Act on the Harmonization and Coordination of Means-Tested Social Benefits - Purpose (SoHaG)

1. This Act aims to harmonize and coordinate the following needs-based social benefits provided by cantons and municipalities

a) Advance maintenance payments;

b) * ...

c) Rent subsidies;

d) Premium reductions;

e) * Contributions for day care, placement of children and adolescents in homes and foster families;

f) Benefits for which income-related exemptions are granted.

2. The social benefits pursuant to para. 1, subpara. a to e are hereinafter referred to as benefits, while those under para. 1, subpara. f are referred to as reductions.

1. This law particularly regulates the principles for

a) the definition of the relevant economic household unit;

b) the composition of the relevant income and the uniform calculation of the assessable income;

c) the central database, access rights, confidentiality obligations, as well as the entity responsible for the database;

d) the procedure;

e) data protection;

f) the disclosure of data for statistical and other non-personal purposes.

1. The provisions of this law are applicable to the services mentioned in § 1 paragraph 1 letters a to e of this law. The provisions of this law apply to the reductions according to § 1 paragraph 1 letter f of this law, with the exception of Chapter IV (Procedural Provisions).

1. Basis for Determining an Entitlement to Benefits and/or Reductions according to § 1 para. 1 lit. a to f of this Act shall be the relevant income of the economic household unit in accordance with §§ 5 and 6 of this Act.

1. The relevant economic household unit (hereinafter household unit) includes, irrespective of residing in the same household, those persons whose income and attributable asset shares are considered for the calculation of the relevant income pursuant to § 6 of this law.

2. It encompasses, in addition to the applicant

a) their spouse or registered partner;

b) their partner in a stable de facto cohabitation;

c) minor or adult children under the age of 25 who are in initial education.

3. If the applicant is underage or an adult in initial education and under 25 years of age, their household unit is determined according to the household unit of the parents. The government council regulates the details.

4. The government council regulates

a) when a de facto cohabitation is considered stable;

b) which additional persons are to be attributed to the household unit;

c) exceptions to the attribution to the household unit.

1. The relevant income of the household unit according to § 5 of this Act is composed of different components depending on the applied benefit and/or reduction according to § 1 para. 1 lit. a to f of this Act.

2. The relevant income of the household unit according to § 5 of this Act includes

a) for the determination of eligibility for alimony advances according to § 1 para. 1 lit. a of this Act, the assessable income according to § 7 of this Act.

b) * ...

c) * for the determination of eligibility for rental subsidies according to § 1 para. 1 lit. c of this Act

ca) the assessable income according to § 7 of this Act;

cb) benefits received according to § 1 para. 1 lit. a of this Act;

cc) training allowances under the Act regarding Training Allowances of October 12, 1967 (hereinafter Training Allowances);

cd) supplementary benefits received under the Federal Act on Supplementary Benefits to Old Age, Survivors' and Disability Insurance (ELG) of October 6, 2006 (hereinafter Supplementary Benefits) and benefits received under the Act on the Introduction of the Federal Act on Supplementary Benefits to Old Age, Survivors' and Disability Insurance and the distribution of cantonal aids (EG/ELG) of November 11, 1987 (hereinafter Allowances);

ce) rental contributions according to the Housing Development and Ownership Promotion Act (WEG) of October 4, 1974, and the Federal Act on the Promotion of Affordable Housing (Housing Promotion Act, WFG) of March 21, 2003 (hereinafter Federal Rental Contributions).

d) * for the determination of eligibility for premium reductions according to § 1 para. 1 lit. d of this Act

da) the assessable income according to § 7 of this Act;

db) benefits received according to § 1 para. 1 lit. a to c of this Act;

dc) training allowances;

dd) supplementary benefits and allowances;

de) federal rental contributions.

e) * for the determination of eligibility for contributions to day care and reductions as well as for the accommodation of children and adolescents in homes and foster families according to § 1 para. 1 lit. e and f of this Act

ea) the assessable income according to § 7 of this Act;

eb) benefits received according to § 1 para. 1 lit. a to d of this Act;

ec) training allowances;

ed) supplementary benefits and allowances;

ee) federal rental contributions.

1. The attributable income of the household unit according to § 5 of this Act constitutes a component of the relevant income according to § 6 of this Act and is uniformly calculated for the benefits and reductions applied for by each household unit pursuant to § 1 para. 1 lit. a to f of this Act.

2. It includes the income and attributable asset shares of the household unit according to § 5 of this Act, adjusted for recognized deductions.

3. The individual components to be considered in the calculation of income as well as the attributable asset shares of the household unit, along with the recognized deductions, shall be determined by the government council through regulation.

4. If gainful employment is waived, this may be taken into account in the calculation of the attributable income (hypothetical income). The government council shall regulate the details.

1. In Chapters III and V of this Law, the following terms mean

a) Database: An organized collection of data that serves a central purpose and encompasses the organization of data as well as their storage, formatting, management, access, manipulation, and presentation in a consistent form.

b) Data Set: A larger amount of data from a specific area contained within a database.

c) Data Carrier: A medium for the permanent storage of data and information.

d) Identifier: A non-descriptive and immutable number that serves as a functional element in a data set, allowing the unique identification of a person or thing.

e) Attribute: A characteristic of a person or thing that can be objectively recorded and described.

**1. The data required for the execution of this law shall be compiled and managed in a central database.**

1. The central database pursuant to § 9 of this Act contains, for the applied and granted benefits pursuant to § 1 para. 1 lit. a to e of this Act, the household units pursuant to § 5 of this Act as well as the composition of the assessable and relevant income of the household units pursuant to §§ 6 and 7 of this Act.

2. It contains, for the household unit in its entirety as well as for the individual persons included therein, at least data on the following identifiers and characteristics

a) Insurance number according to Art. 92a of the Federal Act on Old-Age and Survivors' Insurance (AHVG) of December 20, 1946;

b) Last name and first name;

c) Residential address;

d) Date of birth;

e) Marital status;

f) Nationality;

g) Income;

h) Recognized deductions;

i) Assets;

j) Overview of the benefits applied for or granted pursuant to § 1 para. 1 lit. a to e of this Act;

jbis) * Information regarding the receipt of educational grants;

k) Information regarding the receipt of supplementary benefits and allowances;

l) Information regarding the receipt of federal rental contributions;

m) Information regarding the utilization of social assistance services.

3. Furthermore, the central database contains all information and components necessary for the calculation of the relevant income of the household unit pursuant to §§ 5, 6, and 7 of this Act.

4. The government council shall regulate the process of data delivery from the participating implementing bodies to the central database.

1. The implementing agencies responsible for providing benefits pursuant to § 1 paragraph 1 letters a to e of this law have access to the central database as per § 9 of this law, as well as to other data necessary for the fulfillment of their duties, such as tax data, personal data, and event data.

2. The implementing agencies for subsidies pursuant to § 1 paragraph 1 letter f of this law have access to individual data necessary for the fulfillment of their duties from the central database as per § 9 of this law.

3. The government council regulates the details and determines which other authorities or offices, based on their area of responsibility, have access to data from the central database as per § 9 of this law.

1. Persons with access to data from the central database pursuant to § 9 of this Act, or to other data necessary for the fulfillment of their duties such as tax data, personal data, and event data, are obligated to maintain confidentiality regarding this data with respect to third parties.

1. The government council shall designate an authority responsible for the administration of the central database in accordance with § 9 of this Act, as well as for data protection.

1. Anyone claiming benefits according to § 1, paragraph 1, letters a to e of this law must register with the competent implementing authority in the prescribed valid form.

2. If a registration is not submitted in the proper form or is submitted to an incompetent office, the decisive time for the observance of deadlines and the legal effects tied to the registration is nevertheless the time at which it was handed over to the post or submitted to the incompetent office.

1. Anyone claiming benefits according to § 1, paragraph 1, letters a to e of this law, must cooperate free of charge during the execution and provide all the information necessary to clarify the claim and to determine the benefits.

1. Any substantial change in the circumstances relevant for claiming a benefit according to § 1 Para. 1 lit. a to e of this law must be reported without delay by the entitled person or their representative to the respective competent implementing authority. The government council shall regulate the details.

2. If an entitled person receives multiple benefits according to § 1 Para. 1 lit. a to e of this law, a notification is deemed to have been made if it is submitted to at least one of the competent implementing authorities.

3. In the event that an entitled person or their representative fails to fulfill this reporting obligation without delay, a fee may be imposed due to the violation of the reporting obligation and offset against the outstanding claims of the affected person towards benefits according to § 1 Para. 1 lit. a to e of this law. The government council shall regulate the details and establish a framework for fees.

1. Wrongfully Received Benefits as per § 1 paragraph 1 letters a to e of this Act must be reimbursed. An individual who received benefits in good faith is not required to reimburse them if this would result in significant hardship.

2. Wrongfully received benefits as per § 1 paragraph 1 letters a to e of this Act may be set off against the outstanding claims of the entitled person concerning the same benefit and/or other benefits according to § 1 paragraph 1 letters a to e of this Act.

3. The claim for reimbursement expires one year after the enforcement agency has gained knowledge of it, but no later than five years after the payment of the individual benefits. If the claim for reimbursement is derived from a criminal act for which criminal law prescribes a longer limitation period, such period shall be decisive.

1. As long as overriding private interests are maintained, the right of access to records is granted to

a) the applicant or entitled person.

b) appellate instances for the assessment of orders and decisions in connection with benefits according to § 1 paragraph 1 letters a to e of this law.

1. The appeal procedure is governed by the respective applicable special provisions relating to the benefits pursuant to § 1 para. 1 lit. a to e of this law.

1. Authorities entrusted with the implementation, control, or supervision of the implementation of this Act are authorized to process or have processed personal data required for the following purposes, in particular

a) To assess entitlement to benefits and reductions, as well as to calculate and grant benefits and reductions in accordance with § 1 para. 1 lit. a to f;

b) To exercise supervision over the implementation of this Act;

c) To compile statistics.

1. Exchange of Data Sets

The exchange of data sets between the competent executing authorities or the authority pursuant to § 13 of this Act on the one side, and other authorities and institutions as well as private third parties on the other side, takes place either electronically or using an appropriate data carrier. In communication with authorities and institutions from outside the canton, as well as private third parties, the exchange of data sets must be encrypted. The government council regulates the details.

1. The disclosure of personal data contained in the central database pursuant to § 9 of this Act is governed by the Information and Data Protection Act (Information and Data Protection Act, IDG) of June 9, 2010.

1. The rights of the affected persons, particularly access to their own personal data and the protection of their own personal data, are governed by the IDG.

2. ...

1. The Government Council issues the data protection regulations necessary in connection with the central database pursuant to § 9 of this law. In particular, it regulates

a) the technical and organizational protection measures against unauthorized access and unauthorized processing;

b) the duration of data retention;

c) the anonymization and destruction of personal data after the retention period has expired.

1. The disclosure of data to the central statistical office of the canton is governed by the provisions of the Public Statistics Act (StatG) of May 21, 2014.

2. The disclosure of data for a non-personal purpose, namely for planning and research, to other public bodies in the canton as well as to public bodies in other cantons or the federal government is governed by § 22 of the Information and Data Protection Act (Information and Data Protection Act, IDG) of June 9, 2010.

3. The disclosure of data to private parties can only occur in anonymized form for research purposes.

4. Requests for the disclosure of data should be directed to the body responsible for the central database in accordance with § 13 of this Act.

1. The Executive Council is charged with the execution of this law. It shall issue the necessary implementing provisions.

1. Applications pending at the time of the enactment of this law for benefits and/or reductions pursuant to § 1 para. 1 lit. a to f of this law shall be assessed according to the new law.

2. Claims for benefits and/or reductions pursuant to § 1 para. 1 lit. a to f of this law, which existed at the time of the enactment of this law, must be adjusted to the provisions of this law within two years of its enactment.

1. The following enactments are amended as follows

1. The Law on Rent Subsidies for Families with Children and for Recipients of Old Age and Disability Pensions (Rent Subsidy Act, RSA) is amended as follows

2. The Law on Health Insurance in the Canton of Basel-Stadt (HIL) of November 15, 1989 is amended as follows

3. The Law Concerning Child Daycare (Childcare Act) of September 17, 2003 is amended as follows

4. The Law to Promote the Construction and Renovation of Housing (Housing Promotion Act, HPA) of November 21, 1990 is repealed.

1. This law is to be published. It is subject to a referendum.

2. The Executive Council determines the date of effect upon the law's entry into force. It may provisionally exclude educational contributions, in whole or in part, from the application of this law. In the case of the definitive subjection of educational contributions to this law, the Executive Council may exempt them from § 5 para. 3.