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892 SHGLAS CH-LU

Social Assistance Act (SHG) (SHG)

69 Articles / Provisions · Switzerland · Canton of Lucerne
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Table of Provisions (69)

Statutory Text (69 Articles)

Scope of Application

1. The law regulates the social assistance provided by the canton and the municipalities, as well as their relationship to other providers of social assistance.

2. Provisions regarding social assistance in other cantonal enactments, as well as in inter-cantonal, federal, and international law, remain reserved.

Goals and Principles of Social Assistance

1. The following objectives are pursued with the social assistance under this Act

a. the prevention of individuals' neediness,

b. the alleviation and elimination of the consequences of their neediness,

c. the promotion of private initiative, personal responsibility, and independence,

d. the promotion of occupational and social integration.

2. The objectives shall be achieved through

a. general social assistance,

b. individual social assistance in the form of personal and economic assistance, emergency aid, and maintenance assistance.

3. The effectiveness of the measures is to be periodically reviewed.

Goals and Principles of Social Assistance

1. Institutional Social Assistance within the meaning of §§ 21-23 is granted only in supplementation of private initiative.

2. Individual Social Assistance within the meaning of §§ 24-55 is to be granted only if a person in need is unable to help themselves, or if third-party assistance is not available or cannot be obtained in a timely manner. The person in need does not have the right to choose between priority assistance and individual social assistance.

Goals and Principles of Social Assistance

1. The organs of social assistance must respect the human dignity of the person in need. In particular, an appropriate right to participate must be granted to them.

Goals and Principles of Social Assistance

1. The bodies responsible for social assistance must appropriately take into account the particularities and needs of the individual case when granting social assistance.

Goals and Principles of Social Assistance

1. The services of social assistance shall be provided in a manner that is needs-based, timely, and by professionally qualified individuals. The professional requirements for service providers are regulated by the government council through ordinance.

2. The bodies of social assistance shall support each other in the fulfillment of their tasks. They shall provide each other with information as necessary and grant access to files upon request.

3. The bodies of social assistance shall cooperate with the implementing bodies of unemployment insurance, disability insurance, health insurance, and accident insurance, as well as with other private and public institutions important for the integration of individuals. They shall provide the necessary information in individual cases based on a written and justified request and grant access to files upon request.

4. The bodies of social assistance are obligated to inform the person in need of assistance about their rights and obligations and to provide advice.

Goals and Principles of Social Assistance

1. The person in need of assistance is required to provide complete and truthful information about their circumstances in matters of economic social assistance, emergency assistance, and the advance payment of maintenance contributions, and to supply the documents necessary for clarification. They must report any changes in their circumstances promptly and on their own initiative.

2. The person in need of assistance is obliged to authorize all persons and entities, especially employers, doctors, insurance providers, and authorities, on a case-by-case basis, to provide the information necessary for the clarification of the claim for economic social assistance, emergency assistance, and advance payment of maintenance contributions.

2bis. The duties of cooperation regarding collection assistance are governed by the Federal Ordinance on Collection Assistance for Family Law Maintenance Claims of December 6, 2019.

3. Additionally, the provisions of the Administrative Procedure Act of July 3, 1972, concerning the cooperation of the parties apply.

Goals and Principles of Social Assistance

1. The social assistance authorities shall primarily obtain the necessary information from the person in need of assistance within the framework of § 7 paragraphs 1 and 3. If this is not possible or advisable, they may obtain the necessary information from third parties. Generally, the person in need of assistance must be informed of this beforehand. § 9 remains reserved.

2. If necessary, the competent social assistance authorities shall obtain a power of attorney from the person in need of assistance as defined in § 7 paragraph 2. This can be requested from the time the application for social assistance is submitted.

Goals and Principles of Social Assistance

1. If there is a reasonable suspicion that someone is attempting to unlawfully obtain, is obtaining, or has obtained social welfare benefits, the competent social welfare authorities may deploy social inspectors.

2. The social inspectors investigate the circumstances of the persons concerned, particularly with regard to their housing situation, income and asset conditions, employment, and other activities.

3. They primarily use the evidence provided for in the Administrative Procedure Law. As necessary, they may, in particular, monitor the affected persons without their knowledge and visit them unannounced at their place of work or residence. They may only enter the residence and workplace of the person in need if those entitled consent.

Goals and Principles of Social Assistance

1. Changing Circumstances: If circumstances change, the social welfare authorities are required to adjust the economic social assistance, emergency aid, and alimony support accordingly.

Objectives and Principles of Social Assistance

1. Authorities and individuals entrusted with the enforcement of this law are obligated to keep confidential any facts they become aware of in the fulfillment of their duties, in accordance with the provisions of the Personnel Act of June 26, 2001.

Objectives and Principles of Social Assistance

1. Any cantonal or municipal authority where an application for social assistance is submitted is obliged to immediately forward it to the competent social services department.

2. Any cantonal or municipal authority that is aware of an individual's or a family's need for assistance is obliged to inform them about the possibility of submitting an application for assistance to the competent social services department.

Goals and Principles of Social Assistance

1. The organs of social assistance must not induce a person in need and their family members, within the meaning of the Federal Act on Jurisdiction for the Support of People in Need (Jurisdiction Act) of June 24, 1977, to move away from the municipality of residence, not even through support for relocation or other incentives, unless it is in the interest of the person in need. Regarding the cost responsibility in case of a violation of the deportation prohibition, § 36 applies.

2. For foreigners, the provisions regarding the revocation of residence permits, as well as expulsion and deportation, shall remain reserved.

1. Objectives and Principles of Social Assistance

1. The municipal communities shall be appropriately involved in the drafting and amendment of regulatory law concerning the area of social assistance that pertains to them.

Jurisdictions and Organization

1. Social assistance is the responsibility of the municipality.

2. The canton fulfills those social assistance tasks that this law expressly assigns to it.

2. Jurisdiction and Organization

**1. Jurisdiction for Social Assistance**

1. The municipality of residence where the person in need of assistance has their domicile of support is responsible for social assistance. The domicile of support is determined according to the provisions of the Federal Jurisdiction Act.

1bis. When there is a change of domicile of support within the canton, the previous municipality of residence remains responsible for economic social assistance during the first month following the departure.

2. If the person in need of assistance does not have a domicile of support or requires immediate assistance outside of their domicile of support, the municipality where they are located is responsible (municipality of stay). Stay is defined as the actual presence in a municipality.

3. If an obviously needy person, particularly due to illness or an accident, is transferred to another municipality by medical or official order, the municipality from which the assignment was made is considered the municipality of stay.

4. If there is a dispute about local jurisdiction, the municipality where the person in need of assistance first applied for support must provide economic social assistance as an advance until jurisdiction is clarified.

5. Provisions of § 43 and Articles 5 and 21 of the Federal Collection Assistance Ordinance regarding jurisdiction in collection assistance, and § 44 regarding jurisdiction in advance payments, remain reserved.

2. Jurisdiction and Organization

1. In the municipal community, the municipal council decides on social assistance. It may delegate the authority to make decisions, in whole or in part, to the social service as per paragraph 2 or to third parties.

2. Each municipal community shall operate a social service. This service fulfills all tasks of social assistance for which the municipal community is responsible and serves as the specialized office pursuant to Article 2, paragraph 2 of the Federal Collection Assistance Ordinance. It is specifically a point of contact, clarification, and advisory center for individuals in need of assistance. It is under the supervision of the municipal council.

3. The municipal community may entrust the fulfillment of tasks of the social service, in whole or in part, to a municipal association or third parties. Collection assistance and advance payment of maintenance can only be transferred collectively, except in cross-border cases. The commissioned municipal association or third parties are obliged to provide the municipal council with all data necessary to verify the proper fulfillment of the mandate.

2. Jurisdiction and Organization

**1. The Department of Health and Social Affairs implements the cantonal social policy and exercises supervision over social assistance in the canton.**

**2. The Government Council designates the offices responsible for the execution of the social assistance assigned to the canton and for the coordination of social assistance. It regulates the details of coordination through an ordinance.**

**General Social Assistance - Social Prevention**

1. Municipalities and the canton investigate the general causes of the need for assistance and engage in social planning.

2. They inform the public in an appropriate manner about the possibilities and offerings of social assistance.

3. They coordinate their activities with each other and, when possible, with other providers of social assistance and collaborate with them.

**General Social Assistance - Social Prevention**

1. Municipalities and the canton encourage the activities of volunteers and self-help organizations in social assistance.

2. They promote the initial, continuing, and further training of employees in social assistance.

General Social Assistance - Institutional Social Assistance

1. Municipalities and Cantons may support other providers of social assistance through

a. one-time or recurring contributions,

b. material aid and granting of material use,

c. other services.

General Social Assistance - Institutional Social Assistance

1. Other providers of social assistance may only be supported if their services are in the public interest.

2. They must demonstrate that

a. their activities correspond to the objectives of this law,

b. they are making all efforts for self-contribution,

c. their activities are not possible to the necessary extent without public assistance, and

d. the appropriate and economical use of funds is ensured.

3. They must be willing to cooperate with public and private providers of social assistance.

General Social Assistance - Institutional Social Assistance

1. **The Canton and Municipalities form an association under cantonal public law for the planning, organization, and financing of institutional social assistance pursuant to § 21, as well as for health promotion and prevention pursuant to § 46 paragraph 3 of the Health Act of September 13, 2005.**

2. **The association consists of the following members:**

a. **The Canton of Lucerne with a participation of 50 percent,**

b. **All municipalities of the Canton of Lucerne with a total participation of 50 percent; the participation of each municipality is determined according to its population size; it can be graded according to the central functions of the municipalities.**

3. **The distribution of seats and votes in the association's bodies shall, as far as possible, correspond to the participation of the association members.**

4. **The expenditures of the association are borne by the members in proportion to their participation. The members of the association are obliged to pay the ordinary and extraordinary contributions decided by the assembly of delegates.**

5. **Furthermore, § 56 paragraph 2 of the Municipal Law of May 4, 2004, applies.**

Personal Social Assistance

1. Anyone who is in personal difficulties is entitled to adequate personal social assistance.

2. The entitlement to personal social assistance exists independently of the benefits of economic social assistance, emergency aid, maintenance support, and social insurance.

Personal Social Assistance

1. Personal social assistance is provided through

a. Information, advice, and support,

b. Referral to social assistance institutions that offer services for children and young people, as well as for families, or are active in the fields of aging, disability, addiction, or self-help,

c. Other services, such as budget counseling or the management of income and assets.

2. The competent municipal community may offer the services of personal social assistance under paragraph 1a in group settings.

Personal Social Assistance

1. The municipality providing personal social assistance bears its costs.

Economic Social Assistance - General Provisions

1. Anyone who cannot meet their own basic needs and those of their family members, in the sense of the Federal Jurisdiction Act, in a timely or sufficient manner with their own means, through work or with the assistance of third parties, is entitled to economic social assistance.

2. Advanced maintenance contributions are to be credited against the economic social assistance.

3. To the extent that the municipal community covers the maintenance of a child by providing economic social assistance, the maintenance claim transfers to it with all rights according to Article 289, paragraph 2 of the Swiss Civil Code of December 10, 1907 (ZGB).

Economic Social Assistance - General Provisions

1. Economic social assistance is provided through

a. the payment or transfer of monetary amounts,

b. the issuance of vouchers,

c. the granting of cost guarantees,

d. the provision of in-kind assistance.

2. Economic social assistance must be combined with personal social assistance.

3. Applications for the granting of a cost guarantee must generally be submitted in advance with a written justification.

Economic Social Assistance - General Provisions

1. Economic social assistance may be subject to conditions and directives related to the appropriate use of the benefits or otherwise suitable to improve the situation of the person in need and their family members within the meaning of the Federal Competence Act.

2. The person in need and their family members within the meaning of the Competence Act may be obliged to actively seek employment, accept reasonable work or employment, or participate in a suitable integration program.

3. They may be required to assign financial claims to the competent community, insofar as these do not automatically transfer by law to the community or the economic social assistance is not provided in advance within the meaning of § 38 paragraph 4.

Economic Social Assistance - General Provisions

1. If a person in need of assistance violates duties under this law or does not comply with conditions and instructions pursuant to § 29, the economic social assistance may be reduced or terminated in a manner appropriate to the misconduct. The government council regulates the details of the reduction and termination of economic social assistance, such as the amount and duration, by ordinance.

2. If a parent terminates their employment before or after the birth of a child, or does not take up employment in order to predominantly devote themselves to the care and upbringing of the child, the economic social assistance may not be reduced or terminated. The waiting period lasts for a maximum of twelve months, with no more than three months before the birth.

Economic Social Assistance - General Provisions

1. Economic social assistance covers the social subsistence minimum. The guidelines of the Swiss Conference for Social Assistance (SKOS Guidelines) are decisive for its assessment. The Executive Council may, by regulation, decide on deviations from the SKOS Guidelines.

2. Swiss citizens and foreigners who require immediate assistance outside of their support residence will only be granted emergency assistance. Persons in need who can be excluded from social assistance based on international agreements also have only a right to emergency assistance. The Executive Council shall regulate further details, particularly the type and scope of emergency assistance, by regulation.

3. The provisions of §§ 53 paragraph 4, 54 paragraph 4, and 55 apply to the extent of economic social assistance and emergency assistance for persons from the asylum sector.

Economic Social Assistance - General Provisions

**1. In calculating the entitlement to economic social assistance, assets that have been waived are counted as income. The constitutional right to assistance in emergencies remains reserved. The government council shall regulate the specifics, particularly the countable assets, their calculation, and the amount of crediting, by ordinance. It may provide for a temporary crediting.**

Economic Social Assistance - Obligation to Bear Costs and Obligation to Reimburse Costs

1. The municipality of residence of the person in need bears the costs of economic social assistance. If the person in need does not have a domicile of support, the municipality of current residence bears the costs.

Economic Social Assistance - Obligation to Bear Costs and Obligation to Reimburse Costs

1. The canton reimburses the resident municipality liable for costs for the expenses of economic social assistance, which it receives based on the Federal Jurisdiction Act or pursuant to international agreements.

Economic Social Assistance - Obligation to Bear Costs and Obligation to Reimburse Costs

1. The municipality of Lucerne, in which the person in need of assistance has their support residence, reimburses the canton for the costs of economic social assistance, which the canton is required to pay under the Jurisdiction Act or based on international agreements.

2. It reimburses the municipality of Lucerne providing accommodation for those costs of immediate assistance that it is liable for pursuant to § 16 paragraph 2.

3. The municipality of Lucerne, in which the person in need of assistance has their support residence, reimburses the Lucerne municipality obliged to provide preliminary payments under § 16 paragraph 4 for those preliminary payments.

Economic Social Assistance - Obligation to Bear Costs and Obligation to Reimburse Costs

1. In the event of a violation of the prohibition of deportation as defined in § 13, the resident municipality of the errant authorities shall remain liable for the costs of the economic social assistance provided to the liable resident municipality for as long as the person in need of assistance would not have changed residence without official influence, but no longer than five years.

Economic Social Assistance - Relative Support and Reimbursement

1. The Obligation to Support Relatives is Governed by Articles 328 and 329 of the Civil Code (ZGB).

Economic Social Assistance - Relative Support and Reimbursement

**1. Lawfully Obtained Economic Social Assistance Must Be Reimbursed**

1. Lawfully obtained economic social assistance shall be reimbursed to the municipality that provided it, as far as the financial situation of the person in need has improved and the reimbursement is reasonable. If a public entity has made a cost reimbursement, the economic social assistance shall be reimbursed to it.

2. Economic social assistance granted to a parent before or after the birth of a child for a maximum of twelve months, of which no more than three months before the birth, is not subject to reimbursement.

3. Economic social assistance granted to a child or a young person before reaching the age of 18, or for their education beyond this point, but no longer than until the age of 25, based on their own claim, is not subject to reimbursement.

4. Economic social assistance provided in advance with regard to benefits from social insurance, private insurance, liable third parties, or other third parties during a period, for which retrospective benefits are paid, is subject to reimbursement. The public entity providing the advance may demand direct payment of the retrospective benefits into its own account from the third party.

Economic Social Assistance - Relative Support and Reimbursement

1. Illegally obtained economic social assistance must be repaid. In cases of hardship, repayment can be waived in whole or in part upon request.

2. Anyone who has unjustly received economic social assistance must return the enrichment. Additionally, Articles 62 paragraph 2 and 63-66 of the Swiss Code of Obligations dated March 30, 1911, apply accordingly.

3. The amount to be repaid can be offset against due services of economic social assistance.

Economic Social Assistance - Relative Support and Reimbursement

1. Heirs, individuals bequeathed through a legacy, as well as beneficiaries of a life insurance policy, are obligated to reimburse the entitled community for the economic social assistance received from a deceased person, to the extent that they have been enriched from the estate or the life insurance.

Economic Social Assistance - Relative Support and Reimbursement

1. The claim for reimbursement is non-interest-bearing, provided that the financial social assistance was lawfully received. In the case of § 39 paragraph 1, it shall bear interest at five percent per year from the time of receipt.

Economic Social Assistance - Relative Support and Reimbursement

**1. The Claim for Reimbursement of Received Economic Social Assistance**

The claim for reimbursement of received economic social assistance expires if it is not asserted within three years from when the entitled public authority becomes aware of it, but at the latest ten years after the payment of the last economic social assistance benefit. If the reimbursement claim is derived from a criminal act for which criminal law provides a longer limitation period, this shall be considered the absolute period of limitation.

**2. Awareness of the Reimbursement Claim by the Entitled Public Authority**

The entitled public authority is considered to have awareness of the reimbursement claim as soon as an employee of the social service or a member of the social authority, in the exercise of official duties, becomes aware of the conditions of the reimbursement claim.

**3. Reimbursement Claim Secured by a Real Property Lien**

The claim for reimbursement of received economic social assistance, which is secured by a real property lien, is neither subject to expiration nor to a limitation period.

## Support for Maintenance - Collection Assistance

1. The child entitled to maintenance, the spouse entitled to maintenance, or the registered partner entitled to maintenance has a claim against the local municipality of the civil law residence for collection assistance regarding maintenance claims specified in a maintenance title.

2. ...

3. In cross-border cases, the child entitled to maintenance, the spouse entitled to maintenance, or the registered partner entitled to maintenance has a claim against the canton for collection assistance.

4. The canton may delegate the task of providing collection assistance in cross-border cases to third parties. The government council shall regulate further details by ordinance.

5. Otherwise, the collection assistance is governed by the provisions of the Federal Collection Assistance Ordinance.

Child Support Assistance - Collection Assistance

1. The municipality of residence of the entitled person shall bear the costs of their debt collection assistance.

2. In cross-border cases, the costs of debt collection assistance shall be borne equally by the canton and the municipalities. The share of individual municipalities shall be calculated based on the permanent resident population of the previous year according to the surveys of Lustat Statistics Lucerne.

3. Reserved is the cost participation of entitled persons in accordance with § 43b.

Child Support Assistance - Collection Assistance

1. Services of the Specialist Office for Collection Assistance for Child Maintenance Payments are provided free of charge.

2. Services of the Specialist Office for Collection Assistance for Maintenance Payments for other entitled persons are generally provided free of charge. If the entitled person has the necessary means, they must contribute to the costs of the services provided by the Specialist Office.

3. Expenses for services rendered by third parties, particularly enforcement, procedural, and translation costs, are advanced by the public authority. If these costs cannot be recovered from the obligated person, they will be imposed on the entitled person by the public authority if that person has the necessary means.

4. The government council determines the relevant income at which the entitled person is deemed to have the necessary means, as well as the extent of their cost participation, by ordinance.

Child Support Assistance - Collection Assistance

1. In the event of a violation of the deportation prohibition as defined in § 13, the resident municipality of the culpable authority is liable for the costs of the collection assistance granted to the liable resident municipality for as long as the child entitled to maintenance, the spouse entitled to maintenance, or the registered partner entitled to maintenance would not have changed residence without official influence, but not exceeding five years.

Advances on Maintenance Payments - Advancement

1. The child entitled to maintenance has a claim against the municipal community of their civil law residence for advance payment if the parents do not fulfill their maintenance obligation in full, in part, or in a timely manner.

2. The advance payment requires a legal title.

3. Maintenance contributions that become due after the application is submitted are eligible for advance payment. In the event of a change of residence within the canton, the municipal community previously responsible must still advance the maintenance contribution owed for the following month.

4. To the extent that the municipal community provides for the maintenance of a child through advance payment, the maintenance claim transfers to it with all rights pursuant to Article 289, paragraph 2 of the Swiss Civil Code (ZGB).

Advances on Maintenance Payments - Advancement

1. No Entitlement to Advance Maintenance Exists When

a. * The child's maintenance is secured otherwise, whereby the earned income of the minor child is not considered as other security of maintenance,

b. The child is permanently residing abroad,

c. The parents are living together,

d. * ...

e. The child or the legal representative claiming the advance maintenance withholds the required information or documents.

Advances on Maintenance Payments - Advancement

1. The extent of the advance payment is determined by the maintenance contribution specified in the legal title that has not been provided.

2. The advance payment must not exceed the amount of the maximum orphan's pension according to the Federal Act on Old-age and Survivors' Insurance of December 20, 1946.

3. If the relevant income according to § 46a exceeds a certain threshold, the advance payment outlined in paragraphs 1 and 2 is reduced in proportion to the level of the relevant income relative to this threshold (partial advance), until the entitlement ceases completely.

4. For minor children, the income of the parent, stepparent, registered partner, or partner in a stable cohabitation in whose household the child lives must be considered for the partial advance according to paragraph 3; for adult children, their own income must be considered.

5. The government council regulates further details, particularly the income thresholds, the calculation of the partial advance, as well as the exclusion of the payment of trifling amounts, by ordinance.

Advances on Maintenance Payments - Advancement

1. The income relevant for the advance payment is calculated in accordance with the provisions of the Act on the Reduction of Health Insurance Premiums of January 24, 1995, as well as the Ordinance on the Act on the Reduction of Health Insurance Premiums of December 12, 1995. This also applies to persons who are taxed at the source.

2. From the income relevant pursuant to paragraph 1, the advanced maintenance contributions are to be deducted.

Advances on Maintenance Payments - Advancement

2. The municipality bears the costs of the advance payments insofar as these cannot be reclaimed from the maintenance-obligated parent.

Advances on Maintenance Payments - Advancement

1. In the event of a violation of the prohibition of deportation as defined in § 13, the municipality of residence of the culpable bodies shall remain liable for the costs of the advance payment granted to the chargeable municipality of residence for as long as the child entitled to maintenance would not have changed residence without official influence, but no longer than five years.

Advances on Maintenance Payments - Advancement

1. A child receiving advances is obliged to reimburse the responsible municipality and, in the case of § 48, the municipality liable for cost reimbursement to the extent that the obligated parent directly pays the advanced maintenance contributions.

2. A child who has unlawfully received advances or who inherits from the obligated parent and thereby acquires assets, must repay the advances to the responsible municipality and, in the case of § 48, the municipality liable for cost reimbursement.

3. In cases of hardship, a complete or partial waiver of repayment may be granted upon request.

4. Advances provided in anticipation of benefits from a social insurance, private insurance, liable third parties, or other third parties during a period for which retroactive benefits are paid, must be reimbursed. The municipality providing the advance may request direct payment of retroactive benefits into its own treasury from the third party.

Advances on Maintenance Payments - Advancement

1. The claim for repayment shall be interest-free if the advance was lawfully received. Otherwise, it shall accrue interest at a rate of five percent per annum from the time of receipt.

Advances on Maintenance Payments - Advancement

1. The right to claim reimbursement of advanced maintenance payments expires if it is not asserted within three years from the date the entitled municipality gains knowledge of it, but no later than ten years after the maintenance payment was last advanced. If the reimbursement claim is derived from a criminal act for which criminal law provides a longer limitation period, this longer period shall apply as the absolute expiry period.

2. The entitled municipality is deemed to have knowledge of the reimbursement claim as soon as an employee of the social services or a member of the social authority becomes aware of the conditions for the reimbursement claim in the course of performing official duties.

Advances on Maintenance Payments - Advancement

1. The municipal council is entitled to file a criminal complaint in cases of neglect of maintenance obligations pursuant to Article 217 of the Swiss Criminal Code of December 21, 1937.

2. If the municipal council has delegated the authority to decide on claims for maintenance assistance to the social services, a municipal association, or a third party, they are entitled to file such applications.

Advances on Maintenance Payments - Advancement

1. The local municipality examines the application for advance payments for completeness. It verifies and supplements the personal details and enters the tax data necessary for the calculation of entitlement. For this purpose, it may obtain the necessary data of the parent with whom the minor child resides, or the necessary data of the adult child from the cantonal resident platform according to § 9 of the Registration Act dated May 25, 2009, and from the tax database according to § 135 of the Tax Act dated November 22, 1999, provided the affected person gives written consent for the data acquisition.

2. Access to the resident platform and the tax database is granted only to those local municipalities that ensure the restriction of access rights in technical, organizational, personnel, and administrative terms according to § 6 paragraph 1bis of the Cantonal Data Protection Act dated July 2, 1990.

Social Assistance for Persons in the Asylum Sector

**1. The Canton grants personal and economic social assistance to asylum seekers, persons temporarily admitted in Switzerland, and those in need of protection, insofar as the Confederation is not responsible. Economic social assistance particularly includes accommodation in shelters.**

2. The Canton may delegate the fulfillment of this task entirely or partially to third parties or, if circumstances require, to the local municipalities.

3. The Department of Health and Social Affairs can obligate local municipalities, in particular, to provide accommodations or to accept asylum seekers, temporarily admitted persons, and those in need of protection. Municipalities that do not fully or partially fulfill their obligation to accept individuals must pay a fee. The fee amounts to a maximum of 150 Swiss Francs per person not accepted per day.

4. The Government Council regulates the specifics through an ordinance, particularly the form and amount of economic social assistance, the details of accommodation, the delegation of tasks to local municipalities, the extent of the municipalities' obligation to accept individuals, the amount of the substitute fee, and the distribution of the revenues from the substitute fee to the municipalities that fulfill their obligation.

5. The Canton bears the costs of social assistance for asylum seekers, temporarily admitted persons, and those in need of protection, insofar as they are not reimbursed by the Confederation.

6. If temporarily admitted persons reside in Switzerland for more than ten years, the local municipality is responsible for personal and economic social assistance.

7. In the event of a change in the foreigner legal status of the needy person, whereby responsibility for personal and economic social assistance shifts to the local municipality, the change of responsibility takes effect at the end of the following month.

Social Assistance for Persons in the Asylum Sector

1. The canton grants personal and economic social assistance to refugees residing within the canton. Economic social assistance particularly includes accommodation in shelters.

2. The canton may wholly or partially delegate the fulfillment of this task to third parties or, if circumstances require, to the municipalities.

3. The Department of Health and Social Affairs may specifically oblige the municipalities to provide accommodations or accept refugees. Municipalities that do not fully or only partially fulfill their duty to accept refugees are required to make a payment. The payment shall not exceed 150 Swiss francs per unaccepted person per day.

4. The Government Council will regulate the specifics by ordinance, particularly the details regarding accommodation, the delegation of tasks to municipalities, the extent of the municipalities' obligation to accept refugees, the amount of the substitute payment, and the distribution of the revenues from the substitute payment to the municipalities that fulfill their acceptance obligation. The scope of personal and economic social assistance is determined in accordance with §§ 24 and 25 as well as § 31.

5. The canton bears the costs of social assistance for refugees insofar as these are not reimbursed by the federal government.

6. If refugees reside in Switzerland for more than ten years, the responsibility for personal and economic social assistance falls to the municipality.

7. In the case of a change in the alien status of the person in need, which results in the transfer of responsibility for personal and economic social assistance to the municipality, the change of responsibility takes effect at the end of the following month.

Social Assistance for Persons in the Asylum Sector

1. The canton grants emergency assistance to individuals from the asylum sector who are excluded from social assistance under federal law.

2. The government council regulates the details, particularly the nature and scope of the emergency assistance, by ordinance.

**Procedure**

1. Applications for personal and economic social assistance can be submitted orally or in writing. Subject to § 28 paragraph 3.

2. An oral application does not exempt the person in need of assistance from their duty to cooperate.

**Procedure**

1. The public entity claiming cost reimbursement must notify the responsible public entity within 60 days from the granting of economic social assistance. Failure to adhere to this deadline results in the loss of cost reimbursement for assistance provided more than 60 days prior.

**Procedure**

1. Claims for reimbursement of expenses expire two years after the deadline for invoicing.

**Procedure**

1. Appeals against decisions concerning economic social assistance, emergency aid, advances, and reimbursements are permissible to the municipal council. In cases of decisions regarding economic social assistance, emergency aid, and reimbursements concerning individuals from the asylum sector for which the canton is responsible, the competent department is the appeal authority.

2. The municipal council is authorized to file an administrative court complaint against appeal decisions of the Department of Health and Social Affairs regarding economic social assistance, emergency aid, advances, and reimbursements if the municipality was the lower instance.

3. Otherwise, the provisions of the Administrative Procedure Act apply.

Final Provisions

1. The Act on the Care of Adults of March 10, 1981, is repealed.

Final Provisions

1. The following enactments are amended according to the Annex

a. Introduction Act to the Swiss Civil Code of November 20, 2000,

b. Health Act of September 13, 2005,

c. Premium Reduction Act of January 24, 1995,

d. Social Assistance Act of October 24, 1989.

Final Provisions

1. Until new regulatory law is enacted, the existing law shall remain in force, provided it does not conflict with this Act.

2. The Act applies to all applications that have not been decided by the time it comes into effect. Pending appeal proceedings shall be decided according to the previous law.

3. An obligation for cost reimbursement by the municipality of origin to the canton or the municipality of residence under previous law exists only if the bill for costs incurred up to April 7, 2017, is submitted before April 8, 2018.

Final Provisions

1. In cases where the amendment from December 2, 2019, would result in a reduction of the entitlement to advance payments at the time it comes into force, the entitlement will be calculated according to the previous law during a transition period of one year from the effective date of this amendment.

Final Provisions

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.

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