Social Welfare Act (SWA) (SHG)

1 The political municipalities, within the scope of this bearer of assistance

Act, ensure the necessary assistance for persons in a state of need.

2 They contribute through preventive measures to ensuring that fewer

situations of need arise and that persons who have fallen into a situation

of need can overcome it.

3 The Canton supports the municipalities in their task. It supervises

homes for adults requiring care and promotes the further development

of social welfare.

1 The assistance is guided by the particularities and needs of the individual case and the local circumstances.

a. Individual

Principles

2 It takes into account other statutory benefits as well as the benefits of third parties and social institutions.

and supplementary

assistance

1 The implementation of assistance shall take place in cooperation with b. Cooperation

the person seeking assistance.

2 Self-help is to be promoted.

of the person

seeking assistance

19 1 The Canton and municipalities promote the integration of persons c. Promotion of

seeking assistance into society and the world of work.

2 The municipalities enable persons seeking assistance to participate in

suitable education or employment measures, if this is necessary

in the individual case and there is no entitlement to other statutory

integration measures.

3 They may, exceptionally, pay employers training subsidies for a

limited period, thereby facilitating access to the labour market for

persons seeking assistance.

Integration

19 1 Municipalities may require recipients of social assistance to provide counter-

services in return for social assistance which, where possible, serve to integrate the recipients into society.

2 As a rule, they determine the counter-services together with the social assistance benefits in special agreements.

3 When assessing and structuring social assistance, they appropriately take into account work and other counter-services.

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851.1

Social Assistance Act (SAA)

d. Counter-

services

e. Interinstitutional

collaboration

19 1 To promote the integration and financial independence of those seeking assistance, social welfare agencies collaborate with other service providers. These include, in particular, the organs of unemployment insurance, invalidity insurance, and vocational guidance, as well as private organizations.

2 Wherever possible, service providers harmonize their offerings of integration measures and make them mutually available.

3 The Canton promotes inter-institutional cooperation. It may issue recommendations regarding this.

f. Commencement of assistance20

1 Aid must be provided in a timely manner.

2 It is rendered preventively if a threatening emergency can thereby be wholly or partly averted.

g. Combating causes 20

The causes of an emergency situation must be determined and, where possible, eliminated.

Asylum Welfare

a. Competence

1 Aid for asylum seekers, temporarily admitted persons

and persons in need of protection without a residence permit (hereinafter asylum

seekers) is governed by special provisions.29

2 The Government Council shall issue an asylum welfare ordinance. In it,

it shall regulate for asylum seekers, in particular, the competence and pro-

cedure, placement, accommodation and care, health

care, education and employment, the determination,

payment, accounting, and reimbursement of services from

the Canton and third parties in the asylum sector, access to the labour market,

as well as return. In particular, it may be provided that newly

assigned asylum seekers shall initially be accommodated by the Canton in a transit

centre and only thereafter allocated to a municipality.

b. Calculation

and Structure

of Aid

15 1 The amount and type of welfare benefits for asylum seekers are

determined by cantonal provisions. They are determined by the

status and conduct of a person in the asylum procedure.

2 The competent authorities may reduce welfare benefits to a

minimum if the beneficiary person fails to comply or inadequately complies with

their duty to cooperate with the authorities responsible for the asylum procedure and welfare.

3 The type and duration of accommodation and care, as well as access

to the labor market, depend on the stage of the procedure or

the person's asylum law status.

Social Welfare Act (SWA)

851.1

19 1 Foreign nationals who are unlawfully present in Switzerland

**and cannot be compelled to leave are only entitled to support**

**within the framework of the right to assistance in emergency situations.**

**2 The Canton bears the costs of such emergency assistance.**

**3 The Government Council shall issue provisions regarding the nature and extent**

**of emergency assistance, as well as the responsibilities and procedure.**

30

24

1 Subject to contrary provisions of federal law, the following persons are excluded from ordinary social assistance

a. Tourists domiciled or resident abroad,

b. Persons with a short-stay permit,

c. Jobseekers according to Art. 2 para. 1 Annex I to the Agreement of 21 June 1999 between the Swiss Confederation, on the one hand, and the European Community and its Member States, on the other, on the Free Movement of Persons (FMPA) and Art. 2 para. 1 Annex K Appendix 1 to the Convention of 4 January 1960 establishing the European Free Trade Association (EFTA Convention)9.

2 The welfare authority provides emergency assistance within the meaning of Art. 12 Cst.4. If repatriation is medically possible, the emergency assistance is limited to support for return to the state of domicile or residence or the state of origin.

3 In exceptional cases, particularly for short-term bridging of an emergency situation, the welfare authority may grant assistance beyond emergency assistance.

4 It reports cases of support according to para. 1 lit. b and c to the competent foreigners authority.

Tourists,

Persons with short-stay permits,

Foreign jobseekers

B. Authorities and their Tasks

28 The welfare authority is the municipal executive of the political welfare municipality. The municipal ordinance may provide for the competence of another authority.

28 1 The Social Welfare Authority is responsible for

a.

Ensuring personal assistance,

b. Implementing economic assistance,

c.

Reporting to the superior authorities,

a. Jurisdiction

b. Tasks

1. 1. 24-123

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851.1 Social Assistance Act (SAA)

d. Representing the municipality in criminal proceedings concerning the unlawful procurement of social assistance benefits.

2 The Social Welfare Authority cooperates with other public and private social institutions.

District Council

1 The District Council exercises supervision over the welfare authorities.

2 In particular, it is responsible for

a. periodic and, where necessary, extraordinary examination of the entire

aid and administrative activity of the welfare authorities,

b. reporting to the Directorate responsible for welfare matters14.

3 Furthermore, it supervises homes that fall under § 9 lit. c or that receive

contributions according to § 46.

Directorate of the

Government

Council14

The Directorate responsible for Welfare Affairs14 shall have the following duties, in particular

a. Promotion of information regarding social welfare and cooperation between social institutions,

b. Advice and continuing education for welfare authorities,

c.22 Granting and withdrawal of licenses for the operation of private homes not falling under the jurisdiction of another authority, which serve the permanent accommodation, catering, and personal care of persons in need of assistance,

d. Preparations for the admission of Swiss citizens in need residing abroad and their family members, in cooperation with the municipalities,

e. Decision on disputes between municipalities concerning the obligation to provide assistance and bear costs.

Government Council

The Government Council exercises supreme supervision over public social assistance.

Entitlement

C. Personal Assistance

A person in need of assistance due to a personal emergency may

seek advice and support from one of the agencies mentioned in § 13.

Implementation

1 Personal assistance shall be granted in agreement with the person seeking help and is not tied to any specific procedure.

4

Social Assistance Act (SAA)

851.1

2 The counselling and support centres determine the type and extent of assistance.

3 Insofar as they do not provide counselling and support themselves or where specialized assistance is necessary, they shall arrange for the services of other bodies. If someone requires financial assistance, they shall notify the welfare authority.

Personal assistance may be granted by

a. municipal counselling and support centers,

b. joint counselling and support centers of several municipalities,

c. other public or private social institutions to which the municipality has wholly or partially delegated tasks of personal assistance.

**Organization**

**D. Economic Assistance**

**I. Type and Scope**

Entitlement

Anyone who cannot adequately or timely provide for their own livelihood and that of family members with the same domicile from their own resources is entitled to economic assistance.

1. Economic assistance shall guarantee the social subsistence level, which

adequately considers individual needs in addition to the usual living

expenses.

2. It shall ensure necessary medical or therapeutic treatment and

necessary care in a hospital, a home, or at home.

3. Children and adolescents shall be enabled to receive care and education

adapted to their needs, as well as personal development and training

commensurate with their abilities.

4. During tertiary education, economic assistance and education-related

costs shall only be covered in exceptional cases.32

a. In General34

34 1 When calculating the social subsistence level, the premiums for the compulsory health insurance, less any premium reduction according to Art. 65 para. 1 of the Federal Act of 18 March 1994 on Health Insurance, are included as expenses.

1. 1. 24-123

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851.1

Social Welfare Act (SWA)

Forms

Applications

for cost

coverage

2 As soon as a switch to a more affordable insurance is possible and reasonable, the social welfare authorities are obliged to instruct social welfare recipients to switch and, if necessary, to assist them with a switch.

3 If a switch is not possible or reasonable, the difference between the actual premium and the premium reduction will be covered by the canton (premium assumption).

4 When assessing what is reasonable and possible, particular consideration must be given to the duration of dependence on social welfare, the chance of exiting social welfare, and the possibilities of finding one's way in an affordable insurance model.

b. Health insurance premiums

25 1 Economic assistance shall be provided in cash, by cheque, or by

transfer to a postal or bank account of the applicant.

2 It may be provided by other means if circumstances justify it.

3 The rent and ancillary costs considered in the assessment of economic

assistance may in any case be transferred directly to the creditor.

24 1 If services from third parties are to be secured, the social welfare

authority generally issues a cost guarantee. Services exceeding the scope

of the cost guarantee do not have to be covered.

2 Applications for a cost guarantee must be submitted to the social welfare

authority in advance. Without a guarantee or in the event of a delayed

submission of the application, there is no entitlement to cost coverage.

Emergency medical treatments are reserved.

3 Applications must contain the following information

a. full personal details of the person seeking assistance,

b. designation of any third parties liable to provide benefits,

c. necessity, type, scope, and duration of the services.

4 Applications for a cost guarantee for medical treatments must also provide

information on

a. the cause of the treatment,

b. the existence of an emergency,

c. the time and place of the accident or illness,

d. the anticipated duration of a hospital stay, the referring

body, the time of the patient's transportability, and the

recommended mode of transport.

6

Social Welfare Act (SWA)

851.1

Pledging, Assignment and Set-off

Economic assistance may neither be pledged nor assigned. It may not be set off against taxes owed.

**II. Position of the Aid Recipient**

25 1 The applicant provides complete and truthful information

Information about

a. their financial circumstances at home and abroad, specifically

also regarding claims against third parties,

b. the financial circumstances of relatives living with them or who

are liable for their maintenance or support,

c. the financial circumstances of other persons living with them,

insofar as the information is suitable and necessary for the

fulfilment of the statutory duties of social assistance,

d. their personal circumstances and those of the persons named in

lit. b and c, insofar as the information is suitable and necessary

for the fulfilment of the statutory duties of social assistance.

2 The applicant grants access to their documents, insofar as this is

suitable and necessary for the fulfilment of the statutory duties of

social assistance.

3 The applicant reports changes in circumstances relevant to support

without being prompted.

4 The welfare authority is entitled to obtain information from third

parties, even without the consent of the applicant and the other

persons named in para. 1, if it requires such information for the

fulfilment of its duties and if there are doubts about the accuracy or

completeness of the information or documents.

5 The welfare authority generally informs the applicant and the other

persons named in para. 1 in advance about information that will be

obtained about them. In cases falling under para. 4, the information

may also be provided subsequently.

16 1 The provision of economic assistance may be made conditional upon the **Assignment of

claims**

recipient of assistance assigning existing or future claims relating

to property against third parties to the welfare authority, up to the

amount of the received benefits, provided that such an assignment

is permissible.

1. 1. 24-123

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851.1 Social Welfare Act (SWA)

Consideration

of non-

realizable

assets

Conditions and

directives

Further

measures

Resistance

of the person

liable for

maintenance

Reduction of

benefits

2 The welfare authority may demand that social or private insurance

companies, as well as liable third parties or other third parties, pay

retroactive benefits directly to the welfare authority to the extent

of the reclaimable amount.

1 If an applicant for assistance possesses real estate or other assets of considerable extent, the realization of which is not possible or not reasonably expected of them, the signing of a repayment obligation is usually required. In this, the applicant commits to repaying the benefits in full or in part when these assets become realizable.

2 The claim arising from the signing of a repayment obligation can be secured by a lien.

1 Economic assistance may be made subject to conditions and directives

**that relate to the proper use of the contributions or are suitable for improving the situation of the recipient of assistance and their family members.**

**2 Conditions and directives are not independently contestable.33**

27 The social welfare authority shall notify the Child and Adult Protection Authority (KESB) if further measures become necessary for health-related or other reasons in the interest of the recipient of assistance or their relatives.

27 Economic assistance may be granted to spouses, registered partners, and minor children even against the will of the person liable for maintenance.

20 1 Social assistance benefits shall be appropriately reduced if

**a. the benefit recipient**

1. **violates orders, conditions, or instructions issued by the social welfare authority,**

2. **provides no or false information about their circumstances,**

3. **refuses access to their documents,**

4. **does not accept a reasonable work assignment,**

5. **misuses benefits,**

6. **refuses to participate in a reasonable education and employment programme,**

7. **fails to claim substitute income to which they are entitled,**

8. **refuses to switch to an affordable health insurance, even though it is reasonable and possible,**

**8**

**Social Assistance Act (SAA)**

**851.1**

**b. they have been informed in writing of the possibility of benefit reduction.**

**2 The legitimate interests of minors shall be appropriately taken into account.**

19 1 The fundamental legal claim to social assistance benefits may be departed

from exceptionally and with due regard to Art. 12 of the Federal Constitution (BV)4.

Benefits shall be suspended in whole or in part exceptionally if

a. the person seeking assistance refuses a reasonable work offer or the assertion of substitute income,

b. their benefits have been reduced for that reason, and

c. they have been given a second deadline in writing, with the threat of benefit suspension, to accept the work or assert the substitute income.

2 The legitimate interests of minors shall be adequately considered.

III. Support from Relatives and Reimbursement

1 The welfare authority examines whether, according to Art. 328 and 329

CC, relatives are obliged to support the recipient of assistance.

2 If circumstances warrant, it can request those obliged to provide assistance and mediate between them and the recipient of assistance.

20 Obligation to refund economic assistance exists for whoever

**Refund**

a. **In cases of improper conduct**

a. obtained it through false or incomplete statements, or

b. used it for purposes other than those stipulated by the welfare authority, thereby causing the authority to have to pay again.

27 1 Legally obtained financial assistance may be wholly b. In cases of

or partially reclaimed if

a. the recipient of assistance retroactively receives benefits from social or private

insurance or from liable or other third parties, corresponding to the amount of financial

assistance provided during the same period,

lawful receipt

1. 1. 24-123

9

851.1 Social Welfare Act (SHG)

b. the recipient of assistance comes into financially favourable circumstances due to inheritance, lottery winnings, or other reasons not attributable to their own labour; in cases of their own labour, only if this leads to such favourable circumstances that a waiver of reimbursement, considering the reasons for receiving assistance, appears inequitable,

c. the conditions for reimbursement under § 20 are met.

2 The claim for reimbursement extends to benefits that

the recipient of assistance has received for themselves, for their spouse during

the marriage, for their registered partner during the duration of the registered partnership, and for their children during their minority.

3 Financial assistance received by someone for themselves during their

minority or until the completion of an education commenced during that period is not to be reimbursed. For the costs of stay in a youth home, this applies up to the age of 22.

c. From the

Estate

d. Non-interest-

bearing

e. Limitation

1. If the recipient of aid dies, a claim for reimbursement of the economic aid arises against his estate.

2. When asserting the claim for reimbursement, the circumstances of the heirs are to be appropriately taken into account.

Claims for reimbursement are interest-free, with the exception of unlawful receipt.

1. Benefits for which the refund order was issued more than 15 years ago cannot be reclaimed. This excludes benefits for which a refund obligation has been entered into according to § 20.

2. The refund claim becomes statute-barred five years after the social welfare authority became aware of its creation. Refund claims for which a land charge has been registered are not subject to any statute of limitations.

Claim for support from relatives and reimbursement from them is made by the authorities of the community bearing the costs.

**Claim**

**Principle**

**E. Local Competence12**

The obligation to provide personal and economic assistance rests with the commune of residence of the person seeking assistance.

10

Social Assistance Act (SAA)

851.1

The municipality of residence is obliged to provide assistance, with exceptions

* as long as the municipality of domicile of the person seeking assistance has not been determined, or

* if a person outside their municipality of domicile requires urgent assistance.

1 The person seeking help has their domicile under this Domicile Law in the community where they reside with the intention of remaining there permanently.

a. Rationale

2 The police registration, or for foreigners the issuance of a residence permit, is considered the establishment of domicile, unless it is proven that the stay began earlier or later or is only of a temporary nature.

in general26

27 Residence in a home, hospital or other institution and the official placement of an adult in family care do not establish a domicile.

b. Inmates of homes and institutions;

Family care recipients26

21 1 Each spouse, each registered partner has their own domicile.

2 For the regulation of the state's obligation to reimburse costs, in the case

of joint domicile of spouses or registered partners with different

durations of domicile, the longer duration is decisive. If they dissolve

their joint domicile, their previous duration of domicile will be credited

to them.

c. Spouses,

registered

partners

27 1 A minor child shares, regardless of their place of residence, the domicile of their parents or of the parent under whose parental authority they are placed.

2 If the parents do not have a common civil law domicile, the child shares the domicile of the parent with whom they live.

3 A minor child has their own domicile

a. at the seat of the KESB (Child and Adult Protection Authority) according to § 41 of the Introductory Act to the Child and Adult Protection Law of June 25, 2012,

b. at the place according to § 34, if they are gainfully employed and able to provide for their own livelihood,

c. at the last domicile according to paragraphs 1 and 2, if they do not permanently reside with the parents or one parent,

d. at their place of residence in other cases.

4 If a minor child obtains their own domicile, the previous duration of domicile shall be credited for the purpose of regulating the canton's obligation to reimburse costs.

d. Minor Children

e. Termination

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851.1

Social Welfare Act (SWA)

13 1 Domicile ends upon departure from the municipality.

**2 If the time of departure is doubtful, the date of police deregistration shall apply.**

**3 Entry into a home, a hospital or another institution, as well as the official placement of an adult in foster care, do not terminate an existing domicile.27**

**Residence**

1 For the purposes of this Law, residence is defined as actual presence in a municipality.

2 If an obviously person in need of help, especially an ill or injured person, has been transferred to another municipality by medical or official order, the municipality from which the referral was made shall continue to be considered the place of residence.

Prohibition of Deportation

1 The authorities may not induce a person in need of assistance to move out of the municipality.

2 For foreigners, the provisions regarding the revocation of residence permits as well as expulsion, removal, and repatriation are reserved.

Cost bearing

by the

municipality obligated

to provide assistance

F. Financial Provisions

The community obligated to provide assistance bears the costs of personal and economic assistance, unless federal law, intercantonal agreements, or the following provisions stipulate otherwise.

Obligation to Reimburse for Economic Assistance

a. The Community of Residence

Erhält ein Hilfebedürftiger ausserhalb seiner Wohngemeinde

wirtschaftliche Hilfe, ist die Wohngemeinde für die Kosten ersatzpflich-

tig.

b. Der nach § 40

fehlbaren

Gemeinde

**English Translation:**

If a person in need receives economic assistance outside their municipality of residence, the municipality of residence is liable for the costs.

b. The according to § 40

culpable

municipality

In case of a violation of the prohibition of deportation, the defaulting municipality remains liable for the costs of economic assistance for as long as the person in need would foreseeably not have left this municipality without official influence, but for a maximum of five years.

c. Of the Canton20

1 The Canton shall reimburse the municipality of residence for the costs of economic assistance to foreigners who have not yet continuously resided in the Canton for ten years, unless their home state is liable for reimbursement.

12

Social Assistance Act (SAA)

851.1

2 It shall reimburse the municipality of stay for the costs of economic assistance provided by it, unless the municipality of residence is liable for reimbursement or a liability for reimbursement exists under federal law.

3 It shall assume the costs of economic assistance provided outside the cantonal territory to recipients of assistance without Zurich residence, insofar as the Canton is subject to a liability for reimbursement under federal law.

23. The Canton grants the municipalities a contribution from state subsidies

of 4% of the eligible expenses for economic assistance.

a. For economic assistance

1. The Canton20 provides contributions to municipalities and public-b. For Homes

law or private non-profit organizations with their own

legal personality for the construction and operation of homes

for the homeless, neglected, and other persons in need of assistance.

2. Exceptionally, contributions may be provided for other facilities

that serve the care of persons in need of assistance.

3. The type of contribution provision is governed by the provisions

of the Act on Self-Determined Service Provision by Persons

with Disabilities of February 28, 2022 (SLBG)2.41.

4. Contributions under this Act are excluded if another

cantonal legal basis for contributions exists.

G. Duty of Confidentiality, Information, Disclosures, and Observation37

25 The welfare authority and the organs and persons entrusted with the implementation of the public social assistance (social assistance organs) are obliged, subject to the following provisions, to maintain confidentiality regarding their perceptions.

## 24 1 Information to Immigration Authorities

The social welfare authorities shall, without being requested, provide the competent immigration authority with the notifications stipulated by federal law. In particular, they shall report

a. the start, scope, and termination of social welfare benefits, repayments of received social welfare benefits, and circumstances affecting the amount of support provided;

b. other circumstances essential for the immigration authority's proper assessment of the personal circumstances and the degree of integration.

2 The social welfare authorities may, without being requested, report other facts that may be significant for the immigration permit procedure to the competent immigration authority.

851.1 Social Welfare Act (SHG)

Information to Social Welfare Authorities

Information among Social Welfare Authorities

Data Exchange in Inter-institutional Cooperation

24 1 The administrative authorities of the Canton and its municipalities, as

well as organizations and persons entrusted with the performance of public

tasks, are obliged to inform the social welfare agencies on their own initiative

if, based on observations made in their official capacity, there is a concrete

suspicion, relevant to the case, of unlawfully obtaining social welfare benefits.

Courts and notaries, as well as the ombuds offices and data protection

officers of the Canton and municipalities, are authorized to provide information

to the social welfare agencies on their own initiative under the same

conditions.

2 The Directorate responsible for welfare affairs shall forward information

received by it to the welfare authority or to the (missing text in original)

35 1 The social welfare authorities affected in a specific case shall

inform each other about

a. the commencement, extent, type, duration, and causes of granted

economic assistance,

b. conditions, instructions, and sanctions,

c. assignments and disbursements pursuant to § 19,

d. the realisation of assets pursuant to § 20.

2 The information must be suitable and necessary for the social

welfare authorities to fulfil their statutory duties. This includes, in

particular

a. the orderly transfer of cases,

b. the clarification of jurisdictional issues,

c. investigations regarding the subsidiarity and reimbursement of

social welfare benefits.

3 If the person seeking assistance moves away from their previous

municipality of residence or stay, the latter may transfer their social

welfare file to the newly responsible social welfare authority. The latter

may, at the time of the move, adopt conditions, instructions, and sanctions

that have already been ordered.

24 Within the framework of interinstitutional cooperation, the social welfare authorities are authorised to exchange information, in particular regarding personal data, and the personal, professional, and financial circumstances of the applicant, with the bodies involved in the individual case, in accordance with § 3c, provided this is suitable and necessary for promoting the applicant's integration.

14

Social Welfare Act (SHG) 851.1

25 1 The social assistance authorities shall provide information to the following bodies upon request, orally or in writing, in individual cases, insofar as this is suitable and necessary for the fulfillment of the statutory duties of the inquiring body

a. Courts and administrative authorities of the Canton and its municipalities,

b. Courts and administrative authorities of the Confederation,

c. Courts and administrative authorities of other Cantons and their municipalities,

d. Organizations and persons, insofar as they are entrusted with the performance of public duties.

2 The social assistance authorities shall be provided with information by the following bodies upon request, orally or in writing, in individual cases, insofar as this is suitable and necessary for the fulfillment of the statutory duties of the social assistance authorities

a. Administrative authorities of the Canton and its municipalities,

b. Organizations and persons, insofar as they are entrusted with the performance of public duties,

c. Persons who live in a household community with the person seeking assistance or who are obligated to provide maintenance or support to them,

d. Employers of the person seeking assistance and of persons living in a household community with them.

3 Excluded from the duty to provide information according to paragraph 2 are the notariates, as well as the ombuds offices and data protection officers of the Canton and municipalities. These are entitled to provide information.

4 Federal obligations of secrecy remain reserved.

36 1 The social welfare authorities may covertly observe the person concerned

to check, verify, and clarify the circumstances, and

may use technical aids for image recording, if a

member of the district council has approved the observation and

a. based on concrete indications, it is to be assumed that the person

concerned is unlawfully obtaining benefits under this Act,

and

b. investigations would otherwise be futile or disproportionately

difficult.

2 The person concerned may only be observed if they are

a. in a publicly accessible place or

b. in a place that is freely visible from a publicly accessible place.

1. 1. 24-123 15

851.1

Social Welfare Act (SHG)

3 The social welfare authorities may commission specialists with

the observation. These are subject to the same duty of care

and confidentiality as the commissioning social welfare authorities.

4 An observation may take place for a maximum of 20 days within six

months from the first day of observation. It can be extended

once within this period by a maximum of ten observation days

if there are sufficient reasons for it. A new

observation can be ordered if new concrete indications

arise.

5 The social welfare authorities shall subsequently inform the person

concerned, before the issuance of the order regarding the benefit, about the

reason, type, duration, and results of the observation conducted

and give them an opportunity to comment.

6 If the indications according to para. 1 lit. a cannot be confirmed

by the observation, the social welfare authorities shall issue an

order regarding the reason, type, duration, and results of the

observation conducted.

7 The Government Council regulates the procedure for the person

concerned to inspect the observation material and the storage

and destruction of the observation material.

Criminal

provision

Party rights in

criminal proceedings

II. Criminal Provisions and Party Rights40

17, 38 Whoever unlawfully obtains benefits under this Act for themselves or others through untrue or incomplete statements, by concealing changed circumstances, or in any other way, shall be punished with a fine.

The investigation and judgment of contraventions shall be incumbent upon the District Governor's Offices.

39 Social welfare authorities have full party rights in criminal proceedings for violations of Sections 48 b, Articles 146 or 148 a of the Criminal Code6, within the meaning of Article 104 para. 2 of the Criminal Procedure Code7.

Amendment of

existing law

I. Final Provisions 18

The following laws are amended as follows: . . .11

16

Social Welfare Act (SWA)

851.1

1 With the entry into force of this Act, the obligation to provide assistance and transitional assistance,

and the responsibility for bearing the costs of economic assistance for persons previously supported,

shall pass to the commune responsible under the new law.

2 However, for residents of homes, hospitals, and institutions, as well as for foster children

who do not establish a domicile under the new law, the costs shall continue to be borne

by the commune previously obliged to provide support.

**Assisted Persons**

b. Personal Assistance

The provision of personal assistance must be ensured two years after the entry into force of this Act.

c. Poor Estate

The poor estate must be transferred into the general municipal property within five years.

d. Associations of Public Assistance

Municipalities that have previously jointly provided public assistance shall regulate their consolidation within two years through a public law agreement, should they wish to maintain it for public social assistance. The agreement requires approval by the Government Council.

1 State contributions towards the costs of economic assistance shall be made for the first time for expenditures of the fiscal year in which this Act comes into force, in accordance with new law.

2 No state contributions shall be made for the construction of homes and other facilities pursuant to § 46, which were put into operation before the entry into force of this Act, nor for uncovered operating costs from fiscal years that commenced prior to this date.

3 State contributions to voluntary poor relief organizations shall be made for the last time for expenditures of the fiscal year preceding the entry into force of this Act.

2 The Government Council shall determine the date of entry into force10.

3 The Law on Poor Relief of 23 October 1927 shall be repealed as of the same date.

Entry into force

1. 1. 24-123

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Social Welfare Act (SWA)

Transitional Provision for the Amendment of 12 July 2010 (OS 66, 839)

The information according to §§ 47 a–47 d and the information provided upon request according to § 48 may also refer to facts that occurred before the entry into force of these provisions.

1 OS 48, 197.

2 LS 831.5.

3 LS 855.2.

4 SR 101.

5 SR 210.

6 SR 311.0.

7 SR 312.0.

8 SR 0.142.112.681.

9 SR 0.632.31.

10 In force since 1 January 1982 (OS 48, 264).

11 For text, see OS 48, 204.

12 Cf. also Art. 6–9 of the Jurisdiction Act (SR 851.1).

13 Version according to Act of 4 December 1994 (OS 53, 43). In force since

1 February 1995 (OS 53, 45).

14 Version according to Act of 15 March 1998 (OS 54, 517). In force since 1 August

1998 (OS 54, 624).

15 Inserted by Act of 4 November 2002 (OS 58, 21). In force since 1 January

2003 (OS 58, 25).

16 Version according to Act of 4 November 2002 (OS 58, 21). In force since 1 January

2003 (OS 58, 25).

17 Inserted by Act of 6 February 2006 (OS 62, 265). In force since 1 January

2008.

18 Version according to Act of 6 February 2006 (OS 62, 265). In force since 1 January

2008.

19 Inserted by Act of 19 March 2007 (OS 62, 267; ABI 2006, 1102). In force

since 1 January 2008.

20 Version according to Act of 19 March 2007 (OS 62, 267; ABI 2006, 1102). In force

since 1 January 2008.

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

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

force since 1 January 2008.

22 Version according to Act on Institutions for Disabled Adults

of 1 October 2007 (OS 62, 584; ABI 2007, 864). In force since 1 January

2008.

23 Version according to Fiscal Equalisation Act of 12 July 2010 (OS 66, 747; ABI

2009, 172). In force since 1 January 2012.

18

Social Welfare Act (SWA)

851.1

24 Inserted by Act of 12 July 2010 (OS 66, 839; ABI 2009, 1834). In force

since 1 January 2012.

25 Version according to Act of 12 July 2010 (OS 66, 839; ABI 2009, 1834). In force since

1 January 2012.

26 Formal adjustment of marginal notes according to Act of 12 July 2010 (OS 66, 839;

ABI 2009, 1834). In force since 1 January 2012.

27 Version according to Implementing Act to the Child and Adult Protection Law

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

28 Version according to Municipal Act of 20 April 2015 (OS 72, 183; ABI 2013-

04-19). In force since 1 January 2018.

29 Version according to Act of 3 April 2017 (OS 73, 8; ABI 2016-10-07). In force since

1 March 2018.

30 Repealed by Act of 3 April 2017 (OS 73, 8; ABI 2016-10-07). In force

since 1 March 2018.

31 Inserted by Act of 23 April 2018 (OS 73, 597; ABI 2017-05-12). In force

since 1 January 2019.

32 Inserted by Act of 21 January 2019 (OS 74, 506; ABI 2018-10-05). In force

since 1 October 2019.

33 Inserted by Act of 21 January 2019 (OS 75, 184; ABI 2018-10-05). In force

since 1 April 2020.

34 Inserted by Implementing Act to the Health Insurance Act

of 29 April 2019 (OS 75, 174; ABI 2016-10-07). In force since 1 April 2020.

35 Version according to Act of 13 January 2020 (OS 75, 337; ABI 2019-04-12). In force

since 1 July 2020.

36 Inserted by Act of 15 June 2020 (OS 76, 228; ABI 2019-09-20). In force

since 1 July 2021.

37 Version according to Act of 15 June 2020 (OS 76, 228; ABI 2019-09-20). In force

since 1 July 2021.

38 Numbering according to Act of 15 June 2020 (OS 76, 228; ABI 2019-09-20). In

force since 1 July 2021.

39 Inserted by Act of 30 May 2022 (OS 77, 551; ABI 2022-01-28). In force

since 1 January 2023.

40 Version according to Act of 30 May 2022 (OS 77, 551; ABI 2022-01-28). In force

since 1 January 2023.

41 Version according to Self-Determination Act of 28 February 2022 (OS 78, 81;

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

1. 1. 24-123

19