142.21
LARA
CH-VD
CH-VD
Art. 24 Act on Aid to Asylum Seekers and Certain Categories of Foreigners (LARA) - Restitution
Title III, Chapter I
Art. 24 LARA - Restitution · Restitution
1. Unduly Provided Assistance to Asylum Seekers Must Be Reimbursed.
2. Reimbursement cannot be demanded if the asylum seeker acted in good faith and if it would place them in a financially difficult situation.
3. When it is determined that benefits have been unduly provided, the institution sets the amount to be reimbursed and claims it from the concerned individual through a formal decision.
4. The enforceable decision of the institution is equivalent to an enforceable judgment within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy [I].
Court Decisions Applying This Provision (5)
PS.2018.0035 · vd (art. 24 LARA)
Appeal against Restitution of Social Assistance Benefits Dismissed
The rejection of the appeal confirms the administrative decision regarding the restitution of unduly received benefits, which is based on this article.
PS.2017.0019 · vd (Art. 24 LARA)
Refugee Childcare Reimbursement Dispute Over Past Overpayment Recovery
Basis for determining that the previously granted aid was unduly provided and must be restituted, which justified upholding the administrative decision.
PS.2015.0112 · vd (art. 24 LARA al. 1 et 3)
Appeal Concerning Fictitious Separation and Recalculation of Undue Social Assistance
The court confirmed the right of the EVAM to issue corrective assistance decisions and claims for restitution of unduly received benefits, which formed the basis of the annulled decisions.
PS.2012.0031 · vd (art. 24 LARA)
Asylum Seeker Social Assistance Restitution Appeal
Used to determine that restitution of undue assistance is not required if the recipient was in good faith and restitution would cause financial hardship, which the court established regarding the period of June 1st to 27th, 2011.
ML.2010.244 · vd (Art. 24 al. 2 LARA)
Migrant Reception Entity v. Asylum Seeker Regarding Restitution Debt Validity
This provision was cited in the reasoning for rejecting the provisional lifting of the opposition, as the creditor failed to establish the condition regarding the possibility of putting the debtor in financial difficulty.