods prior to the enactment of the amendment to the ordinance of December 11, 2018, based on §§ 20, 21, and 25b, until June 30, 2019; otherwise, the claim is forfeited.

1. Funds that were accumulated based on the law in force until December 31, 2024, must be dissolved.

1. Municipalities shall dissolve their welfare assets by no later than December 31, 2002.

2. The municipal assembly or the municipal council shall decide whether the funds of the welfare assets are to be wholly or partially

a. used to cover a deficit in the welfare sector,

b. transferred to equity capital, or

c. transferred into a fund in accordance with § 19 paragraph 2 of the Ordinance of November 24, 1998, on the Financial Management and Accounting of Municipalities (Municipal Finance Ordinance).

1. The Regulation of March 9, 1999, on the Approval of Municipal Regulations is amended as follows: ...

1. The Service Regulation of December 21, 1999, of the Finance and Church Directorate is amended as follows: ...

1. The Ordinance of December 19, 2000, on the Law Governing the Employment Relationships of Employees of the Canton (Personnel Ordinance) is amended as follows: ...

1. The term "Welfare Office" is replaced by "Cantonal Social Office" in the following provisions

a. § 1 of the Ordinance of April 6, 1999, concerning the Allocation of Service Units,

b. §§ 11, 15, and 16 of the Cantonal Asylum Ordinance of February 20, 2001.

2. The term "Cantonal Office of the Poor Secretariat" is replaced by "Cantonal Social Office" in the Executive Council Decision of February 9, 1951, regarding the Designation of the Competent Authorities according to Art. 217, Section 2 of the Swiss Criminal Code.

1. The Ordinance of November 24, 1998, on the Financial Budget and Accounting of Municipalities (Municipal Finance Ordinance) is amended as follows: ...

1. The Government Council Ordinance of December 21, 1982, on the Implementation of Fiscal Equalization is amended as follows: ...

1. The ordinance of November 25, 1997, regarding the type and extent of welfare support is hereby repealed.

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