Ordinance on the Harmonization and Coordination of Means-Tested Social Benefits (SoHaV) - Established De Facto Cohabitation (SoHaV)

1. The existence of a well-established de facto cohabitation is presumed alternatively under this regulation

a) if the parties have a joint child or children and live in a shared household;

b) if the parties have lived in a shared household for at least 5 years;

c) in the presence of other circumstances that suggest a well-established de facto cohabitation.

2. If the presumption pursuant to Section 1 leads to an unreasonable outcome in an individual case, the competent implementing authority may develop a solution tailored to the individual case with regard to benefits and/or reductions pursuant to § 1 Section 1 letters a-f SoHaG.

1. The term "children" within the context of this regulation encompasses both one and multiple children, and unless otherwise specified, includes both minor children and adult children who are in initial education and under 25 years of age.

1. As adult children in initial training under 25 years of age within the meaning of this regulation, persons who cumulatively meet the following criteria are considered

a) Completion of the eighteenth but not yet the twenty-fifth year of age;

b) Pursuing initial training according to paragraph 2;

c) Are neither married, separated (privately agreed or legally established), divorced, or widowed, nor living in a registered partnership or a stable factual cohabitation;

d) Have no children.

2. Initial training within the meaning of this regulation exists and lasts at most until the

a) Acquisition of a certificate of competence recognized by the Confederation or the canton, or a professional certificate recognized by the Confederation or the canton,

b) Acquisition of a diploma from a higher technical school recognized by the Confederation or the canton,

c) Completion of a university degree (Bachelor's or Master's degree),

1. For parents who are separated (either by private agreement or court decision) or divorced without joint parental authority (Art. 297 para. 2 or Art. 133 para. 1 Swiss Civil Code), their children, regardless of whether they reside in the same household, are allocated to the household unit of the parent who has or had parental authority.

2. For parents who are separated (either by private agreement or court decision) or divorced with joint parental authority (Art. 297 para. 1 or Art. 133 para. 3 Swiss Civil Code), their children are allocated to the household unit of the parent with whom they predominantly reside.

a) There is a presumption that the children predominantly reside with the parent with whom they are registered. If this presumption leads to an unsatisfactory outcome in a particular case, the competent implementing body of benefits and discounts according to § 1 para. 1 lit. a-f SoHaG may deviate from this presumption and develop a solution suitable for the individual case.

b) If the children are not registered with either parent, they are allocated to the household unit of the parent who, according to private agreement or court decision, is primarily responsible for the financial support of the children.

c) If neither parent is primarily responsible for the financial support of the children, it is

ca) the joint responsibility of the parents, in the case of minor children, to inform the competent implementing body of benefits and discounts according to § 1 para. 1 lit. a-f SoHaG to which household unit an allocation should be made;

cb) the responsibility of adult children in initial education and under 25 years, to inform the competent implementing body of benefits and discounts according to § 1 para. 1 lit. a-f SoHaG to which household unit an allocation should be made.

d) If the parents or the adult children in initial education and under 25 years do not fulfill the obligation according to para. 2 lit. c within an appropriate period, the competent implementing body makes the corresponding allocation decision.

1. If parents have separated (either by private agreement or by court order) or divorced after their children have reached the age of majority and the children are at the time of receiving benefits and/or subsidies according to § 1 Para. 1 lit. a-f SoHaG in initial education and under 25 years old, they shall be attributed to the household unit of the parent with whom they predominantly reside.

2. It is presumed that the children predominantly reside with the parent with whom they are registered. If this presumption leads to an unreasonable result in a specific case, the competent implementing agency for benefits and subsidies according to § 1 Para. 1 lit. a-f SoHaG can deviate from this presumption and develop a suitable solution for the individual case.

3. If the children are not registered with either parent, they shall be attributed to the household unit of the parent who predominantly provides for them financially.

4. If neither parent predominantly provides financially for the children's upkeep, it is incumbent upon the children to inform the competent implementing agency for benefits and subsidies according to § 1 Para. 1 lit. a-f SoHaG to which household unit the attribution should be made. If they do not fulfill this obligation within an appropriate timeframe, the competent implementing agency will decide on the appropriate attribution.

1. Minor children of married parents who are not living separately and are being cared for outside the family in homes or foster families are counted as part of the parents' household unit.

2. If the parents of minor children being cared for outside the family in homes or foster families are living separately (either privately agreed or judicially determined) or are divorced, the following applies

a) In the case of sole parental custody (Art. 297 para. 2 or Art. 133 para. 1 of the Swiss Civil Code), the children are counted as part of the household unit of the parent who has custody.

b) In the case of joint parental custody (Art. 297 para. 1 or Art. 133 para. 3 of the Swiss Civil Code), the children are counted as part of the household unit of the parent with whom they predominantly stay on weekends, holidays, and/or during vacations. There is a presumption that the children predominantly stay with the parent they are registered with during weekends, holidays, and/or vacations. If this presumption leads to an unfair result in an individual case or if there is no corresponding registration, the competent implementing authority for benefits and/or reductions under § 1 para. 1 lit. a-f SoHaG can deviate from this presumption and work out a solution appropriate for the individual case.

1. If partners of a stable de facto relationship according to § 1 of this regulation live separately, the following applies concerning the attribution of their joint children to the household unit

- In the event of separation before the children reach the age of majority, § 4 of this regulation is applied analogously;

- In the event of separation after the children have reached the age of majority, § 5 of this regulation is applied analogously;

- In the event of separation before the age of majority of children cared for in homes or foster families outside the family, § 6 of this regulation is applied analogously.

1. Incarcerated individuals or those in custody for the purpose of measures are attributed to the household unit in accordance with § 5 of the SoHaG.

1. If partners living separately from a marital union, a registered partnership, or a stable de facto domestic partnership pursuant to § 1 of this regulation (whether privately agreed or judicially determined) can demonstrably prove that they no longer reside in a shared household, they shall not be accounted as part of the same household unit according to § 5 of the Social Household Act (SoHaG).

2. The provision of proof of separate households as mentioned in paragraph 1 is the responsibility of the affected couple.

1. Persons residing abroad are not counted as part of the household unit according to § 5 SoHaG, unless the specific circumstances of the individual case necessitate it.

1. The government council determines the respective performance limits as well as the amount of individual benefits according to § 1 para. 1 lit. a-e of the Social Welfare Act (SoHaG).

2. The performance limits depend on the number of persons in the household unit according to § 5 SoHaG. In their calculation, a distinction is made between single and multi-person households. The calculation basis is the single-person or two-person household, whereby the performance limit of a two-person household is 160 percent of a single-person household. For a possible third person, it is increased by CHF 10,000, for a possible fourth person by CHF 8,000, for a possible fifth person by CHF 6,000, and for each additional person by CHF 4,000.

3. The calculation method mentioned in para. 2 does not apply to the following benefits according to § 1 para. 1 lit. e SoHaG: The hardship calculation of day care, the accommodation of children and adolescents in homes and foster families.

1. Individuals who are considered self-employed under the terms of this regulation are those who are registered as such with the competent compensation office.

1. The basis for calculating the attributable income pursuant to § 7 SoHaG is generally the most recently available tax assessment notice.

2. If a tax assessment notice is missing (e.g., for newly relocated individuals) or if it is not current, the current income and asset conditions of the household unit pursuant to § 5 SoHaG are decisive for the calculation of the attributable income as per § 7 SoHaG, extrapolated to a year (manual calculation).

1. Ongoing claims for benefits pursuant to § 1 para. 1 lit. a-e of the Social Assistance Act (SoHaG) are generally reviewed based on the new tax assessment at least every 18 months and recalculated in the event of changes.

2. If there is no new tax assessment after 18 months and it cannot be expected that such an assessment will be available in the foreseeable future, the current income and financial circumstances of the household unit according to § 5 SoHaG, projected over one year, shall be decisive for the calculation of ongoing claims for benefits pursuant to § 1 para. 1 lit. a-e SoHaG.

**1. Within the 18 months specified in § 14 para. 1 of this regulation, a recalculation of the entitlement to benefits according to § 1 para. 1 lit. a-e SoHaG takes place in the following alternative cases:**

a) Upon the issuance of a new tax assessment, unless there is a current manual calculation of the deductible income that deviates by at least 20 percent from the deductible income calculated based on the new tax assessment. In cases of hardship, a recalculation based on the new tax assessment may be waived even if the deviation is less than 20 percent;

b) Upon changes in the composition of the household unit according to § 5 SoHaG;

c) If the deductible income according to § 7 SoHaG changes by more than 20 percent and this change persists for at least three months;

d) If the relevant income according to § 6 SoHaG changes by more than 20 percent.

**2. In the cases mentioned in para. 1, a recalculation of the entitlement to benefits according to § 1 para. 1 lit. a-e SoHaG occurs at the following times and for the following periods:**

a) If a new tax assessment according to para. 1 lit. a leads to an increase in entitlement (or remains unchanged), a recalculation for the future occurs from the first day of the second month following the date of the tax assessment. If a new tax assessment results in a reduction of entitlement, a recalculation for the future takes place from the date of the respective benefit order.

b) If a change in the composition of the household unit according to para. 1 lit. b results in an increased entitlement, a recalculation for the future takes place from the first day after the change in the composition of the household unit occurs. If the change in the composition of the household unit leads to a reduced entitlement, a recalculation for the future occurs from the date of the respective benefit order.

c) If a change in the deductible income according to para. 1 lit. c leads to an increased entitlement, a recalculation for the future occurs from the first day of the fourth month following the change. In cases of hardship, a recalculation may already be carried out from the first day of the following month after the change. If a change in the deductible income results in a reduction of entitlement, a recalculation for the future occurs from the date of the respective benefit order, but no sooner than the first day of the fourth month following the change.

d) If a change in the relevant income according to para. 1 lit. d results in an increased entitlement, a recalculation for the future occurs from the first day of the second month following the change. If a change in the relevant income results in a reduction of entitlement, a recalculation for the future occurs from the date of the respective benefit order.

1. The revenue of the household unit according to § 5 SoHaG is totaled and particularly includes

a) in the case of dependent employment, the earned income in cash and in kind, including compensation benefits for unemployment, military service, and maternity, as well as daily allowances for illness, accident, and disability;

b) in the case of self-employment, the profit according to the tax assessment. If a tax record of profit is missing at the time of applying for benefits and/or reductions according to § 1 Para. 1 lit. a-f SoHaG due to a recent registration as a self-employed individual, the estimated profit for the first business year reported to the compensation office is used as a basis. Losses from self-employment cannot be offset against earned income from dependent employment or other types of income. Losses from previous years cannot be deducted from the profit.

c) in other respects

(1) the sum of all capital income from movable and immovable private assets; for properties, the imputed rental value (self-occupied) or rental income (rented out);

(2) annuities, pensions, and other recurring benefits, including pensions from AHV/IV/UV;

(3) family allowances (such as child, education, and maintenance allowances, etc.);

(4) attendance fees, board member fees, and comparable income;

(5) in the case of partial or total waiver of earned income, a hypothetical earned income according to §§ 19-27 of this regulation;

(6) family law maintenance contributions (judicially established or privately agreed) unless the entitled person can prove that the collection of legal family maintenance contributions has remained unsuccessful despite significant collection efforts and no entitlement to advance alimony payments exists;

(7) income from contracts of annuity;

(8) asset share according to § 28 of this regulation;

(9) income from voluntarily provided private resources (e.g., educational contributions from private foundations);

(10) peculium.

2. Not counted are

a) helplessness allowances from social insurances;

b) bridging benefits according to the Federal Act on Bridging Benefits for Older Unemployed Persons (ÜLG) dated 19 June 2020.

1. The following deductions can be made from the assessable income

a) For employees, contributions to federal social insurances and to occupational benefits of the second pillar are deductible, but voluntarily paid purchase contributions to the pension fund are not. Contributions to the third pillar (tied private pension provision) can be deducted by individuals not affiliated with a second pillar scheme.

b) For self-employed individuals, contributions to federal social insurances and to the third pillar are deductible, provided there is no mandatory or voluntary second pillar in place.

c) Furthermore

ca) Family law maintenance contributions (as determined by court or privately agreed upon);

cb) Interest on private debts, but only up to the amount of the total income from assets according to § 16 lit. c para. (1) of this regulation. Maintenance costs for properties cannot be deducted.

2. In the scope of the benefits according to § 1 para. 1 lit. e SoHaG, the competent department may provide for additional deductions for the calculation of hardship with respect to day care, and the placement of children and adolescents in homes and foster families.

1. On earned income pursuant to § 16 lit. a of this Regulation (excluding compensation for loss of earnings) and/or profit from self-employment pursuant to § 16 lit. b of this Regulation from children, an allowance of CHF 12,000 is granted per child earning such income or profit.

2. On the sum of all income from movable and immovable private assets pursuant to § 16 lit. c No. 1 of this Regulation for the household unit pursuant to § 5 SoHaG, an allowance of CHF 500 is granted.

3. On income from voluntarily provided private funds pursuant to § 16 lit. c No. 9 of this Regulation, an allowance of CHF 6,000 is granted per income source and household unit, with a maximum of CHF 15,000 per household unit per year.

1. The implementing bodies responsible for benefits and subsidies pursuant to § 1 para. 1 lit. a-f SoHaG shall account for an imputed earned income in cases of voluntary renunciation of earned income in accordance with the provisions of this ordinance.

2. If an implementing body of benefits or subsidies pursuant to § 1 para. 1 lit. a-f SoHaG has accounted for an imputed earned income, this is to be adopted by the implementing bodies of the other benefits and subsidies.

1. A waiver of earned income is to be assumed, in particular, if no substitute for employment activity according to § 22 and/or no justification according to § 23 of this regulation is present, and if, for employees, the degree of employment activity according to § 24 para. 1 lit. a and b, or, for self-employed individuals, the annual minimum earned income according to § 25 of this regulation is not achieved.

1. Employment Substitutes Pursuant to § 22 and/or Justifications According to § 23 of This Regulation Cannot be Claimed by the Household Unit Pursuant to § 5 SoHaG as Such, but Only by Its Individual Members.

1. Equivalents to Gainful Employment (whether employed or self-employed) include

a) the predominant care of one's own children or grandchildren, stepchildren, adopted children, or the children of a partner in a stable de facto partnership until the completion of the 16th year of age (in the case of multiple children, until the completion of the 16th year of age of the youngest child);

b) the predominant care of a dependent person in need of care who receives a medium or severe helplessness allowance according to the Federal Act on Old Age and Survivors' Insurance (AHVG) of December 20, 1946;

c) the completion of an initial education as defined in § 3 para. 2 of this ordinance or a full-time further education;

d) the medical certification of illness and/or accident (to the extent of the certification);

e) the receipt of daily sickness and/or accident benefits according to the Federal Act on Health Insurance (KVG) of March 18, 1994, the Federal Act on the Insurance Contract (VVG) of April 2, 1908, and/or the Federal Act on Accident Insurance (UVG) of March 20, 1981;

f) the receipt of unemployment benefits according to the Federal Act on Compulsory Unemployment Insurance and Insolvency Compensation (AVIG) of June 25, 1982;

g) the receipt of an invalidity or accident pension according to the Federal Act on Disability Insurance (IVG) of June 19, 1959, the Federal Act on Accident Insurance (UVG) of March 20, 1981, and/or the Federal Act on Occupational Old Age, Survivors' and Disability Insurance (BVG) of June 25, 1982 (to the extent of the received invalidity or accident pension).

2. Couples (married, registered partnerships or stable de facto partnerships) can claim the employment surrogates mentioned in para. 1 lit. a and b either jointly or individually, but overall at most to the extent of 80 percent.

1. In the presence of the following justifications, the imputation of hypothetical earned income is waived

a) A person has exceeded the age of 60.

b) A single parent or a partner in a marital community, a registered partnership, or a stable de facto life partnership has exceeded the age of 50 at the time the children reach the age of 16 (in the case of multiple children, upon the youngest child reaching the age of 16) and has predominantly dedicated themselves to childcare for at least the last 10 years before the children reach the age of 16 (in the case of multiple children, upon the youngest child reaching the age of 16).

c) An unemployed person no longer receives unemployment benefits due to reaching the maximum number of daily allowances as stipulated by the Federal Law on Compulsory Unemployment Insurance and Insolvency Compensation (AVIG) of 25 June 1982 (is disenfranchised).

d) Upon commencing a self-employed activity during the first three years (the date of registration with the competent compensation office is decisive for the commencement of self-employment).

e) Upon ceasing a self-employed activity, if the former self-employed person has unsuccessfully sought dependent employment for two years following the termination of the business (the date of deregistration with the competent compensation office is decisive for the termination of self-employment).

1. In the absence of a work substitute according to § 22 and/or a justification ground according to § 23 of this regulation, a hypothetical work income is attributed to a person engaged in dependent employment,

a) if a single or single-parent individual does not engage in employment of at least 80 percent;

b) if partners in a marital community, a registered partnership, or a stable de facto union do not together engage in employment of at least 160 percent. The distribution of employment is at the discretion of the couple, provided that neither person is employed more than 100 percent.

2. The hypothetical work income is calculated as the difference (in percent) between the actual employment and the minimum employment level mentioned in paragraph 1 (80 or 160 percent). Here, 100 percent corresponds to an annual minimum income of CHF 36,000 (net).

1. In the absence of an employment surrogate pursuant to § 22 and/or an exonerating reason pursuant to § 23 of these regulations, the following shall apply

a) A self-employed individual who is single or a single parent will be attributed a minimum hypothetical earned income of CHF 28,800 (net) annually (80 percent of CHF 36,000);

b) Self-employed partners in a marital community, a registered partnership, or a stable de facto partnership will be jointly attributed an annual earned income of CHF 57,600 (net) (2 × CHF 28,800). The distribution of employment responsibilities is at the discretion of the couple, with each individual required to contribute at least CHF 21,600 (net).

1. In cases of marital unions, registered partnerships, or established de facto cohabitations, where one person is self-employed and the other is employed, an annual income of CHF 28,800 (net) from self-employment is equivalent to an eighty percent employment rate. The couple must, akin to the regulation for employed persons (§ 24 para. 1 lit. b), jointly engage in at least 160 percent employment. The allocation of employment activities is the responsibility of the couple, with neither person being able to be employed more than 100 percent.

1. Particularly in the following individual cases, the implementing bodies may appropriately increase the annual minimum income thresholds stipulated by §§ 24 para. 2 and 25 of this regulation for benefits and reductions according to § 1 para. 1 lit. a-f of the SoHaG

a) An employed individual could achieve a significantly higher income by changing employers, due to their qualifications and the current labor market situation, while maintaining the same level of employment;

b) A self-employed individual generates no or inadequate income from their business activities (primary or secondary occupation) despite several years of self-employment (at least 6 years).

1. To the attributable income (§ 7 SoHaG) of the household unit pursuant to § 5 SoHaG, a portion of wealth, determined from the relevant assets of the household unit pursuant to § 29 of this regulation, is added, provided that the allowable exemptions on the assets are exceeded.

2. As exemptions within the meaning of para. 1, CHF 37,500 for individuals, CHF 60,000 for couples, and CHF 15,000 per child can be deducted from the relevant assets of the household unit. If the household unit consists of multiple persons, the exemptions for each individual are added together and deducted from the relevant assets of the household unit pursuant to § 5 SoHaG.

3. If the relevant assets of the household unit pursuant to § 29 of this regulation exceed the exemptions set out in para. 2, the attributable income pursuant to § 7 SoHaG increases by one-tenth of the exceeding portion (attributable wealth portion pursuant to para. 1).

1. The Relevant Assets of the Household Unit Pursuant to § 5 SoHaG

The relevant assets of the household unit according to § 5 SoHaG include the movable and immovable private assets of the individuals belonging to it.

2. Movable Private Assets

Movable private assets particularly include accounts and securities, non-interest-bearing claims, taxable life insurance policies, cash, precious metals, shares in undivided inheritances, capital benefits (compensation/payments for damages, lottery winnings, surrender values of insurance benefits, etc.), as well as other assets.

3. Immovable Private Assets

Immovable private assets particularly include real estate properties. These are attributed to private assets at 25 percent of their tax value.

1. Assets Relevantly Waived Without Compensation Are Considered Existing. The Valuation Reduces Annually from the Date of Waiver by CHF 10,000.

1. Usufruct Property is Attributed to the Usufructuary.

1. The implementation bodies for benefits pursuant to § 1 para. 1 lit. a-e of the SoHaG are obligated to regularly forward the data necessary for the fulfillment of the tasks provided for by the SoHaG to the database pursuant to § 9 SoHaG. The same obligation applies to the following additional cantonal and municipal authorities, bodies, and departments of the Canton of Basel-Stadt

a) the implementing body for rent subsidies pursuant to the Housing and Home Ownership Promotion Act (WEG) of October 4, 1974, and the Federal Act on the Promotion of Affordable Housing (WFG) of March 21, 2003;

b) the implementing bodies for supplementary benefits and allowances pursuant to the Federal Act on Supplementary Benefits to the Old-Age, Survivors', and Disability Insurance (ELG) of October 6, 2006, as well as the Act on the Introduction of the Federal Act on Supplementary Benefits to the Old-Age, Survivors', and Disability Insurance and the Granting of Cantonal Allowances (EG/ELG) of November 11, 1987;

c) the social assistance authorities pursuant to the Social Assistance Act of June 29, 2000;

d) the tax authorities pursuant to the Act on Direct Taxes (Tax Act) of April 12, 2000;

e) the implementing body for unemployment assistance pursuant to the Act Concerning Cantonal Unemployment Assistance (ALHG) of June 24, 2004;

ebis) * The implementing body for education subsidies pursuant to the Act Concerning Education Subsidies of October 12, 1967;

f) the resident services or resident registries pursuant to the Act on Residency (Residency Act) of September 16, 1998.

1. Regarding information security, the Regulation on Information Security (ISV) of December 13, 2016, applies.

1. Data from the central database pursuant to § 9 of the SoHaG, which are no longer required for the fulfillment of tasks, must be either anonymized or destroyed.

1. Competent Authority for the Management of the Database and Compliance with Data Protection according to § 13 SoHaG is the Office for Social Contributions (OSC). Its tasks include, in particular

a) Management of the database according to § 9 SoHaG;

b) Ensuring compliance with data protection regulations;

c) Monitoring of data delivery obligations according to § 32 of this Regulation;

d) Monitoring access rights according to §§ 36 and 37 in conjunction with Annex I of this Regulation;

e) Monitoring data retention and destruction according to § 34 of this Regulation;

f) Data security according to § 33 of this Regulation;

g) Enforcement and monitoring of data disclosure according to § 25 SoHaG;

h) Arbitration body in disputes between implementing agencies of benefits according to § 1 para. 1 lit. a-e SoHaG concerning data of the central database according to § 9 SoHaG.

1. Access authorization to data from the central database pursuant to § 9 of the SoHaG is granted not only to the implementing bodies for benefits and reductions according to § 1(1)(a) to (f) of the SoHaG, but also to other authorities, bodies, and offices according to § 32(a) to (ebis) of this ordinance, as well as the Family Compensation Fund of Basel-Stadt pursuant to the Introduction Act to the Federal Act on Family Allowances (Family Allowances Act; EG FamZG) dated June 4, 2008.

2. The access authorization is to be granted personally to those employees of the implementing bodies, other authorities, bodies, and offices mentioned in paragraph 1 who require it to fulfill their duties.

1. Access rights are divided into query rights and editing rights. The editing rights include entry, modification, and deletion rights.

2. The extent of the access rights (query and/or edit) is determined by Appendix I of this regulation.

**1. Obligation to Report Due to Significant Changes in the Conditions Relevant for the Claim to Benefits According to § 1 para. 1 subpara. a-e SoHaG Exists Particularly in the Following Cases:**

a) When there is a change in the composition of the household unit according to § 5 SoHaG;

b) If the amount of the assessable income of the household unit according to § 7 SoHaG changes by at least 20 percent and this change persists for at least three months.

**2. The Notification Must Be Made Without Delay, But No Later Than Within One Month from Becoming Aware of the Change, to One of the Competent Implementing Authorities for Benefits in Accordance with § 1 para. 1 subpara. a-e SoHaG.**

**3. In Cases of Late or Non-Notification, a Recalculation of the Claim to Benefits in Accordance with § 1 para. 1 subpara. a-e SoHaG Will Be Conducted at the Following Times and for the Following Periods:**

a) If a change in the composition of the household unit according to para. 1 subpara. a leads to an increase in the claim, a recalculation will take place from the first day of the following month of notification or from the first day of the following month after the implementing authority becomes aware of the change for the future. If a change in the household unit results in a reduction of the claim, a recalculation will occur from the first day of the month following the occurrence of the change in the household unit for the future.

b) If a change in the assessable income according to para. 1 subpara. b leads to an increase in the claim, a recalculation will take place from the first day of the following month of notification or from the first day of the following month after the implementing authority becomes aware of the change for the future; however, no earlier than from the first day of the fourth month after the occurrence of the change for the future. If a change in the assessable income results in a reduction of the claim, a recalculation will be made from the first day of the fourth month after the occurrence of the change for the future.

1. If an entitled person or their representative does not promptly fulfill their notification obligation in accordance with § 16 paragraph 1 of the SoHaG, the competent implementing body for benefits pursuant to § 1 paragraph 1 letters a-e of the SoHaG shall impose a fee, provided that the changed circumstances lead to a reduction in the entitlement to benefits pursuant to § 1 paragraph 1 letters a-e of the SoHaG.

2. If multiple implementing bodies for benefits pursuant to § 1 paragraph 1 letters a-e of the SoHaG are affected by a violation of the notification obligation, only one of the affected implementing bodies shall impose a fee as per paragraph 1. The relevant coordination is the responsibility of the affected implementing bodies.

3. The fee amounts to between CHF 50 and CHF 150, depending on the administrative expenditure. The implementing bodies for benefits pursuant to § 1 paragraph 1 letters a-e of the SoHaG shall ensure a uniform application practice.

1. Obligations to Refund

a) Persons who were unlawfully granted benefits according to § 1 para. 1 lit. a-e SoHaG, as well as their heirs;

b) Third parties or authorities to whom the unlawfully received benefits according to § 1 para. 1 lit. a-e SoHaG were paid. Exempt from the obligation to refund are the guardian or custodian, or in the case of minor children, the legal guardian.

1. Concerning the Scope of Reclamation, a Decision shall be Issued by the Competent Implementing Body in Accordance with § 1 para. 1 lit. a-e of the Social Welfare Act (SoHaG).

2. The Implementing Body for Benefits in Accordance with § 1 para. 1 lit. a-e of the Social Welfare Act (SoHaG) shall refer to the possibility of a waiver in the decision mentioned in para. 1.

3. It shall decree the waiver of reclamation if it is evident that the conditions for the waiver are met.

1. The Refund of Unjustly Received Benefits pursuant to § 1 Paragraph 1 lit. a-e SoHaG, which were received in good faith, can be waived in whole or in part if a severe hardship is present.

2. Good faith is presumed if the recipient has not been guilty of gross negligence.

3. The presence of severe hardship is to be regulated by the implementing agencies of benefits pursuant to § 1 Paragraph 1 lit. a-e SoHaG based on the specifics of their benefit area.

4. The determining factor for assessing whether a severe hardship is present is the time when the decision on the recovery becomes legally binding.

5. The waiver shall be granted upon a written application. The application must be justified, accompanied by necessary documentation, and submitted to the competent implementing agency for benefits pursuant to § 1 Paragraph 1 lit. a-e SoHaG.

6. If a waiver application is submitted concerning multiple overpaid benefits pursuant to § 1 Paragraph 1 lit. a-e SoHaG, the competent implementing agencies shall coordinate their approach with each other.

7. A decree is issued regarding the waiver.

1. The request for access to files shall be addressed to the competent executing authority responsible for the procedure pursuant to § 1 para. 1 lit. a-e SoHaG. This authority may require a written request as a condition for access to the files.

2. Access to the files is granted at the seat of the competent executing authority. Upon request of the applicant, copies of the files may be made and sent to them.

3. ...

1. Access to files is generally free of charge.

2. If granting access to files involves an exceptionally large amount of work for the competent enforcement body concerning services according to § 1 para. 1 lit. a-e of the Social Assistance Act (SoHaG), it may impose a fee in accordance with the Administrative Fees Act of March 9, 1972.

1. Documents in the records of the implementing bodies for benefits pursuant to § 1 para. 1 lit. a-e SoHaG must be retained by these bodies at least until the expiration of the deadlines specified in Appendix II of this Ordinance. The procedure after the expiration of these deadlines is governed by the Law on Archiving (Archiving Law) of September 11, 1996, or, where applicable, by individual agreements with the State Archives.

1. The statistical office of the Canton of Basel-Stadt is tasked with regularly analyzing the data from the database pursuant to § 9 SoHaG. In doing so, it consults with the authority responsible for the database in accordance with § 35 of this regulation.

2. The decision regarding any potential disclosure of data from the central database for statistical and other non-personal purposes pursuant to § 25 SoHaG lies solely within the competence of the authority responsible for the database.

1. The implementing bodies for benefits and subsidies pursuant to § 1 para. 1 lit. a-f of the Act are entrusted with the execution.

1. Educational contributions according to § 1 para. 1 lit. b SoHaG are provisionally excluded from SoHaG with the exception of the following sections: § 5 para. 1, 2, and 4; § 10 para. 4; §§ 11, 12, 20, 21.

2. The Government Council reviews the situation annually and initiates the complete inclusion of the educational contributions according to § 1 para. 1 lit. b SoHaG under the SoHaG, as soon as the implementation of the harmonization of educational contributions at the federal level permits it.

1. The executing bodies of benefits and reductions according to § 1 para. 1 lit. a-f of the SoHaG ensure, within the period specified in § 28 para. 2 of the SoHaG, an appropriate and systematic adjustment of the claims to benefits and/or reductions according to § 1 para. 1 lit. a-f of the SoHaG that are ongoing at the time the SoHaG becomes effective, in accordance with the regulations of the SoHaG and the present ordinance.

1. This regulation is to be published. It becomes effective on January 1, 2009.