Legislator Case Law & Legislation
820.30 EGELGLCPC CH-NE

8 Health - Employment - Social Security - Damage Caused by the Elements - 82 Social Insurance - 820 Old-age and Survivors Insurance - Disability Insurance - Chapter One General Provisions (EGELG)

16 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (16)

Art. premier Introductory Law to the Federal Law on Supplementary Benefits to the OASI and the DI (LCPC), of November 6, 2007 - Purpose Art. 2 Act on the Introduction of the Federal Act on Supplementary Benefits to AHV and IV (SBA), of November 6, 2007 - Entitled Persons Art. 3 Introductory Law of the Federal Act on Supplemental Benefits to AHV and IV (SBA), of November 6, 2007 - Additional Regulation Art. 4 Introduction Act to the Federal Law on Supplementary Benefits to the OASI and DI (LCPC), of November 6, 2007 Art. 5 Introduction Act to the Federal Law on Supplementary Benefits to the OASI and DI (SBA), of November 6, 2007 - Executing Authority Art. 6 Law on the Introduction of the Federal Law on Supplementary Benefits to Old Age and Survivors’ Insurance (OASI) and Disability Insurance (DI) (LCPC), of November 6, 2007 - Information Art. 7 Act on the Introduction of the Federal Act on Supplementary Benefits to Old Age and Survivors' Insurance and Disability Insurance (LCPC), of November 6, 2007 - Application for Supplementary Benefits Art. 8 Introduction to the Federal Act on Supplementary Benefits to the OASI and DI (LCPC), of November 6, 2007 - Duty to Provide Information Art. 9 Introduction to the Federal Act on Supplementary Benefits to the OASI and DI (SBA), November 6, 2007 - Duty of Confidentiality Art. 10 Introductory Law to the Federal Act on Supplemental Benefits to OASI and DI (LCPC), of November 6, 2007 Art. 11 Act Introducing the Federal Act on Supplementary Benefits to the Old-Age and Survivors' Insurance and the Disability Insurance (LCPC), of November 6, 2007 - Inalienability and Immunity from Seizure Art. 12 Introduction Act to the Federal Act on Supplementary Benefits to the OASI and the DI (SBA), of November 6, 2007 Art. 13 Federal Law on the Introduction of Supplementary Benefits to the OASI and DI (SBAI), of November 6, 2007 - Administrative Costs Art. 14 Federal Act on the Introduction of Supplemental Benefits to OASI and DI (SBAI), November 6, 2007 - Principles Art. 15 Federal Law on the Introduction of the Supplementary Benefits Law to the OASI and DI (SBL), November 6, 2007 - Repeal of Previous Law Art. 16 Cantonal Implementation Act on the Federal Act on Supplementary Benefits to the OASI and DI (LCPC), of November 6, 2007 - Referendum and Entry into Force

Statutory Text (16 Articles)

8 Health - Employment - Social Security - Damage Caused by the Elements - 82 Social Insurance - 820 Old-age and Survivors Insurance - Disability Insurance - Chapter One General Provisions

1. The purpose of this law is to ensure the implementation in the canton of the Federal Law on Supplementary Benefits to the OASI and the DI (Supplementary Benefits Act), dated October 6, 2006, and its implementing provisions.

2. The purpose of the supplementary benefits is to ensure that the elderly, survivors, and the disabled have their essential needs covered.

8 Health - Work - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors' Insurance - Disability Insurance - Chapter One General Provisions

[3] 1 Individuals who are domiciled in the Canton of Neuchâtel and who meet the conditions established by the LPC are entitled to a supplementary benefit within the limits of this law.

2 Individuals who are eligible to receive a supplementary benefit are informed that they may contact the authority designated under Article 7 of this law.

8 Health - Work - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors' Insurance - Disability Insurance - Chapter One General Provisions

The Council of State is competent to enact the implementing provisions.

8 Health - Work - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors' Insurance - Disability Insurance - Chapter One General Provisions

[4] 1 The Council of State establishes for individuals who reside permanently or for an extended period in a nursing home or hospital (art. 10, para. 2, LPC)

a) the daily charges, i.e., the maximum limits of expenses to be considered due to the stay in a nursing home or hospital;

b) the amount that is left at the residents' disposal for their personal expenses.

2. Repealed.

3. It is authorized to increase, up to a maximum of one fifth, the amount of assets to be considered as income for pension beneficiaries living in nursing homes and hospitals as per article 11, paragraph 1, letter c, LPC.

4. It recognizes the institutions that will be considered as homes within the meaning of the LPC.

5. It sets the conditions under which a benefit exceeding those of the federal law may be granted at the expense of the canton and determines any additional necessary execution provisions (art. 2, para. 2, LPC).

6. It defines the medical and disability expenses that may be reimbursed under article 14, paragraph 1, LPC and establishes their maximum amounts. It can reimburse directly to the supplier the invoiced expenses that have not yet been paid.

7. It is competent to file an application within the meaning of article 10, paragraph 1 quinquies LPC.

8 Health - Work - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors' Insurance - Disability Insurance - Chapter One General Provisions

The implementation of this law is entrusted to the Neuchâtel Cantonal Compensation Fund.

8 Health - Work - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors' Insurance - Disability Insurance - Chapter One General Provisions

1. The Council of State ensures adequate information for potential beneficiaries.

2. The compensation funds shall particularly send out the booklets on supplementary benefits, published by the AVS-AI Information Center, along with the AVS or AI pension decisions.

8 Health - Labor - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - chapter 2 Implementation Procedures

1. The application for supplementary benefits is submitted to the body designated by the Council of State.

2. This body processes the application.

3. It has the applicant fill out a form and forwards it to the Cantonal Compensation Fund.

8 Health - Labor - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - chapter 2 Implementation Procedures

The applicant and the persons acting on their behalf or for their account, as well as employers and administrative and judicial authorities, are required to provide the Cantonal Compensation Fund with all necessary information and documents free of charge for the application of this law.

8 Health - Labor - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - chapter 2 Implementation Procedures

Persons responsible for the enforcement of this law are required to maintain confidentiality regarding their findings and observations from third parties.

8 Health - Labor - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - chapter 2 Implementation Procedures

1. Supplementary benefits are the subject of a written decision.

2. They are paid by the Cantonal Compensation Fund generally to the rightful claimant and, as a rule, monthly by post or by bank.

8 Health - Labor - Social Security - Damage Due to Natural Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - chapter 2 Implementation Procedures

1. Supplemental benefits are non-transferable and cannot be pledged.

2. They are exempt from any enforcement action.

3. Any transfer or pledge is null and void.

8 Health - Labor - Social Security - Damage due to Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - Chapter 3 Financial Provisions

After deduction of the federal subsidy, the expenditure resulting from the supplementary benefits service is borne by the State.

8 Health - Labor - Social Security - Damage due to Elements - 82 Social Insurance - 820 Old Age and Survivors Insurance - Disability Insurance - Chapter 3 Financial Provisions

1. The costs of investigation and supervision shall be borne by the authority designated pursuant to Article 7 of this law.

2. After deducting the federal subsidy, the administrative costs shall be borne by the State.

3. They are periodically determined and reimbursed to the Cantonal Compensation Fund.

8 Health - Labor - Social Security - Damages due to Natural Elements - 82 Social Insurance - 820 Old-age and Survivors Insurance - Disability Insurance - Chapter 4 Procedure and Legal Remedies

[5] 1 Decisions regarding supplementary benefits can be contested through an objection within thirty days from the date of notification at the Cantonal Compensation Fund.

2. Decisions on objections and those against which the objection process is not available can be appealed within thirty days from the date of notification at the Cantonal Court.

3. The Federal Act on the General Part of Social Insurance Law (LPGA), dated October 6, 2000 [6], and the Administrative Procedure Act (LPA), dated March 18, 2025 [7], apply for all other matters.

8 Health - Work - Social Security - Damage Due to Elements - 82 Social Insurance - 820 Old-age and Survivors Insurance - Disability Insurance - Chapter 5 Final Provisions

The Introductory Law to the Federal Law on Supplementary Benefits to Old-Age, Survivors, and Disability Insurance (LCPC), of November 10, 1999 [8], is repealed.

8 Health - Work - Social Security - Damage Due to Elements - 82 Social Insurance - 820 Old-age and Survivors Insurance - Disability Insurance - Chapter 5 Final Provisions

1. This law is subject to an optional referendum.

2. The Council of State shall provide, if necessary, for its promulgation and execution. It shall set the date of its entry into force.

Law promulgated by the Council of State on December 19, 2007.

The entry into force is set to take effect on January 1, 2008.

Law approved by the Federal Department of the Interior on January 22, 2009.

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