Ordinance on Public Social Assistance and Social Institutions (SHEV) - Data Protection (SHEV)

1. Only data necessary for the processing of the case may be recorded.

2. Authorities and individuals responsible for the execution of the law and this regulation are accountable for protecting the personal data and documents of entitled persons that they process from unauthorized access.

3. Upon request, the affected person has the right to inspect their own files at the authority and make copies thereof.

1. The prohibition of deportation can also be contravened through wrongful inaction by the competent social welfare authority.

1. If it is determined that the granting of benefits has been unjustly delayed or denied by a municipality, the competent social welfare authority must reimburse the canton for the expenses incurred for benefits under Article 8, paragraph 4 of the law.

1. Responsibilities of the Social Welfare Authority include, in particular

a) representation of the municipal social services

b) promotion of the professional education and training of persons entrusted with social welfare tasks

c) involvement in prevention

d) provision of personal assistance

e) decision as the sole municipal authority regarding the granting, scope, duration, and conditions of material assistance as well as the obligation of reimbursement pursuant to Art. 31 of the Law

f) management of payment transactions, bookkeeping, as well as reporting and accounting systems

g) annual reporting on its activities to the Department of the Interior

h) assertion of claims for family-law support in accordance with Art. 328 et seq. of the Swiss Civil Code (SCC)

2. The Social Commissioner decides in emergencies on the granting of limited material assistance, provided that the application is not expected to be assessed by the Social Welfare Authority within a useful time frame.

1. The social welfare agency is organized in such a way that accessibility for individuals seeking assistance is ensured, and a discreet waiting area is provided, which is not visible to other visitors.

2. The responsible personnel of the social welfare agency possess the necessary knowledge for result-oriented counseling and support. They engage in continuous professional development and maintain contact with other advisory centers.

1. The Department of the Interior responsible for public social assistance and social institutions fulfills the tasks assigned to it by the law and supervises the authorities tasked with the execution of the law.

2. It is, in particular, the appellate authority for disputes between needy individuals and social assistance authorities, as well as for jurisdictional conflicts between social assistance authorities within the canton and between social assistance authorities and the cantonal social office.

1. The cantonal social welfare office is the cantonal authority for public social assistance and social institutions.

2. It advises and supports the social welfare authorities in professional matters as well as in the further training of employees and the organization of processes.

3. The staff of the cantonal social welfare office may at any time review the social welfare records and accounting documents of the social welfare authorities and other advisory offices and special services entrusted with tasks of public social assistance.

4. The cantonal social welfare office is also responsible for granting benefits pursuant to Art. 8 para. 4 of the Act, as well as the task of assigning individuals from the asylum and refugee sector pursuant to Art. 9 para. 2 of the Act.

1. The government council elects a Disability Commission. The term of office is four years with the possibility of re-election and representation.

2. The commission consists of at least five members. When appointing members, it must be ensured that there is an appropriate inclusion of institutions for adults with disabilities and their organizations as well as disability organizations.

3. The cantonal social office manages the secretariat of the Disability Commission.

1. Social Assistance Inspectors possess a completed and recognized education in the fields of jurisprudence, social work, or security, as well as the necessary legal knowledge, particularly in the areas of social assistance law and procedural law.

2. Social Assistance Inspectors assess the circumstances of the concerned individuals, especially with regard to

a) Employment

b) Housing situation

c) Work capacity

d) Income and asset conditions

3. During home or workplace visits, Social Assistance Inspectors may only enter the residence or work location if consent is given by the entitled individuals.

4. Surveillance may only be conducted for a limited period of time. The concerned individuals must be identifiable without technical aids. The use of image carriers is permitted.

5. Social Assistance Inspectors may not influence the behavior of the concerned individuals.

6. Social Assistance Inspectors report to the cantonal Social Office, hand over usable evidence, and immediately destroy any unsuitable evidence.

1. The social assistance authority can charge the cantonal social office with the examination of documents in the event of a justified suspicion of unlawful receipt of social assistance. For this purpose, it creates a separate file.

2. The cantonal social office reviews the submitted documents and investigates whether the suspicion of unlawful receipt of social assistance can be clarified through an inspection of the affected person by social assistance inspectors.

3. The cantonal social office informs the social assistance authority of the findings from paragraph 2 and, if necessary, submits a request to the social assistance authority for approval of the corresponding costs for the intended surveillance expenses.

4. The cantonal social office initiates the surveillance and immediately informs the municipality in charge of the case of the findings of the surveillance upon its completion.

5. The filing of complaints, assertion of claims for reimbursement, and the revocation of social assistance measures are the responsibility of the municipalities.

1. The social welfare authority conducts all necessary assessments for advising the person seeking assistance and calculating the required financial support.

2. The assessments are primarily carried out by interviewing the person seeking assistance and reviewing their documents.

3. The social welfare authority is entitled, if necessary, to obtain information about the person seeking assistance from third parties. The person seeking assistance is generally to be informed beforehand.

1. Material assistance is generally provided in cash.

2. If a person in need of support does not offer assurance for the appropriate use of the money, the payments are to be made directly to third parties or vouchers and goods are to be issued.

3. In choosing the form of material assistance, the circumstances in each individual case are decisive.

**1.** Own resources include the income and assets of the person seeking assistance as well as those of their spouse who is not living separately, or the registered partner, as well as a partner in a stable cohabitation arrangement.

**2.** For services provided by the person seeking assistance to children with their own earned or replacement income, or other adult persons living in the same household, a reasonable fee must be accounted for.

**3.** In addition to earned income, benefits in kind provided by third parties are also considered own resources. They should accordingly be treated as income of the person to be supported.

1. If a supported person is entitled to scholarships, these scholarships shall be considered as their own means when determining the amount of material social assistance.

1. Emergency assistance is to be provided when it is temporally and substantively justified.

2. The approach for support in emergency assistance differs from the approaches of social assistance.

3. Emergency assistance is granted in kind, to the extent possible.

1. Emergency Assistance for Persons with a Support Residence in Another Canton is Governed by the Federal Act on Jurisdiction for the Support of Needy Persons (ZUG).

1. Persons in the asylum sector with a final non-admittance decision or a final rejected asylum application who have been given a deadline for departure, and persons whose temporary admission has been definitively revoked, are granted support services in accordance with Art. 82 of the Asylum Act (AsylA).

2. This emergency assistance includes, in particular, accommodation, food, clothing, the opportunity for personal hygiene, and medical care. As a rule, it is provided in designated accommodations and in kind.

1. Emergency Aid for the Return of a Foreigner in Need of Support Primarily Includes Travel Expenses to Their Home Country.

2. Foreign persons whose residence permits expire and this was unforeseeable are generally granted emergency aid only after taking into consideration an appropriate transition period from the issuance of the negative residence decision, insofar as this is necessary for the preparation of their return to their home country. The possible initiation of a legal remedy against the negative residence decision is not to be considered.

1. The needy person must confirm in writing before receiving material assistance

a) having been informed that, according to the Swiss Civil Code, potentially liable relatives may be contacted for possible support obligations

b) having taken note of their duty to cooperate and provide information in the periodic determination of benefit entitlement

c) having been informed that they must provide unsolicited information on any changes in personal and financial circumstances at any time

d) having taken note of the obligation to repay and the applicable deadlines

2. A duplicate of this confirmation must be given to the needy person.

1. The social welfare authority shall verify its jurisdiction ex officio upon submission of an application. If it is not competent, it shall direct the person seeking assistance to the social welfare authority of the municipality obligated to provide support according to the law and shall simultaneously notify the latter.

2. The jurisdiction of the social welfare authority where the application was submitted shall remain in place until the recognition of jurisdiction by the other social welfare authority.

1. If the enforcement of a measure ordered by a KESB decision is at risk, the person in need of support or their legal representation may request the cantonal social welfare office to grant benefits according to Article 8 paragraph 4 of the Act, disclosing the urgency.

2. Applications for the granting of benefits according to Article 8 paragraph 4 of the Act must be submitted in writing, providing evidence of a prior application made to a social assistance authority.

1. During the application process, the person to be supported must be heard in person. If this is not possible for health reasons, the personal hearing must be promptly conducted after the impediment is removed.

1. The social assistance authority prepares a needs assessment, in which the social subsistence minimum is determined and the countable personal resources of the person to be supported are identified.

1. The social assistance authority advises the individuals to be supported and, if necessary, collaborates with them to develop an assistance plan with clear, verifiable objectives aimed at avoiding prolonged reliance on social assistance. In this process, all possible benefits preceding social assistance are considered. The objectives are regularly reviewed and, if necessary, adjusted accordingly in the assistance plan.

1. The social welfare authority may have a trust physician assess the health conditions in cases of prolonged inability to work of a person receiving support.

2. If the person receiving support refuses to cooperate in determining the health conditions by a trust physician, the support benefits may be reduced.

1. The material assistance determined by the social welfare authority is to be time-limited. The economic and personal circumstances of the person receiving support must be periodically reviewed, at least once a year.

2. Reductions of the social subsistence minimum calculated through needs assessment are to be limited in duration.

1. For every social assistance case where costs are foreseeable and the case is processed according to the law, the competent social assistance authority must submit a notice of support to the cantonal social office within 20 days from the decision.

1bis. If the costs are based on a measure ordered by a KESB decision pursuant to Article 35 Paragraph 4 of the law, the notice of support must include the KESB decision as well as the decision of the competent social assistance authority.

1ter. A notice of support concerning a person without a domicile of assistance according to Article 37 Paragraph 4 of the law must include the clarifications made regarding the jurisdiction over the residence or place of stay of the person to be supported.

2. If in the course of managing the case, additional aids are necessary, incurring extra expenditure of at least CHF 1,000.00 per quarter, a supplementary report to the cantonal social office is necessary.

3. If the provision of material assistance needs to be resumed after an interruption of at least one year, a new notification is required.

3bis. If the provision of material assistance to persons without a domicile of assistance according to Article 37 Paragraph 4 of the law lasts longer than 6 months or if there is a change in the place of stay, a new notification is required.

4. In cases of emergency support, the notification to the cantonal social office must take place within 10 days from the decision.

5. The negligent municipality must bear the damages arising from delayed notification.

1. If, pursuant to Article 37, paragraph 6 of the law, another municipality in Schaffhausen is obliged to reimburse social assistance benefits, the notification of support must be sent directly by the responsible social welfare authority to the municipality obligated to reimburse and to the cantonal social office within 20 days.

2. In the case of reimbursable measures, the responsible municipality shall decide.

1. The cantonal social welfare office receives notifications of support from other cantons, other states, and third parties, and after review, forwards them to the competent social assistance authorities.

2. If, during the review, it is determined that the notification of support was issued unjustly, the cantonal social welfare office files an objection or takes the appropriate legal action.

3. The affected municipalities may submit a written, substantiated response to the cantonal social welfare office within 15 days after receiving the notification of support.

1. The cantonal social welfare office transmits support notifications from the municipalities to other cantons, to the federal government, and to other states.

2. In the objection procedure against support notifications from Schaffhausen municipalities and correction requests related to the jurisdiction of a Schaffhausen municipality, the affected Schaffhausen municipality must be granted the right to be heard.

1. The social welfare authority maintains a register of social welfare cases.

2. For each individual case, a comprehensive case dossier must be maintained, including copies of all relevant documents, a case progress protocol, assistance plans, notes on important discussions, and the course of interventions.

3. Municipalities are obligated to retain records in accordance with the Municipal Archives Ordinance.

4. The electronic management of dossiers is governed by the provisions of the Municipal Archives Ordinance.

5. The cantonal social welfare office may issue supplementary instructions.

1. Social welfare authorities are required to submit statistical information about the social welfare cases they manage upon request from the federal or cantonal social office.

1. The eligible costs of social assistance are determined in accordance with the Schaffhausen Guidelines for the Assessment of Social Assistance and other cantonal directives.

2. The eligible costs for work and employment programs must be approved in advance by the cantonal social welfare office.

1. Municipalities settle their expenditures and revenues from material assistance with the cantonal social office on a quarterly basis. They submit their accounts within 30 days after the end of the quarter.

2. Exceptions are reserved for individuals from the asylum and refugee sector as defined by this regulation. The Department of the Interior shall issue the necessary directives.

3. If the accounts are submitted late or incomplete despite a reminder, the municipalities lose their right to cost reimbursement under Art. 35 et seq. of the law.

**1. The Cantonal Social Office Reviews and Manages Accounts**

The cantonal social office reviews the accounts submitted by municipalities, other cantons, federal agencies, and other states. It executes the payment transactions, manages the necessary bookkeeping, and provides the municipalities with the necessary information and accounts.

1. With the cost guarantee, the competent authority undertakes to cover the costs of necessary services, insofar as there is no other cost coverage available.

2. A subsidiary cost guarantee is granted when it is expected that the costs can be covered otherwise. In this case, the applicant is still obliged to strive for cost coverage.

1. Applications for cost approval must be submitted in advance to the social welfare authority at the residence where support is provided or at the place of stay.

2. They must specify any potential guarantors and include details on the necessity, type, scope, and duration of the services.

1. To the extent that this regulation or the guidelines do not contain special provisions, the provisions of public social assistance shall also apply to the support of persons from the asylum and refugee sector.

1. Persons in the field of asylum and refugee matters within the meaning of this ordinance are foreign nationals for whom the Canton of Schaffhausen receives federal contributions according to federal legislation.

2. The Confederation reimburses the Canton with federal contributions, particularly for

a) Asylum seekers

b) Provisionally admitted persons

c) Persons in need of protection with a residence permit

d) Refugees

e) Provisionally admitted refugees

1. The Cantonal Social Welfare Office determines the distribution of individuals from the asylum system to the individual municipalities based on the percentage of their population. Municipalities that, considering their population size, would need to accommodate fewer than two individuals from the asylum system are exempt from the obligation to receive them.

2. The Cantonal Social Welfare Office makes the final decision.

1. Municipalities that do not accept or are unable to accept the number of individuals from the asylum system as determined by the cantonal social office are, in principle, obliged to make substitute payments.

2. Special circumstances not caused by the municipality in question, which make it difficult to accept individuals from the asylum system, may be taken into account regarding the substitute payments.

1. Until the allocation of the asylum-seeking individuals assigned by the federal government to the municipalities, the canton shall assist and support the individuals from the asylum and refugee sector.

2. Upon allocation to the municipalities, the responsibility for the care of individuals from the asylum and refugee sector is transferred to the municipalities. In this case, the municipalities shall be compensated from the federal lump sum.

1. The cantonal social services office must account for the use of federal funds allocated for the area of asylum and refugee affairs according to commercial principles through separately maintained bookkeeping.

1. Social institutions within the meaning of Art. 40 of the Act are considered to be institutions that offer five or more places for a fee, with a residential structure and/or a day structure with care and counseling.

1. Facilities for Adults with Disabilities are defined as facilities where at least half of the services are utilized by disabled persons pursuant to Article 8 of the Federal Act on the General Part of Social Insurance Law (ATSG).

1. The sponsoring entity must meet the conditions according to Art. 42 of the law and be registered in the commercial register.

1. The operational management of an institution must possess a completed, federally recognized education in the healthcare or social sector, as well as appropriate knowledge in management and finance. The operational management and its qualifications may be distributed across multiple individuals.

2. Institutions must have a written operations and care concept that is regularly evaluated, as well as a quality management system.

3. The cantonal social office sets the requirements for quality and quality management, taking into account the framework guidelines according to the Intercantonal Agreement for Social Institutions (IVSE).

4. Institutions must meet the needs of the individuals in their care with respect to preserving their personality, privacy, dignity, appropriate autonomy, and participation.

1. Applications for operating permits must be submitted to the cantonal social office with all information necessary for assessment.

2. Facilities approved by the Department of the Interior are considered cantonal recognized facilities within the meaning of Article 4 of the Federal Act on Institutions for the Promotion of the Integration of Disabled Persons (IFEG).

1. The Department of the Interior has external oversight over the institution.

2. The cantonal social office regularly checks compliance with the approval requirements and other provisions. This is done based on the required documents and information, during annual supervisory visits, as well as visits prompted by specific events.

3. In a report, the governing body and the operational management are informed of the results. Following a hearing with the governing body and the operational management, the rectification of deficiencies can be ordered through a formal decision.

1. The sponsoring organization has internal oversight over the facility.

2. The facilities must grant staff of the cantonal social office or authorized persons access to all premises and insight into all documents at any time within the framework of the law and this regulation, as well as provide information on all operational matters.

3. The facilities report annually to the cantonal social office on the conditions specified for the operating license under Art. 43 of the law. These include, in particular

a) Relevant information regarding personnel status and changes in sponsorship, operational management, and staff

b) Implementation and results of internal supervision

c) Clients

d) Implementation of the operational concept, particularly regarding quality, pedagogy, and safety (audit report)

e) Situation and changes of the facilities and buildings

f) Financial situation and financial planning (annual report, consolidated financial statement, cost accounting, balance sheet)

4. Planned changes affecting the fundamentals of the approval procedure must be reported to the cantonal social office and submitted for approval. Extraordinary incidents must be reported to the cantonal social office immediately.

1. The Department of the Interior periodically determines the quantitative and qualitative needs for residential facilities and day structures within the framework of needs planning and, based on this, prepares the cantonal supply plan.

2. In determining needs and planning supply, the Department of the Interior takes into account, in an appropriate manner, the demonstrated needs of those affected, the cantonal and out-of-cantonal supply, the capabilities of the facilities, and the financial situation of the canton.

3. The Department of the Interior ensures coordination of the cantonal supply planning with the supply planning of the Cantons of Eastern Switzerland and the Canton of Zurich.

4. The facilities participate in the needs assessment and supply planning. In particular, they may apply annually for adjustments to the places for their residential and day structures.

1. The operational permit is a prerequisite for concluding a performance agreement as well as for the disbursement of operating contributions.

2. Institutions can be recognized as eligible for contributions under Article 7 of the IFEG, if they

a) are necessary to ensure an adequate offer within the framework of cantonal demand planning,

b) possess recognized instruments for quality assurance and provide proof of appropriate operational management.

1. Dormitories and Other Supervised Collective Housing Forms for People with Disabilities

Dormitories and other supervised collective housing forms for people with disabilities can be recognized as eligible residential facilities if they provide accommodation, meals, and constant internal care for people with disabilities 365 days a year for a fee, with the aim of social integration and appropriate care.

1. Work and employment facilities or other supervised work forms, as well as day centers, can be recognized as eligible stationary day structures if they regularly employ people with disabilities for at least 260 days a year.

2. Day structures without wages are facilities that, due to the disabilities of their clientele, generate no or only minimal contribution margins. The objectives are meaningful occupation and social integration.

3. Day structures with wages are facilities that generate a contribution margin. The objectives are the promotion of professional skills and/or integration into the primary labor market, as well as the economic performance of the facility. Day structures with wages pay people with disabilities a salary based on the facility's economic performance. The cantonal social office can issue guidelines regarding the wages of people with disabilities.

1. The Department of the Interior may conclude temporary service agreements with recognized institutions as defined in § 46 of this regulation or with their sponsors. These agreements regulate the fundamental cooperation including rights and obligations between the service provider and the service recipient.

2. The service agreements pertain to the individual service areas of residential and day structure.

3. The service agreements specify the target groups for whom the institutions offer tailored services. These services align with the cantonal service planning.

1. The institutions undertake to admit individuals with disabilities from the targeted groups within the framework of available resources and according to the care concept.

2. Before the admission of an individual with disabilities, they verify their eligibility for contributions in accordance with § 60 of this regulation.

3. They participate in the coordination of placements and subsequent placements upon discharges.

4. For individuals with disabilities from the Canton of Schaffhausen, the cantonal Social Welfare Office generally has the right to allocate placements within the framework of paragraph 1.

5. The institutions commit to budgeting, accounting, and financial reporting in accordance with cantonal guidelines.

**1. Non-performance of Agreed Services by the Service Provider**

If the agreed services are not provided by the service provider, they must promptly notify the cantonal social office and propose measures to improve the situation. If these measures are not implemented or no agreement is reached, the Department of the Interior may terminate the service agreement or take other appropriate measures by decree.

1. The canton may provide operational contributions to recognized institutions based on a performance agreement. The operational contributions are typically performance-related flat rates, which are agreed upon per unit of service and service area. These include

a) Service area Housing: Calendar days, maximum 12 months of 30 days each. Absences exceeding 30 consecutive days are not eligible.

b) Service area Daily Structure: Agreed upon quota, maximum 12 months of 21.66 days each. Absences exceeding the usual vacation days are not eligible. For multiple daily structures of the same person, a maximum employment rate of 100% is financed.

2. In the performance agreement, a contribution ceiling (maximum contribution) can be set for the operational contributions.

3. The operational contributions per unit of service are graded according to individual care needs (ICN). The classifications are made according to the guidelines of the cantonal social office and must be submitted as follows

a) Provisionally or definitively before admission with the change notification or the application for a cost coverage guarantee according to IVSE to the cantonal social office.

b) If necessary, definitively no later than 2 months after admission with the change notification or the renewed application for a cost coverage guarantee according to IVSE to the cantonal social office.

c) Annually by the end of October with the budget for the following year and by the end of May with the application for operational contributions.

d) If necessary, in the case of significant individual changes by the end of June.

e) At the order of the cantonal social office.

4. The cantonal social office is responsible for the review and approval of classifications according to the implementation provisions of the Department of the Interior. The classifications apply from the time of admission or from the half-year after submission of the application. Only services with approved classifications are eligible.

1. The performance-related flat rates are established in coordination with the benchmarking of the Eastern Swiss cantons and the Canton of Zurich.

2. The benchmarking is calculated based on the weighted average of the relevant performance group.

1. Upon submission of the budget, institutions can apply for an inflation adjustment when determining performance-based lump sums for the following year. The cantonal social office can approve this based on the salary development decided by the cantonal council.

1. Investments in the acquisition, expansion, and conversion of buildings, as well as in the equipment of recognized facilities in accordance with § 46 of this regulation, along with related capital interest and depreciation, as well as rents, are eligible for credit if they comply with the cantonal supply planning and the specifications of the Department of the Interior, are necessary for the approved operating concept, and cannot be financed otherwise.

2. Investments exceeding Fr. 50,000.00 and new rental agreements with an annual rent of Fr. 50,000.00 or more pursuant to paragraph 1 are subject to the reporting obligation with the budget of the respective fiscal year. The cantonal social office must be involved in the planning process, and the relevant directives must be followed.

3. The facilities must depreciate investments to the customary extent and according to cantonal guidelines. The portion financed by cantonal contributions and designated donations, as well as buildings and investments not recognized as eligible, are not accounted for depreciation.

4. If non-eligible investments or rents cause higher operating costs, these are to be financed by the sponsoring body.

1. The canton provides operational contributions for people with disabilities who have their main residence in the Canton of Schaffhausen, and for whom there is a legally binding decision from a cantonal disability insurance office concerning the degree of disability or disability pension.

2. The canton provides operational contributions to residential facilities in a home for people with disabilities with a degree of disability or a disability pension from 50% and who have a need for care.

3. The canton provides operational contributions to a day structure with or without wages up to a maximum of 100% for people with disabilities with a degree of disability or a disability pension from 50%.

4. The canton provides operational contributions to a day structure with or without wages up to a maximum of 50% for people with disabilities with a degree of disability or a disability pension from 25% to 49%.

5. The canton provides operational contributions to a day structure with wages for people with disabilities until they reach pension age according to the Federal Act on Old Age and Survivors Insurance. After reaching pension age, the canton assumes the operational contributions for an institution with a residential structure and/or a day structure without wages, provided that the people with disabilities were already cared for in the same institution previously.

6. Upon special application, the cantonal social office may grant operational contributions in individual cases for people with disabilities for whom a pension decision from a disability insurance office is expected within a maximum of one year. The Department of Internal Affairs regulates the contribution of those obliged to support in the case of minors.

1. Persons with disabilities who utilize the services of an institution contribute to the financing through the home fee set by the canton, any helplessness allowance according to the Federal Act on Disability Insurance, as well as any insurance benefits and benefits from third parties. The same rate shall be charged to all beneficiaries for the same service.

2. On days of absence, the payable home fee is reduced by CHF 20.00.

3. Persons with disabilities who utilize the services of an institution are obligated to collect the contributions from all liable parties.

4. Institutions for persons with disabilities contribute to the financing through production revenues and any other applicable revenues.

5. Donations are not considered applicable revenues. A regulation must be established for donations with specific purposes and funds, and proof of their use must be provided.

6. Costs not covered by contributions according to paragraphs 1 and 4 may be subsidiarily covered by the canton through operational contributions.

1. The facilities maintain a fluctuation fund designated as restricted fund capital in the balance sheet for each service area. These funds serve to annually balance the surpluses or deficits of income and expenses in the respective service area.

2. The facilities fully allocate any surpluses generated from residential services and day structures to the respective fluctuation fund until the following values are reached

a) For residential services, 10% of the eligible net expenditure.

b) For day structures, 100% of the net revenue. If the net revenue is less than 10% of the eligible net expenditure, 10% of the eligible net expenditure serves as the ceiling. If the net revenue exceeds 30% of the eligible net expenditure, 30% of the eligible net expenditure serves as the ceiling.

3. Once the ceiling of the respective fluctuation fund is reached, the surplus is offset against the operational contributions of the following year.

4. The facilities cover deficits incurred through residential services and day structures using funds from the respective fluctuation fund until this fluctuation fund has a shortfall, meaning it shows a negative balance.

5. If the respective shortfall of the fluctuation fund is reached, the deficits are covered by the facilities' own resources or by the sponsoring organizations.

6. If an overage or shortfall occurs twice consecutively, the cantonal social office reviews the performance-related lump sums. In case of a recurrent shortfall, the facility must undertake appropriate measures.

1. Financial reporting is conducted according to the guidelines of the cantonal social office. Institutions submit the application for operational contributions by the end of June of the following year in accordance with the cantonal guidelines.

2. The billing with supporting documents and data is reviewed by the cantonal social office and corrected if necessary after consultation with the institution. The specific contributions are granted by means of a decision.

3. If guidelines and deadlines are not adhered to, the contributions may be reduced.

4. The audit is conducted by an independent, professionally recognized audit firm. In doing so, the Federal Act on the Admission and Supervision of Auditors (RAG) must be complied with. Additionally, the audit firm checks and confirms the compliance of business practices with the cantonal guidelines.

5. Institutions may apply for advance payments on the operational contribution for the current year. These occur at the end of March and September and each amount to 45% of the anticipated operational contribution from the canton.

1. The canton may provide direct investment contributions to recognized institutions within the meaning of § 46 of this ordinance in accordance with Art. 50 of the Law.

2. To secure direct investment contributions, an application must be submitted to the cantonal social office according to the guidelines of the Department of the Interior.

3. During planning, budgeting, implementation, and accounting, the guidelines of the Department of the Interior must be followed. This particularly concerns

a) Project structure and cost estimation

b) Commencement of construction and project changes

c) Acceptance of construction and accounts

4. The cantonal social office may make advance payments on investment contributions.

5. The residential cantons of out-of-canton individuals in Schaffhausen institutions will be charged direct investment contributions through investment surcharges in accordance with IVSE.

1. The financial resources may only be used for the designated purpose.

2. If an establishment is dissolved, remaining operational contributions and the fluctuation fund must be reimbursed. Investment contributions must be reimbursed proportionately if the respective buildings and investments are used for another purpose, transferred to other ownership, or if the sponsoring organization is dissolved before the end of the prescribed depreciation period after the final payment.

3. The Department of the Interior may grant temporary exemptions to the financing requirements upon a justified request.

1. The canton may co-finance care provided outside of a facility with a service contract if such care better meets the needs of a person with disabilities due to their particular situation and is not more expensive than care in a facility with a service contract.

2. The person concerned is required to contribute to the costs within their means.

3. The cantonal social welfare office decides on the financing on a case-by-case basis and may impose conditions.

1. An application for the approval of other social institutions must be submitted to the cantonal social office. Approval will only be granted if the infrastructure is adequate for the intended use and a care and operational plan is in place.

2. Approval may be revoked at any time after prior notification of a deficiency and after a reasonable period has been allowed for the rectification of the deficiency. The affected institution must be given a hearing before the revocation.

1. For the assurance of an investment contribution, an application must be submitted to the cantonal social office. The cantonal social office may require additional information about the project.

2. The costs are eligible insofar as they relate to places for persons from the Canton of Schaffhausen, and the investments are appropriate and necessary.

1. The cantonal social welfare office shall carry out all tasks in accordance with the Inter-Cantonal Agreement on Social Institutions (IVSE), insofar as no deviating regulations are stipulated within the framework of this ordinance or other enactments. These include, in particular, the tasks of the liaison office pursuant to Art. 10 IVSE.

1. The Cantonal Social Services Office as the IVSE liaison point arranges for the inclusion of an institution on the list of institutions pursuant to Art. 31 IVSE for Areas A, B, C, and D.

2. In Areas A, B, and C, it evaluates, as a specialized office, the conditions for inclusion on the list concerning care, accommodation, quality, and finances in accordance with the IVSE provisions. In Areas A (Residential Institutions for Special Education) and D, the Department of Education is responsible. The institutions submit the necessary documents and information for this purpose.

3. An institution can be removed from the list if the institution requests it or if the conditions are no longer met.

1. The cantonal social office, as the specialist authority in areas A, B, and C, annually establishes the IVSE rates for remuneration of services in accordance with Art. 20 et seq. IVSE. For this purpose, institutions are required to submit the necessary documents before being added to the list or annually by October 31 of the previous year. In areas A (residential special education institutions) and D, the Department of Education is responsible.

2. The cantonal social office, as the IVSE liaison office, facilitates the communication of the rates for areas A, B, C, and D according to the guidelines of the IVSE.

1. The receiving facility typically submits the application for a cost coverage guarantee to the cantonal liaison office before the accommodation. The cantonal social welfare office serves as the liaison office for cost coverage guarantees according to IVSE in areas A, B, C, and D.

2. In areas A, B, and C, the cantonal social welfare office, as the specialized office, examines the completeness and accuracy of the application. In areas A (Residential Facilities for Special Education) and D, the Department of Education is responsible.

3. Upon a positive decision, the cantonal social welfare office issues the cost coverage guarantee in accordance with Art. 19 IVSE. It determines the entitlement, responsibility, and payment obligation of the cost bearers.

1. If there is demonstrably no appropriate place available for individuals with disabilities whose primary residence is in the Canton of Schaffhausen within the Canton of Schaffhausen, a placement in an out-of-canton facility may be arranged.

2. For this purpose, the out-of-canton facility must submit an application for Cost Coverage Guarantee B according to IVSE to the IVSE liaison office of the location canton. The location canton is responsible for the accuracy of the information.

3. Upon receipt of the application for cost coverage guarantee, the cantonal social office will review the eligibility and responsibility and may obtain further information.

4. The canton contributes to the costs in accordance with Art. 7 IFEG and IVSE. Cantonal funding is provided subsidiarily only for individuals with disabilities whose costs are not covered by other liable parties. All beneficiaries are charged the same net cost rate plus any possible investment surcharge.

5. In exceptional cases, the cantonal social office may approve placements in facilities not listed according to Art. 31 IVSE. The financing is applied accordingly.

1. Facilities in Schaffhausen, which are listed according to Article 31 of the IVSE, can accommodate individuals with disabilities who have their primary residence in another canton.

2. Individuals with disabilities who are admitted will be charged the recognized IVSE net cost flat rate plus any potential investment surcharges; investment surcharges are to be reimbursed to the Canton of Schaffhausen. The residential canton is responsible for financing.

3. Revenue losses due to lack of cost coverage guarantees must be financed from the sponsoring body's organizational capital.

4. Facilities in Schaffhausen that are not listed according to Article 31 of the IVSE may also apply to the cantonal social office for the placement of individuals with disabilities from outside the canton.

1. In disputes between an institution and a person utilizing its services, the parties must first pursue the internal, operational procedures of the institution as well as those through the internal supervision of the sponsoring body.

2. If no agreement is reached, a request can be submitted to the Department of the Interior to designate an ombuds office in accordance with Art. 10 para. 2 lit. f IFEG. The request must identify the involved parties, the matter in dispute, and the course of the proceedings thus far.

1. Institutions whose values exceed the benchmarks according to § 57 of this regulation at the time this regulation comes into effect must achieve these benchmarks incrementally within five years at the latest.

1. Public social assistance benefits, based on a measure ordered by a KESB decision pursuant to Art. 35 para. 4 of the law, shall be included in the calculations pursuant to Art. 38 para. 2 of the law from the date of entry into force of this provision.

2. The competent social assistance authority shall submit a support notification to the cantonal social office within 60 days from the date of entry into force, attaching the KESB decision and the decision of the competent social assistance authority.

1. The Social Assistance Ordinance of November 27, 2007, is repealed.

1. This regulation shall enter into force on January 1, 2014.

2. It is to be published in the Official Gazette and included in the cantonal legislative collection.