Legislator Case Law & Legislation
836.1 EFLZGLILAFAM CH-JU

Art. 4 Act Introducing the Federal Law on Family Allowances (LiLAFam)

8. Santé, travail, Social Security » 83. Social Insurances » 836. Family Allowances
Open official source Full Act (29 Articles) Machine-readable Markdown (.md)

Art. 4 Act Introducing the Federal Law on Family Allowances (LiLAFam)

1 In derogation of Article 19, paragraph 2, of the Family Allowances Act (LAFam), all individuals who are compulsorily insured under the old-age and survivors' insurance (OASI) as persons without gainful employment are considered as not engaged in gainful employment and are entitled to family allowances irrespective of their taxable income. The right to family allowances is granted to them only if no supplementary benefits to the OASI/DI are received.

2 The following are also considered as persons without gainful employment within the meaning of the Federal Act on Old-Age and Survivors' Insurance (OASI)

a) ...;

b) persons not engaged in gainful employment who receive an old-age pension from the OASI;

c) persons receiving daily allowances from the disability insurance;

d) young individuals not engaged in gainful employment who are not yet subject to the obligation to contribute to the OASI;

e) unemployed persons, concerning the right to a birth allowance or an adoption allowance, when these cannot be granted under another legal basis.

← Art. 3 Act Introducing the Federal Law on Family Allowances (LiLAFam) 8. Santé, travail, Social Security » 83. Social Insurance » 836. Family Allowances Art. 5 Law on the Introduction to the Federal Law on Family Allowances (LiLAFam) →

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 (20)

A/1140/2021 · ge (art. 4 al. 1 LAF)
Claimant v. Compensation Fund (Family Allowances Abroad)
Cited in the reasoning to define family allowances.
A/1140/2021 · ge (art. 4 al. 2 LAF)
Claimant v. Compensation Fund (Family Allowances Abroad)
Cited in the reasoning regarding the exclusive destination of family allowances.
A/2320/2019 · ge (Art. 4 al. 1 LAF)
Claim for Retroactive Family Allowance Payment Against Compensation Fund
Cited in the reasoning to define family allowances, but not in the dispositive.
A/4025/2018 · ge (art. 4 al. 4 let a LAF)
Appeal Regarding Birth Allowance Eligibility Based on Residency Period
Cited in the reasoning section (para 3b) to specify that family allowances include the birth allowance.
A/4515/2016 · ge (Art. 4 al. 1 LAF)
Father's Appeal Regarding Daughter's Professional Training Allowances During Aptitude Test Preparation
Cited in the reasoning (not the dispositive) regarding the definition and purpose of family allowances.
A/4515/2016 · ge (Art. 4 al. 4 let. d LAF)
Father's Appeal Regarding Daughter's Professional Training Allowances During Aptitude Test Preparation
Cited in the reasoning (not the dispositive) regarding the professional training allowance.
AC.2011.0325 · vd (Art. 4 LAF)
Appeal Against Partial Zoning Plan Approval Over Alignment with Cantonal Master Plan Objectives
Cited as a specific provision on coordination regarding land readjustments.
AC.2011.0253 · vd (Art. 4 LAF)
Property Owner Challenge to Single Access Point Approval; Partial Annulment for Lack of Public Servitude Guarantee
Cited in the reasoning regarding the coordination of land planning and parcel readjustment measures, but not explicitly used in the dispositive orders.
A/4461/2007 · ge (Art. 4 LAF)
Custody Holder Determines Right to Family Allowances Despite Private Agreement
Cited to recall the purpose of family allowances, which guides the interpretation of payment rules.
A/3654/2006 · ge (Art. 4 LAF)
Family Allowance Entitlement Following Custody Dispute
Cited to justify confirming the payment of family allowances directly to the father because the child was effectively living with him and the allowances must be used exclusively for the child's upkeep.
A/2457/2003 · ge (article 4 LAF)
Cameroonian Student Granted Family Allowances Based on Parental Authority
The court referenced this article concerning the beneficiary's obligation to exclusively allocate the benefits to the upkeep of the children.
39.2001.21 · ti (art. 4 LAF)
Family Allowance Entitlement: Shared Custody with One Parent Employed Abroad
This article establishing custody as the general prerequisite for entitlement was cited in the reasoning section but not in the final orders.
39.2000.14 · ti (art. 4 LAF)
Father's Appeal for Family Allowances Denied Due to Custodial Mother's Part-Time Employment
Cited in the reasoning to establish the general rule that the custodial parent has the right to the allowance.
39.2000.11 · ti (Art. 4 LAF)
Separated Parent's Appeal for Family Allowances Denied Due to Custodial Parent's Part-Time Employment
Cited as part of the systematic context, confirming that custody is the rule for receiving family allowances.
AF.1999.0005 · vd (Art. 4 al. 1 bis LAF)
Appeal Against Property Value Determination in Land Consolidation Scheme
Cited in the reasoning (Considering 1.f) to confirm the coordination principle between territorial planning measures and land consolidation.