Social Assistance Ordinance (SHV) - Scope (OAS)

1. This ordinance governs the implementation of the Social Assistance Act of March 16, 2015.

2. The details of social assistance for individuals in the asylum sector are regulated in the Cantonal Asylum Ordinance of November 24, 2015.

1. Support Residence as defined in this regulation is the residence according to the provisions of the Federal Act on the Jurisdiction for the Support of the Needy of June 24, 1977 (Jurisdiction Act).

2. Civil Residence as defined in this regulation is the residence according to the provisions of the Swiss Civil Code of December 10, 1907 (ZGB).

1. The social service must have at least one professionally qualified person in each relevant department.

2. In the area of personal and economic social assistance as well as emergency aid, individuals are considered professionally qualified if they

a. possess a university of applied sciences degree in Social Work or an equivalent education, or

b. were employed in a social service for at least three years between January 1, 2012, and December 31, 2022, and completed at least 80 hours of professional training during this period.

3. In the area of alimony assistance, individuals are considered professionally qualified if they

a. have completed or are pursuing part-time advanced training as an alimony specialist, or

b. were employed in the field of alimony assistance for at least three years between January 1, 2012, and December 31, 2022, and completed at least 40 hours of professional training during this period.

1. The Department of Social Services and Society is responsible for the implementation of social assistance assigned to the canton and for coordinating social assistance, unless the Government Council designates another department.

2. The coordination by the Department of Social Services and Society particularly includes

a. Promotion of intra- and inter-cantonal cooperation,

b. Information and advice to municipalities and social services,

c. Issuance of information sheets, templates, and standard documents.

3. In the area of alimony assistance, the Department of Social Services and Society may conduct further training and education programs.

1. The application for institutional social assistance from the canton must be submitted to the Department of Health and Social Affairs. The application for institutional social assistance from the municipality of residence must be submitted to its social services department.

2. The person in need of assistance must submit the application for personal or economic social assistance to the social services department of their residence of support. If the person in need has no residence of support or requires immediate assistance outside their residence of support, the application must be submitted to the social services department of the municipality of stay.

3. The spouse entitled to maintenance, the registered partner, or the child entitled to maintenance must submit the application for collection assistance to the social services department of their civil residence, or in cross-border cases, to the specialized office designated by the canton. The child entitled to maintenance must submit the application for advance payment to the social services department of their civil residence.

4. The Department of Health and Social Affairs, the municipalities, and other competent authorities may designate other public or private entities as responsible for receiving applications.

1. Decisions regarding economic social assistance, advance payments, and reimbursement do not need to be justified. An objection to these decisions can be filed in writing within 20 days. This must be indicated in the decision.

2. Otherwise, the provisions of the Administrative Procedure Act of July 3, 1972, shall apply.

1. Sums of money provided in connection with economic social assistance, as well as collected and advanced maintenance contributions, are generally to be paid out or transferred at the beginning of the month.

1. Excluded from Regular Social Assistance are

a. Swiss citizens as well as foreigners with a support residence in another canton or abroad; they are only entitled to emergency assistance as defined in § 24,

b. individuals in need who are excluded from social assistance due to international treaty regulations, particularly foreigners who are in Switzerland for the purpose of job seeking (Annex I Art. 2 Sec. 1 Subsec. 2 of the Agreement between the Swiss Confederation on one side and the European Community and its Member States on the other concerning the free movement of persons of June 21, 1999[8]); they are only entitled to emergency assistance according to § 25.

1. For individuals in purpose-shared households, the basic requirement for living expenses is determined independently of the overall household size. It is measured based on the number of individuals in the support unit. In deviation from the guidelines for the design and assessment of social assistance by the Swiss Conference on Social Assistance (SKOS guidelines), the corresponding basic requirement is reduced by 20 percent for one person in a support unit and by 15 percent for multiple people in a support unit.

1. Deviation from the Skos Guidelines sets the monthly basic needs for living expenses for individuals in need who have not worked in Switzerland for one and a half years as follows, subject to paragraph 2

a. for a single-person household, 85 percent of the basic needs as per the Skos Guidelines,

b. for a multi-person household, 90 percent of the basic needs as per the Skos Guidelines.

2. The basic needs for living expenses according to the Skos Guidelines apply in any case for

a. young adults in need with their own household, if there are compelling reasons for maintaining a separate household and the basic needs for living expenses are to be reduced by 20 percent based on the Skos Guidelines,

b. single parents in need with children under the age of 3,

c. single parents in need with children under the age of 14 and a workload of more than 50 percent,

d. married or cohabiting couples in the same household with children under the age of 3, if a workload of at least 100 percent is demonstrated,

e. married or cohabiting couples in the same household with children under the age of 14, if a workload of at least 150 percent is demonstrated,

f. persons after seven years since the first contact with social assistance.

3. Otherwise, § 30 of the Social Assistance Act applies.

1. In deviation from the Skos guidelines, the integration allowance for non-employed individuals ranges from 100 to 200 Swiss Francs per person per month, depending on the services rendered and their significance to the integration process.

**1. Clarification of the Skos Guidelines**

The maximum limit for the income exemption for gainfully employed persons in the primary labor market, who have reached the age of 16, is set at 500 Swiss Francs per person per month. The exemption amounts are determined based on the extent of employment as follows

Extent of Employment (100 percent = 180 or more hours per month) / Income Exemption per Person and Month

- Up to 10 percent: CHF 100.-

- 20 percent: CHF 160.-

- 30 percent: CHF 220.-

- 40 percent: CHF 280.-

- 50 percent: CHF 330.-

- 60 percent: CHF 370.-

- 70 percent: CHF 410.-

- 80 percent: CHF 440.-

- 90 percent: CHF 470.-

- 100 percent: CHF 500.-

**2. Earnings Below Threshold**

Earned income of less than 100 Swiss Francs per person and month is considered exempt and is not deducted from the economic social assistance.

1. The maximum limit for cumulative integration allowances and income exemptions is 850 francs per household per month.

1. Assets relinquished by the person in need of assistance within the last five years prior to the submission of the application for economic social assistance shall be counted as income in the calculation of entitlement.

2. For the assessment of assets, Article 17 paragraphs 1 and 5 of the Ordinance on Supplementary Benefits to Old Age, Survivors, and Disability Insurance (ELV) of January 15, 1971, as well as § 2 of the Act on Supplementary Benefits to AHV/IV of September 10, 2007, shall apply mutatis mutandis.

3. An amount of 10,000 Swiss Francs shall be counted as income per year.

4. The value of the assets at the time of relinquishment shall remain unchanged and be transferred to January 1 of the year following the relinquishment. Thereafter, it shall be reduced by 10,000 Swiss Francs, as well as any amounts counted for the calculation of the annual supplementary benefit, each year. For the calculation of entitlement to economic social assistance, the reduced amount as of January 1 of the year for which economic social assistance is claimed shall be decisive.

5. The right to assistance in emergencies in accordance with Article 12 of the Federal Constitution of the Swiss Confederation of April 18, 1999, shall remain reserved.

1. **Deviation from the SKOS Guidelines**

In deviation from the SKOS guidelines, in cases of violation of statutory duties or non-compliance with conditions and instructions, the basic needs for livelihood may be reduced as a sanction by 5 to a maximum of 35 percent. Reductions of 20 percent or more must be limited to a maximum of 9 months. Additionally, the income allowance and the integration allowance may be reduced or canceled. The situation of other affected individuals within a support unit must be appropriately considered.

2. **Examination by the Social Service**

Before the expiry of the period specified in paragraph 1, the social service must examine whether the conditions for a reduction or cancellation still exist. If so, another measure according to paragraph 1 can be taken. If the conditions and instructions are meanwhile complied with, the reductions and cancellations are lifted, deviating from the SKOS guidelines only after the expiry of the period specified in paragraph 1. § 5 of the Social Assistance Act remains reserved.

3. **Adjustment of Economic Social Assistance**

The complete or partial cessation of economic social assistance is particularly possible if a person in need refuses to accept a reasonable and concretely available job or to assert a clearly defined and enforceable legal claim to substitute income to which they are entitled. Economic social assistance can be terminated if the need for assistance is no longer proven.

1. If the municipality of residence is not liable for costs (§ 33 Social Assistance Act) or if a Lucerne municipality has provided economic social assistance as an advance (§ 16 para. 4 Social Assistance Act), the social services office shall notify the decision to the social services office of the cost-liable Lucerne municipality of residence within 60 days from the granting of immediate assistance or economic social assistance (§ 35 para. 2 and 3 Social Assistance Act).

2. If a person in need of assistance moves to another municipality in Lucerne and there are doubts about the cost liability of a municipality, the social services office of the new municipality of residence shall notify the social services office of the previous municipality of residence of the decision regarding the granting of economic social assistance within 60 days.

3. The notifying social services office shall communicate to the social services office of the cost-liable municipality of residence or the previous municipality of residence the reasons for granting immediate assistance or economic social assistance and for the cost liability.

1. If the social service does not recognize the request for cost reimbursement obligation or the decision of the reporting social service regarding the provision of immediate assistance or economic social assistance, it must raise a justified objection with the reporting social service within 30 days.

2. If the deadline is not met, the reporting social service may invoice the economic social assistance it has provided up to the receipt of the objection.

3. Disputed claims for cost reimbursement are to be asserted by administrative lawsuit according to §§ 164-172 of the Administrative Procedure Act.

1. If an objection is raised that the second-to-last municipality of residence of the person in need is liable for cost reimbursement, the reporting social service must notify the second-to-last municipality of residence within 60 days of receiving the objection. § 15 paragraph 3 applies accordingly.

2. If the social service of the second-to-last municipality of residence does not recognize the decision regarding economic social assistance or cost reimbursement liability, the procedure according to § 16 applies.

1. The social services of the entitled residential municipality shall invoice the liable residential municipality for the economic social assistance provided as an advance within 30 days after the end of each quarter. Invoices for the immediate assistance provided shall be issued as soon as possible.

2. The invoice shall be settled within 30 days.

1. If the canton is obligated to reimburse costs (§ 34 Social Assistance Act), the social service of the municipality of residence of the person in need must notify the Social and Society Office within 60 days from the granting of immediate assistance.

1. If a Lucerne municipality is obligated to reimburse the canton for costs (§ 35 para. 1 Social Assistance Act), the Social and Society Service shall notify the social service of the municipality liable for cost reimbursement within 60 days from the notification by the canton of residence.

1. In the relationship between the municipalities and the canton, the provisions of § 15, paragraphs 2 and 3, and §§ 16-18 shall apply mutatis mutandis.

1. The competent cantonal office pursuant to Article 29 of the Federal Jurisdiction Act is the Social and Society Office.

2. The Department of Health and Social Services is responsible for issuing rejection decisions and for lodging appeals pursuant to Article 34, paragraph 1 of the Federal Jurisdiction Act.

1. The authority responsible for reimbursement decisions is the municipality that most recently provided economic social assistance.

2. The social authority of the municipality that provides economic social assistance is responsible for asserting the right to relative support.

1. Persons with a domicile for support in another canton or abroad are to be granted emergency assistance if they require immediate help outside of their domicile for support, particularly due to illness, accident, or sudden destitution, and neither can return to their domicile for support nor wait until assistance is provided by that domicile.

2. Emergency assistance includes, in particular, necessary medical care until transportation capability is restored and the necessary means for the journey home.

3. It is generally provided in the form of vouchers or in-kind assistance. It can be administered at specifically designated locations.

1. Emergency Aid for Persons Excluded from Social Welfare according to § 7 subparagraph b includes the essential means for a dignified existence, such as food, clothing, shelter, and emergency medical care.

2. The basic amount for subsistence is 10 Swiss francs per person per day.

3. Furthermore, § 24 paragraph 3 shall apply mutatis mutandis.

1. The Cantonal Asylum Ordinance applies to emergency assistance for individuals in the asylum sector.

1. The Social and Community Services Office may delegate the debt recovery assistance in cross-border cases to a municipal social service, an association of municipalities, or a third party. For this purpose, it concludes a service agreement.

2. The competent office for cross-border cases must meet the professional requirements for service provision according to § 2a paragraph 3 and possess expertise in the field of international enforcement of maintenance claims.

3. The cut-off date for calculating the share of individual municipalities in the costs of debt recovery assistance in cross-border cases pursuant to § 43a paragraph 3 of the Social Assistance Act is January 1 of the year in which the debt recovery assistance is provided.

1. The necessary resources according to § 43b paragraphs 2 and 3 of the Social Assistance Act are present when the relevant income according to § 46a of the Social Assistance Act

a. exceeds 120,000 Swiss Francs for single persons; or

b. exceeds a total of 180,000 Swiss Francs for married persons, persons in a registered partnership, or persons living in a stable cohabitation.

2. The cost contribution for the services of the specialist office is a flat rate of 800 Swiss Francs for the entire year.

1. Legal Title under the Meaning of § 44 Paragraph 2 of the Social Assistance Act are

a. final judgments and decisions on provisional measures made by Swiss courts,

b. maintenance agreements that have been approved by the Child and Adult Protection Authority or by the court (Art. 287 Para. 1 and 3 of the Swiss Civil Code, ZGB).

2. Final judgments and decisions on provisional measures under the meaning of Paragraph 1a are

a. final divorce and separation judgments (Art. 133 Para. 1 and 118 Para. 2 ZGB),

b. decisions on statutory measures in marriage protection proceedings in favor of children (Art. 173 Para. 1 and 176 Para. 3 ZGB),

c. decisions on provisional measures in matrimonial separation and divorce proceedings (Art. 118 Para. 2 ZGB and Art. 276 Para. 1 of the Swiss Code of Civil Procedure [ZPO] of December 19, 2008),

d. decisions on provisional measures in paternity proceedings (Art. 303 ZPO),

e. final maintenance judgments (Art. 279 ZGB) or decisions on provisional measures in maintenance proceedings (Art. 303 ZPO).

3. Other legal titles only entitle one to receive an advance if they have been previously recognized by the social authority. These include in particular

a. written agreements or acknowledgments of debt regarding maintenance contributions without the approval of the Child and Adult Protection Authority or the court,

b. foreign judgments.

4. In the procedure for the recognition of legal titles under Paragraph 3, the ability of the maintenance-debtor to perform can particularly be checked. If this capability is clearly not in accordance with the agreed maintenance contributions, the advance may be refused.

1. The entitlement to advance maintenance payments is reduced according to § 29a paragraph 1 if the relevant income

a. of the parent with whom the maintenance-eligible child resides, exceeds 33,000 Swiss francs per year, or

b. * of the registered partner or step-parent and the parent, with whom the maintenance-eligible child resides, exceeds 50,000 Swiss francs per year, or

c. * of the partner of a stable cohabitation and the parent, with whom the maintenance-eligible child resides, collectively exceeds 50,000 Swiss francs per year, or

d. * of the adult child exceeds 16,800 Swiss francs per year.

2. ...

3. The relevant figures are the taxable values from the most recent final tax assessment under the Tax Law of November 22, 1999.

4. If the actual circumstances at the time of the application or during the advance maintenance payment differ by more than 15 percent from the relevant income according to the latest tax assessment, the actual circumstances shall be taken into account.

5. If, for adult children from the beginning of the tax period in which they reached adulthood, no final tax assessment is available, the actual circumstances should be considered.

1. If the relevant income exceeds the income limits according to § 29, the advance is reduced by at least 40 percent of the relevant income above the applicable income limit. This percentage increases by 0.0015 percentage points for every franc of the relevant income above the income limit.

2. If the entitlement to advance payment is less than 100 francs per year and per child, the amount will not be disbursed.

1. Child and education allowances that the obligated parent is required to pay in addition to maintenance contributions are not advanced.

1. The maintenance contributions shall be advanced for a maximum period of one year. Before the expiration of this period, the social service must review whether the advancement needs to be adjusted.

2. The advancement ends upon the child entitled to maintenance reaching the age of majority. Article 277 paragraph 2 of the Swiss Civil Code (ZGB) is reserved.

1. The following documents must be attached to the application

a. a legal title according to § 28,

b. * ...

c. * the most recent tax assessment and a copy of the most recent tax return for all individuals whose income must be considered according to § 29 paragraph 1 when calculating the relevant income,

d. * the latest pay slips of all individuals whose income must be considered according to § 29 paragraph 1 when calculating the relevant income,

e. * any documents regarding the income and assets of the supported minor child,

f. a statement of the unpaid maintenance contributions,

g. the documents mentioned in § 33.

2. The social services may request additional documents.

1. The child entitled to maintenance or their representative is required to sign the following documents

a. the truthfully completed application form,

b. the declaration acknowledging that any unjustly received advances must be repaid and that, if necessary, a criminal complaint will be filed.

1. The use of incoming payments is governed by Articles 85-87 of the Swiss Code of Obligations of March 30, 1911. Article 15 of the Ordinance on Collection Assistance for Family Law Maintenance Claims of December 6, 2019, remains reserved.

2. The social service must pay any surplus to the child entitled to maintenance.

1. The Department of Health and Social Affairs issues the directives and forms necessary for the implementation of this Ordinance. It may delegate the task to the Social and Society Office.

1. The Social Assistance Ordinance of July 13, 1990 is repealed.

1. ...

1. The municipal communities must meet the professional requirements for service providers in accordance with § 2a no later than September 1, 2024.

1. The regulation shall enter into force on January 1, 2016. It is to be published.