836.21
FAMZVOAFAMOAFAMI
CH
CH
Art. 4 Ordinance of October 31, 2007 on Family Allowances (OAFam) - Children of the Entitled Person's Spouse
OAFam
Art. 4 OAFam · Children of the Entitled Person's Spouse
The children of the entitled person's spouse are eligible for family allowances if they reside most of the time in the household of the entitled person or have lived there until reaching the age of majority.
Children of the partner, within the meaning of the June 18, 2004 Partnership Act, are also considered as the spouse's children.
Court Decisions Applying This Provision (9)
200 2020 326 · be (Art. 4 Abs. 1 lit. b FamZG i.V.m. Art. 4 Abs. 1 FamZV)
Recipient vs. Compensation Fund: Recalculation of Supplemental Benefits Based on Imputed Income and Child Allowances
Cited in section 3.3 to confirm the correct application of family allowances for the sons/stepchildren.
39.2016.18 · ti (Art. 4 cpv. 1 OAFami)
Step-Parent Family Allowances Upon Death of Natural Parent
Used to determine the conditions under which a stepparent has the right to claim family allowances for a stepchild.
KA.2013.00004 · zh (Art. 4 FamZV)
Appeal Regarding Retroactive Denial and Reclaim of Family Allowances Due to Change in Employment Status and Residence
Cited in the reasoning regarding the conditions for family allowances for children residing abroad, which is relevant to the limited scope of the appeal (non-admissibility).
A/3719/2010 · ge (art. 4 al. 1 OAFam)
Insured Person v. Decision Denying Family Allowances for Non-Resident Stepchildren
Cited in the reasoning section to define entitlement for spouse's children domestically, but not explicitly in the dispositive orders 1-5.
39.2010.20 · ti (art. 4 OAFami)
Spouse's Income Disqualifies Family Allowance Claim
Cited in the concluding remarks regarding why the appeal could not be granted for RI 1 during the first four months.
AF.1.10.1.2011 · vd (Art. 4 al. 1 OAFam)
Appellant v. Minister of Employment and Immigration (Family Allowances for Separated Spouse's Child)
This provision, specifying the conditions for entitlement to family allowances for the spouse's children (living in the household), was used to confirm the rejection of the appeal.
40.2002.1 · ti (Art. 4 OAFam)
Spousal Income Inclusion in Family Allowance Eligibility
Cited as the provision making federal direct tax laws applicable for calculating the decisive income.
39.2016.18 · ti (Art. 4 cpv. 1 OAFami)
Insured Person v. Insurance Fund: Family Benefits for Stepchild After Death of Spouse
Cited in the reasoning ('consid.') regarding the condition that the stepchild must live predominantly in the stepparent's household.
39.2016.18 · ti (Art. 4 cpv. 1 OAFami)
Insured Person v. Insurance Fund: Family Benefits for Stepchild After Death of Spouse
The Tribunal found that the condition set out in this article (living predominantly in the stepparent's household) was met in the concrete case, justifying the recognition of family allowances.