836.21
FAMZVOAFAMOAFAMI
CH
CH
Art. 16 Ordinance of 31 October 2007 on Family Allowances (FAO) - Persons without Gainful Employment
OAFam
Art. 16 OAFam · Persons without Gainful Employment
The following are not considered as persons without gainful employment under the LAFam: a. persons who have reached the standard retirement age and receive an old-age pension from the AHV; b. non-separated persons whose spouse receives an old-age pension from the AHV; c. persons whose contributions to the AHV are deemed to be paid in accordance with Art. 3, Para. 3, of the AHVG; d. asylum seekers, persons provisionally admitted, persons in need of protection who do not hold a residence permit, and persons subject to a removal order who, under Art. 82 of the Asylum Act of 26 June 1998, are entitled to emergency assistance as long as their contributions have not been fixed in accordance with Art. 14, Para. 2 bis of the AHVG.
Court Decisions Applying This Provision (6)
39.2012.7 · ti (Art. 16 OAFami)
Entitlement to Non-Gainfully Employed Person Family Allowances Upon Mid-Year Employment Cessation
This Ordinance article listing exceptions to the definition of persons without gainful employment was cited in the reasoning.
39.2010.20 · ti (art. 16 OAFami)
Spouse's Income Disqualifies Family Allowance Claim
Cited regarding the criteria used to determine that the insured was not considered a person without gainful activity after marriage.
39.2010.20 · ti (art. 16 dell'Ordinanza sugli assegni familiari (OAFami))
Spouse's Income Disqualifies Family Allowance Claim
Cited in reasoning regarding the definition of persons not considered to be without gainful activity.
39.2010.20 · ti (art. 16 lett. b OAFami)
Spouse's Income Disqualifies Family Allowance Claim
Cited in conjunction with AVS rules leading to the conclusion that the insured was not considered a person without gainful activity for the entire year 2009.
FZG.2009.1 · sg (Art. 16 lit. c FamZV)
Separated Spouse's Eligibility for Family Allowances Based on AHV Registration Status
The appeal was dismissed based on the provision defining persons who are excluded from being considered non-employed persons for family allowances.
FZG.2009.1 · sg (Art. 16 lit. c FamZV)
Spousal Self-Employment and Family Allowance Entitlement
Basis for rejecting the appeal as this provision excludes non-gainfully employed status when AHV contributions are deemed paid under Art. 3 Abs. 3 AHVG.