Supplementary Benefits Act (SBA) (ZLG)

25 1 Types of benefits

In accordance with the provisions of the Confederation on supplementary

benefits to old-age, survivors' and invalidity insurance and on the basis of this

Act, supplementary benefits are paid. These consist of

a. Supplementary benefits in accordance with the ELG, consisting of an

annual supplementary benefit and reimbursement of sickness and

disability costs,

b. Allowances,

c. Subsidies.

2 Supplementary benefits take precedence over allowances and subsidies.

Here is the English translation of the provided legal text

**14 Relationship to European Provisions**

For persons referred to in Article 2 of Regulation (EEC) No 1408/71 and with regard to the European benefits provided for in Article 4 of that Regulation, insofar as they fall within the scope of this Act, the following also apply

a. the Agreement of 21 June 1999 between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other part, on the Free Movement of Persons, its Annex II and Regulation (EEC) No 1408/71 and No 574/72, as adapted;

b. the Agreement of 21 June 2001 amending the Convention establishing the European Free Trade Association10, its Annex O and Appendix 2 to Annex O, and Regulations No 1408/71 and No 574/72, as adapted.

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1

831.3

Supplementary Benefits Act (SBA)

Implementation

15 Implementation is the responsibility of the political communes and

takes place independently of social assistance.

Information

32. The municipalities, the Social Security Institution (SVA), and

the specialized bodies provide information on the conditions for receiving

supplementary benefits.

Implementing

and Supervisory

Bodies

Reporting,

Accounting,

and Notifications

Affiliation

Agreement

Second Section: Organization

A. Implementation by the Municipalities17

1 The municipality designates the administrative office or a commission entrusted with the implementation, as well as the authority responsible for exercising general supervision. The execution of supplementary benefits for surviving dependants can be transferred to special bodies.

2 The competent directorate of the Cantonal Council exercises state supervision. The Cantonal Council has the supreme supervision.

22

13

19

1 Reporting and Accountability

1 The communes must report annually to the Government Council on the implementation [of the provisions] and render accounts.

2 The competent directorate of the Government Council may additionally request special statistical and accounting information. Furthermore, it is authorized to demand the necessary information about recipients for collaboration with the federal central pension register.

**B. Delegation of Tasks to the Social Security Institution**

17 1 The political communes can fulfill the tasks according to

Abs. 2 transferred to the SVA32 by means of an affiliation agreement.

2 In the affiliation agreement, the transfer of tasks can be limited to individual types of benefits according to this law or extended to all tasks according to Art. 7b para. 1.

2

Supplementary Benefits Act (SBA)

831.3

1. The cost share according to § 34 and the administrative cost financing share according to § 33 para. 2 shall be paid to the affiliated municipality.32

2. The affiliated municipality shall provide the SVA32 with cost-covering pre-financing for the additional services expected to be rendered and for the administrative costs.17

3. If a municipality fails to provide the pre-financing for the additional services or administrative costs in a timely manner, the Canton shall advance the corresponding payments. The claims of the SVA32 against the municipality shall be transferred to the Canton.17

4. If the municipality's pre-financing is outstanding for more than three consecutive months, the responsibilities transferred to the SVA32 by the affiliation agreement shall revert to the municipality.17

17 The Audit Body of the SVA32 also examines the fulfillment of those auditing

tasks that the Institution has assumed based on affiliation agreements.

Part Three: Provisions concerning the individual types of benefits

A. Supplementary Benefits

39, 26 1 Benefits under § 9 lit. b of the Act on Self-Determined Benefit in Relation to the

Receipt of Benefits by Persons with Disabilities of SLBG

February 28, 2022 (SLBG)² take precedence over benefits for assistance and care

under Art. 14 ELG.

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3

831.3

Supplementary Benefits Act (ZLG)

Illness and

Disability

Costs

Rates for

Home or

Hospital Stay

Coordination

with Health

Insurance

2 The individual needs assessment under §§ 12 and 13 SLBG

is binding for benefits for assistance and care under Art. 14 ELG.

25 1 The reimbursement of sickness and disability costs

under Art. 14 ELG is limited to economical and appropriate

service provision.

2 The rates under Art. 14 para. 3–5 ELG are considered maximum amounts.

3 The Ordinance of the Government Council specifies the details.

26

25 1** The competent Directorate of the Government Council may limit the

creditable costs for homes and hospitals according to Art. 10 para. 2 lit. a ELG.

In doing so, it shall be guided by the specifications for tariff setting for institutions

that are co-financed by the canton.

**2** For personal expenses according to Art. 10 para. 2 lit. b ELG, a maximum of one third

of the amount for general living costs for single persons according to Art. 10 para. 1 lit. a no. 1 ELG shall be recognized.

**3** The asset depletion for persons in homes and hospitals according to Art. 11 para. 1 lit. c

and para. 2 ELG amounts to one fifth for old-age pensioners and one fifteenth for other persons.

36 1 The SVA pays the following amounts for each person included in the calculation of needs pursuant to Articles 9–11a ELG

a. the amount pursuant to Article 9 para. 1 ELG, if the calculation of needs results in an entitlement to an annual supplementary benefit that corresponds to or is less than the amount pursuant to Article 9 para. 1 ELG,

b. an amount up to the amount for mandatory health insurance pursuant to Article 10 para. 3 lit. d ELG, if the calculation of needs results in an entitlement to an annual supplementary benefit that exceeds the amount pursuant to Article 9 para. 1 ELG.

2 If the entitlement determined in the calculation of needs exceeds the maximum amount paid out by the SVA pursuant to paragraph 1 lit. b, the implementing agency pays out the difference as a supplementary benefit.

4

Supplementary Benefits Act (ZLG)

B. Assistance

831.3

1 Eligibility for Aid

1 The provision of aid requires that the person entitled to supplementary benefits in accordance with Articles 4-6 of the Federal Act on Supplementary Benefits (ELG) fulfills the conditions and has resided in the canton for a minimum period during the last 25 years prior to the application. This period is ten years for persons with Swiss citizenship and 15 years for others.

2 The domicile in the canton must not have been relinquished during the last two years prior to the provision of the aid; exceptions are made for former recipients who return to the canton.

3 The following periods are credited towards the calculation of the qualifying period

a. for the surviving spouse, the period of residence of the deceased spouse;

b. for the surviving registered partner, the period of residence of the deceased partner;

c. for an orphan, the period of residence of their mother or father.

4 There is no entitlement to aid if the net assets, as determined in accordance with the ELG, exceed the following amounts

a. CHF 37,500 for single persons;

b. CHF 60,000 for married couples;

c. CHF 15,000 for orphans entitled to a pension and for children who are entitled to a child's pension from the OASI or DI.

16

25 Applicable Provisions for the Annual Supplementary Benefit

The provisions of Articles 9 et seq. of the ELG concerning the annual supplementary benefit apply by analogy, unless the provisions of the ELG stipulate otherwise for the assistance.

1. The maximum annual entitlement to supplementary benefits is CHF 2420 for single persons and CHF 3630 for married couples and couples in a registered partnership. For minor orphans and children, it is CHF 1210. For adult orphans and children, it is CHF 2420.30

2. The Government Council may, at the time of an adjustment of federal supplementary benefits, adapt the maximum amount of supplementary benefits to price developments. The decisive factor is the national consumer price index.

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831.3

Supplementary Benefits Act (SBA)

Calculation

of supplementary benefits

Lack of

need

Repayment

15 1 For the calculation of the subsidy, the needs assessment for the annual supplementary benefit shall be used, whereby

a. the supplementary benefits actually paid out shall be treated as creditable income;

b. the amount for general living expenses for persons living at home shall be increased by the maximum amount of the subsidy.

2 For persons permanently or for a longer period living in a home or hospital, a deficit in the needs assessment not covered by the annual supplementary benefit shall be covered up to the maximum amount of the subsidy.

33

32 Assistance may be reduced or refused to the extent that it is not required for maintenance.

6

Zusatzleistungsgesetz (ZLG)

831.3

23 1 Legally obtained benefits must generally be refunded,

a. if current or former recipients have become financially well-off,

b. from the estate of a person who is currently or was formerly a

recipient of benefits. If spouses, registered partners, children, or

parents are heirs, the refund is only to be made from the portion

of the estate that exceeds the amount of 25,000 Swiss francs.

2 The estate also includes donations made during the lifetime of the

decedent to future heirs and legatees, provided that the donations

occurred within five years prior to death and there was no legal

obligation for them, nor was adequate consideration provided. If

the inheritance does not cover the refund claim, the beneficiaries are

liable for the refund up to the amount of the donations made to them.

3 In the case of spouses and registered partners, a refund obligation

only arises from the estate of the second spouse or partner to die,

provided that the conditions according to para. 1 are still met at that

time.

4 Refund claims become time-barred after five years from the date

the implementing body became aware of their existence, but in any

case, after ten years from the last benefit payment.

5 Illegally obtained benefits must be refunded. Article 25 paras. 1

and 2 of the Federal Act of 6 October 2000 on the General Part

of Social Insurance Law (ATSG) and Articles 2–5 of the Ordinance

of 11 September 2002 on the General Part of Social Insurance Law

apply mutatis mutandis.

C. Subsidies 24

1 For persons permanently or for an extended period residing in a home or hospital pursuant to the Federal Act on Supplementary Benefits (ELG) and whose supplementary benefits and assistance are insufficient, the unmet need shall be covered by subsidies, provided that the asset exemptions under Art. 11 para. 1 lit. c and Art. 11 para. 1bis ELG are not exceeded.29

2 The Ordinance of the Government Council shall regulate the details, in particular the waiting period and the crediting of assets as well as asset and income divestments. The municipalities and the specialist association for supplementary benefits shall be consulted in advance.

3 §§ 15, 19, 22, 33 para. 2 and 38 of this Act concerning assistance shall also apply to subsidies.

D. Additional Old-Age, Survivors' and Invalidity Assistance from Municipalities 25

1 Municipalities can grant municipal subsidies to benefits that are not to be counted as income.

2 No contributions within the meaning of § 34 are granted to municipal subsidies.25

own

benefits

36 Insofar as nothing to the contrary is applicable to the municipal subsidies, the general procedural provisions of the ATSG (Art. 27–61 ATSG) apply to them.

Section Four: Payment of supplementary benefits

1 Supplementary benefits are to be granted by the municipality in which the applicant has their civil law domicile.

2 Residence in a home, hospital, or other institution, and the official placement of an adult in family care, do not establish a new jurisdiction.30

3 22, 26

Jurisdiction32

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831.3 Supplementary Benefits Act (SBA)

Amount for compulsory

health insurance

a. Tasks of the implementing bodies

b. Tasks of the SVA

Payment

36 1 The implementing bodies shall report to the SVA the information

**that, according to the directives of the competent Directorate of the Government Council, is**

**necessary for the payment of the amount for compulsory health insurance.**

**This includes, in addition to the information according to federal law, in particular:**

**a. at least monthly, the entitlement of each person included in the needs assessment**

**according to Art. 21a ELG,**

**b. at least annually, the total number of entitled persons.**

**2 The SVA may require the electronic transmission of data in a**

**uniform format. The competent Directorate of the Government Council**

**shall regulate the details. It shall consult the municipalities, the professional association**

**for supplementary benefits, and the SVA beforehand.**

**3 The implementing bodies**

**a. shall provide the SVA with the information necessary for payment according to**

36 1 The SVA performs the following tasks

a. the payment of the amount according to Art. 21a ELG to the health insurers,

b. the collection of unlawfully paid out contributions,

c. the offsetting between the amounts according to Art. 21a ELG and the individual premium reductions paid out.

2 It provides the implementing bodies with information on

a. the persons for whom it has paid out amounts for compulsory health insurance, as well as the amount of these amounts,

b. the actual premiums, as soon as they have been communicated to it by the health insurers.

3 It may set up an electronic query facility for the provision of information.

4 The Canton compensates the SVA for the administrative expenses incurred in connection with the payment of amounts for compulsory health insurance and the collection of unlawfully paid out contributions. The competent Directorate of the Government Council determines the amount.

1 Supplementary benefits and allowances are to be paid out simultaneously.

8

Additional Benefits Act (ZLG)

831.3

2 The competent municipality or, in the case of an affiliation agreement pursuant to § 7a, the SVA32 shall pay out the additional benefits in monthly instalments of the annual amount.18

3 For the rest, the payment of additional benefits is governed by the federal law on supplementary benefits.14

15 1 Securing and Guaranteeing Supplementary Benefits Securing and

and their payment to third parties is governed by federal supplementary benefit law.

2 Supplementary benefits may not be offset against taxes or public charges.

3 In special cases, the implementing bodies of the municipalities may use the supplementary benefits themselves to satisfy urgent living needs of the entitled person.

Appropriate Use

Fifth Section: Procedure

21 The application for the payment of assistance requires that an application for supplementary benefits be submitted simultaneously.

§§ 25-27.22

21 Rulings and objection decisions regarding refund orders, which are enforceable pursuant to Art. 54 AT-Enforceability

SGA, are equivalent to enforceable court judgments within the meaning of Art. 80 para. 2 no. 3 Debt of refund

Enforcement and Bankruptcy Act (DEBA). orders

25 1 The competent Directorate of the Government Council may issue further

provisions, particularly regarding

a. the procedure for determining, paying, and reclaiming supplementary

benefits;

b. the accounting and auditing of implementing bodies, in addition to

federal provisions;

c. the allocation of administrative costs according to § 33 para. 2.

2 It shall consult the municipalities and the professional association for

supplementary benefits beforehand.

Provisions

Sixth Section: Legal Remedies

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9

831.3

13

22

Supplementary Benefits Act (SBA)

Seventh Part: Financing

Bearing of Costs

in general

Contributions from the

Canton

1. **Granting of Supplementary Benefits**

The communes shall grant supplementary benefits from general funds or from special funds designated for this purpose.

2. **Administrative Costs**

The communes shall bear their own administrative costs. The Canton shall reimburse the communes at least two-thirds of its share of the administrative costs in accordance with Art. 24 ELG.

3. **Reductions in Federal Contributions**

The communes shall bear the reductions in the federal contribution to administrative costs caused by them in accordance with Art. 24 para. 2 ELG. The Government Council shall regulate the details.

37 1 The Canton provides the municipalities with a cost share of

70% of the creditable portion of the supplementary benefits paid out by them.

supplementary benefits paid out by them. Creditable are a maximum of 125% of the average

gross costs per capita of the total population.

2 The Canton reduces or refuses the cost share for supplementary

benefits that were paid out in violation of regulations or were not correctly

accounted for to the Canton.38

3 If the execution or accounting to the Canton is not carried out

in a timely manner, the Canton may withhold the cost share until the defects

are remedied and, after an unsuccessful reminder, refuse it.38

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12

Offenses

and Penalties

a. Supplementary

Benefits

Section Eight: Penal Provisions

The punishment of violations against the provisions

on supplementary benefits is governed by the Federal Act

on Supplementary Benefits to the Old Age, Survivors' and Invalidity

Insurance of 19 March 19658.

10

Supplementary Benefits Act (SBA)

831.3

1. Whoever intentionally obtains or attempts to obtain unlawfully for themselves or another person a subsidy by means of untrue or incomplete information or in any other manner, or whoever intentionally continues to receive a subsidy unlawfully by failing to report a change, shall be punished with a fine up to 500 Swiss Francs, unless a crime or misdemeanour punishable by a higher penalty under the Swiss Criminal Code exists.

2. Whoever is obliged to provide information and intentionally refuses to provide information to an enforcement body shall be punished with a fine up to 200 Swiss Francs.

3. In case of a breach of the duty of confidentiality, the competent Directorate of the Government Council shall impose a disciplinary penalty.

1. **Reporting of Wrongdoers by Municipal Organs to the Competent Criminal Prosecution Directorate of the Government Council.**

Municipal organs report wrongdoers to the competent Criminal Prosecution Directorate of the Government Council.

2. **Decision on Filing a Criminal Complaint.**

This directorate decides on the filing of a criminal complaint, if necessary after conducting an investigation.

1 For the prosecution and assessment of contraventions within their jurisdiction

the Regulations of the Federation and this Law, the District Governor's and Administrative

offices are responsible. 28

Prosecution

Statute of Limitations for

2 The prosecution of contraventions within the meaning of § 38 para. 1 and 2 Contraventions

is subject to a one-year statute of limitations.

Ninth Section: Transitional and Final Provisions

The competent directorate of the Cantonal Government issues the necessary instructions.

Cantonal instructions on federal regulations

1. **Adaptation**

Should federal regulations concerning supplementary benefits be amended or supplemented, the Government Council is authorized to establish regulations for supplementary benefits that deviate from this law, effective from the date set by the Federation and in adaptation to the amended federal law.

2. Should the Federation issue special provisions regarding the granting of additional supplementary benefits, the payment of which is at the discretion of the cantons, the Government Council may decide on such an additional benefit in accordance with federal provisions and make corresponding regulations for assistance payments.

3. In any case, adaptations to federal law occurring by operation of law in accordance with §§ 9 to 11 remain reserved.

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831.3

Supplementary Benefits Act (SBA)

1. Persons who do not receive a pension from the federal old-age insurance and who, at the time of the entry into force of this Act, are receiving old-age assistance, shall continue to be entitled to old-age assistance, provided and for as long as the other eligibility requirements are met.

2. If, for persons who are receiving assistance at the time of the entry into force of this Act, the sum of claims to pensions from the federal old-age, survivors' and disability insurance under the Federal Act on an Increase in Pensions of Old-Age, Survivors' and Disability Insurance of 24 September 1970 and the supplementary benefits under cantonal law determined in accordance with this Act is less than the sum of supplementary benefits under cantonal law and pensions of the old order, the difference shall be granted as assistance, provided and for as long as their personal or economic circumstances do not lead to a change in their entitlement to benefits.

Through this Act, the Federal Act on Supplementary Benefits to the Old-Age, Survivors' and Invalidity Insurance of June 1, 1969, and the implementing provisions based thereon, are repealed.

This Act shall enter into force, provided it is adopted by the

voters, after the Cantonal Council's resolution on the confirmation, on the

day following the official publication of the Confederation's approval of the

provisions concerning supplementary benefits¹¹, with effect from

January 1, 1971.

Transitional Provisions for the Amendment of January 8, 2007

(OS 62, 350)

The jurisdiction for the assessment of appeal proceedings pending

at the time of entry into force shall be determined by the previous

law. Otherwise, the new law shall apply to pending proceedings.

12

Supplementary Benefits Act (SBA)

831.3

Transitional Provision for the Amendment of September 14, 2020

(OS 75, 536)

For recipients of supplementary benefits for whom, during the

three-year transitional period according to the transitional provisions for the

amendment of March 22, 2019, of the Federal Act on Supplementary

Benefits (ELG), the previous federal law applies, the minimum entitlement

to supplementary benefits during the transitional period shall correspond to

the amount pursuant to Art. 10 para. 3 lit. d ELG in the version applicable

until the entry into force of the amendment of March 22, 2019. The

implementing agencies shall report the monthly flat rate for mandatory health

insurance for these persons to the SVA during the transitional period.

1 OS 44, 5 and GS VI, 330.

2 LS 831.5.

3 SR 281.1.

4 SR 311.0.

5 SR 830.1.

6 SR 830.11.

7 SR 831.3.

8 SR 831.30.

9 SR 0.142.112.681.

10 SR 0.632.31.

11 Approved by the Federal Department of Home Affairs.

12 Repealed by the State Contributions Act of April 1, 1990 (OS 51, 77). In force

since January 1, 1991 (OS 51, 350).

13 Repealed by the Act on the Social Insurance Court of March 7, 1993

(OS 52, 420). In force since January 1, 1995 (OS 53, 34).

14 Inserted by Act of July 7, 2003 (OS 58, 239). In force since January 1, 2004

(OS 58, 267).

15 Version pursuant to Act of July 7, 2003 (OS 58, 239). In force since January 1,

2004 (OS 58, 267).

16 Repealed by Act of July 7, 2003 (OS 58, 239). In force since January 1, 2004

(OS 58, 267).

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831.3

Supplementary Benefits Act (SBA)

17 Inserted by Act of November 29, 2004 (OS 60, 82). In force since April 1,

2005.

18 Version pursuant to Act of November 29, 2004 (OS 60, 82). In force since

April 1, 2005.

19 Repealed by Act of November 29, 2004 (OS 60, 82). In force since April 1,

2005.

20 Inserted by Act on the Adaptation of Cantonal Law to the Federal Act on the

General Part of Social Insurance Law of January 8, 2007 (OS 62, 350; ABI

2006, 836). In force since January 1, 2008.

21 Version pursuant to Act on the Adaptation of Cantonal Law to the Federal Act

on the General Part of Social Insurance Law of January 8, 2007 (OS 62, 350;

ABI 2006, 836). In force since January 1, 2008.

22 Repealed by Act on the Adaptation of Cantonal Law to the Federal Act on the

General Part of Social Insurance Law of January 8, 2007 (OS 62, 350; ABI

2006, 836). In force since January 1, 2008.

23 Version pursuant to Act on the Adaptation of Cantonal Law to the Federal

Partnership Act of July 9, 2007 (OS 62, 429; ABI 2006, 1703). In force since

January 1, 2008.

24 Inserted by Act of October 1, 2007 (OS 62, 575; ABI 2007, 898). In force since

January 1, 2008.

25 Version pursuant to Act of October 1, 2007 (OS 62, 575; ABI 2007, 898). In

force since January 1, 2008.

26 Repealed by Act of October 1, 2007 (OS 62, 575; ABI 2007, 898). In force since

January 1, 2008.

27 Repealed by Act of October 1, 2007; Correction (OS 63, 62; ABI 2007, 898).

In force since January 1, 2008.

28 Version pursuant to Act on the Adaptation of Cantonal Authority Organization

and Cantonal Procedural Law in Civil and Criminal Matters to the New Federal

Procedural Acts of May 10, 2010 (OS 65, 520; ABI2009, 1489). In force since

January 1, 2011.

29 Version pursuant to the Care Act of September 27, 2010 (OS 65, 613; ABI 2010,

918). In force since January 1, 2011.

30 Version pursuant to the Introductory Act to Child and Adult Protection Law of

June 25, 2012 (OS 67, 443; ABI 2011, 2567). In force since January 1, 2013.

31 Inserted by Act of January 14, 2013 (OS 68, 487; ABI 2012, 520). In force since

January 1, 2014.

32 Version pursuant to Act of January 14, 2013 (OS 68, 487; ABI 2012, 520). In

force since January 1, 2014.

33 Repealed by Act of January 14, 2013 (OS 68, 487; ABI 2012, 520). In force since

January 1, 2014.

34 Inserted by Act of April 3, 2017 (OS 72, 433; ABI 2016-07-08). In force since

January 1, 2018.

35 Inserted by Act of September 14, 2020 (OS 75, 536; ABI 2020-04-09). In force

since January 1, 2021.

36 Version pursuant to Act of September 14, 2020 (OS 75, 536; ABI 2020-04-09).

In force since January 1, 2021.

14

Supplementary Benefits Act (SBA)

831.3

37 Version pursuant to Act of October 28, 2019 (OS 76, 226; ABI 2019-05-03). In

force since January 1, 2022.

38 Version pursuant to Correction of May 25, 2022 (OS 77, 246). In force since

January 1, 2022.

39 Inserted by the Self-Determination Act of February 28, 2022 (OS 78, 81; ABI

2021-04-09). In force since January 1, 2024.

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