Legislator Case Law & Legislation
837.21 ÜLVOPTDOPtra CH

Art. 22 Ordinance of June 11, 2021, on Transitional Benefits for Older Unemployed Persons (TBO) - Asset Evaluation

OPtra; Chapitre 2 Montant des prestations transitoires
Open official source Full Act (114 Articles) Machine-readable Markdown (.md)

Art. 22 OPtra · Asset Evaluation

The assets to be considered must be evaluated according to the rules of the legislation on the direct cantonal tax of the canton of residence.

When real estate does not serve as a residence for the recipient of transitional benefits or a person included in the calculation of these benefits, they will be considered at the market value.

In cantons where, according to Art. 17a, para. 6, of the Ordinance of January 15, 1971, on Supplementary Benefits to Old Age, Survivors, and Disability Insurance, the application of distribution value is provided for evaluating assets, this value also applies to the calculation of transitional benefits.

← Art. 21 OPtra Ordinance of 11 June 2021 on Transitional Benefits for Older Unemployed Persons (OPtra) - Examination of the Right to Supplementary Benefits at the Reference Age Art. 22 OPtra →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (2)

33.2022.24 · ti (Art. 22 cpv. 2 OPTD)
Unemployed Applicant's Appeal for Transitional Benefits Denied Due to Foreign Property Valuation
Cited as the basis for valuing the real estate abroad at its market value (valore venale) because it did not serve as the applicant's primary residence.
33.2022.24 · ti (Art. 22 cpv. 2 OPTD)
Cantonal Insurance Court Confirms Refusal of Transitional Benefits Based on Net Assets Threshold for Foreign National Classified as Single Person
This article was used to justify valuing the property abroad at its market value because it did not serve as the primary residence of the beneficiary.