Asylum Welfare Ordinance (AWO) (AFV)

8 Asylum seekers within the meaning of this Ordinance are

a.7 Persons whose asylum procedure is pending, their spouses, their registered partners and their minor children,

b. Persons in need of protection without a residence permit,

c.10 Provisionally admitted persons.

1 Services for asylum seekers include

a. Accommodation,

b. Support,

c. Assistance (in-kind benefits and financial aid).

2 The bodies responsible for accommodation and support may implement programmes for the training and employment of asylum seekers.

**Concept**

Benefits for asylum seekers

1 The Directorate of Security determines the criteria for the assessment of

the assessment of support to be granted to asylum seekers

on the basis of contributions set by the Confederation.

2 In doing so, it considers

a. the status according to § 1,

b. the stage of the asylum procedure,

c. the conduct of the asylum seeker in the asylum procedure,

d. the conduct of the asylum seeker towards the competent

authorities and organisations.

3 For persons in need of protection without a residence permit and temporarily

admitted persons, the basic needs for subsistence amount to at least

70% of the basic needs of the local population.14

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851.13 Asylum Welfare Ordinance (AfV)

Execution § 4. The cantonal social welfare office executes the tasks assigned

to the canton concerning the care, accommodation, and support of asylum

seekers. The competence of the Office for Youth and Vocational Guidance

according to § 13 remains reserved.

Supervision § 5. The Directorate of Security is responsible for supervising the care,

accommodation, and support of asylum seekers.

Competence

for benefits

according to § 2

Assignment

II. Tasks of the Canton and Municipalities

1 The Canton shall, during an initial phase, provide for the services

according to § 2 for asylum seekers newly assigned by the Federation.

The establishment of the necessary accommodations does not require the consent of the host municipality.

2 Thereafter, the Canton shall assign the asylum seekers to the individual municipalities. With this assignment, the responsibility for providing the services according to § 2 shall transfer to the municipalities.

1 The cantonal social welfare office makes the assignment. In doing so, it

considers the unity of the family.

2 After the assignment, asylum seekers must reside in the

municipality to which they have been assigned.

3 Provisionally admitted persons who are wholly or partially dependent on

social assistance are deemed to be assigned to the municipality in which they reside at the time

of submitting their application for benefits under § 2.10

4 The assignment decision can only be challenged by asylum seekers

on the grounds that it violates the principle of

family unity.

**Admission Quota § 8.12**

1 For asylum seekers, the Security Directorate determines an admission

quota for municipalities as a percentage of their population.

2 Provisionally admitted persons are counted towards the admission quota

for seven years from their entry into Switzerland.

**Violation of the Admission Obligation**

If a municipality fails to fulfill its obligations, the Cantonal Social Office orders the substitute performance. The defaulting municipality must reimburse the Canton for all costs, including the administrative costs incurred.

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Asylum Welfare Ordinance (AWO)

851.13

1 The Canton provides contributions to the municipalities for the fulfillment of their duties in the area of asylum welfare.

2 The Government Council determines the contributions based on the services of the Confederation.

3 Contributions for provisionally admitted persons are reimbursed for a maximum of seven years from their entry into Switzerland.10

Cantonal Contributions

11 Health Care

1 The Canton shall ensure health care, particularly health and accident insurance for persons who are wholly or partially dependent on social assistance in accordance with § 1 lit. a and b.

2 The Municipalities shall ensure health care, particularly health and accident insurance for provisionally admitted persons who are wholly or partially dependent on social assistance.

3 The Canton and the Municipalities may restrict the choice of insurers and service providers in accordance with Art. 82a of the Asylum Act of 26 June 1998.

1 The Canton may provide suitable facilities for asylum seekers with special needs, in which the services according to § 2 para. 1 are rendered.

2 The accommodation and care in a facility for special needs does not effect a change in social assistance responsibility.

13 The Office for Youth and Vocational Guidance fulfills the tasks pursuant to Art. 7 para. 2quater and 2quinquies of the Asylum Ordinance 14. Decisions falling within the competence of the Child and Adult Protection Authority are reserved.

**Unaccompanied Minor Asylum Seekers**

1 Canton and municipalities can transfer the fulfillment of their duties in asylum matters wholly or partially to third parties.

**Delegation**

**2 If the canton fulfills duties from the area of responsibility of the municipalities, it can levy contributions from them.**

1. Cantonal and communal authorities shall inform each other of the facts necessary for the execution of cantonal and communal tasks in the asylum sector, in particular regarding the employment of asylum seekers and their health and accident insurance. They shall exchange the required data.

2. Communal authorities are obliged to promptly report changes in the personal circumstances of asylum seekers to the canton. They shall reimburse the canton for any costs incurred due to a delayed report.

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851.13

Asylum Welfare Ordinance (AWO)

III. Obligations of Asylum Seekers

Preservation

of Peace

and Order

Compliance with

other obligations

Reimbursement

of Benefits

1 Asylum seekers are obliged to maintain peace and order in the accommodations.

2 The operators of asylum accommodations shall issue house rules, with the approval of the authority responsible for accommodation. They shall take measures when this is necessary to ensure the safety of the care staff and co-residents, and to maintain order in the accommodations.

1. If asylum seekers violate their obligations, the authorities responsible

for social assistance may order the following sanctions

a. Reduction of support benefits,

b. Restriction to emergency aid for an appropriate duration,

c. Refusal of individual accommodation,

d. Refusal of participation in training and employment programs.

2. The sanctions according to para. 1 may be ordered in particular if the

asylum seeker

a. Fails to comply with their statutory obligations to cooperate in

the asylum procedure,

b. Provides no or false information to the social assistance authorities,

c. Uses support benefits inappropriately,

d. Disregards conditions or instructions.

3. The authorities responsible for social assistance may also request the

refusal or withdrawal of work permits from the authority responsible for

work permits.

4. The asylum seeker shall be warned in advance of the imposition of a

sanction pursuant to para. 1 and the request pursuant to para. 3. Such a

warning may be combined with the condition or instruction to be enforced.

1 Anyone who has obtained social assistance through false or incomplete information is obliged to reimburse the benefits received. If the person continues to rely on social assistance, the benefits may be reduced to a minimum, with the reduced part being credited towards the reimbursement.

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Ordinance on Asylum Welfare (AfV)

851.13

2 Asylum seekers must reimburse received social assistance, especially if

a. they retroactively receive benefits from social or private insurance, liability insurers, or other third parties, with satisfaction payments being excluded;

b. they come into financially favorable circumstances due to an inheritance, lottery winnings, or other reasons not attributable to their own work performance.

3 If asylum seekers who are obliged to reimburse are entitled to retroactively owed benefits from social or private insurance, from liability insurers or other third parties, the authority responsible for social assistance may demand direct payment to itself to the extent of the reimbursement obligation.

4 For all other matters, the reimbursement of social assistance benefits is governed by federal law.

1 The competent authority may, for the provision of social assistance from the asylum seeker, demand the assignment of existing claims or future financial claims against third parties.

2 An assignment may only be demanded up to the amount of services already received.

IV. Final Provision

Entry into Force

Transitional Provision for the Amendment of 26 October 2011

(OS 66, 926)

The Cantonal Social Welfare Office and the municipalities may continue

to calculate benefits for temporarily admitted persons in accordance

with this Ordinance until 30 April 2012 at the latest.

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Asylum Welfare Ordinance (AfV)

Transitional Provisions for the Amendment of 25 October 2017

(OS 73, 10)

I. The municipalities may continue to calculate support benefits

for temporarily admitted persons in accordance with § 17 of the

Ordinance to the Social Welfare Act of 21 October 1981 until 30 June 2018

at the latest.

II. The Canton’s contributions to the municipalities for support

benefits for temporarily admitted persons shall be governed by §§ 44

and 45 of the Social Welfare Act of 14 June 1981 until 30 June 2018.

Transitional Provision for the Amendment of 25 September 2024

(OS 79, 470)

The municipalities shall apply the minimum amount for the basic

subsistence needs according to § 3 Para. 3 at the latest three months

after the entry into force of the Ordinance amendment.

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1 OS 60, 168.

2 LS 851.1.

3 SR 142.31.

4 SR 142.311.

5 Version according to Government Council Resolution of 15 March 2006 (OS 61,

112; ABI 2006, 348). In force since 1 May 2006.

6 Version according to Government Council Resolution of 25 October 2006 (OS 61,

371; ABI 2006, 1493). In force since 1 January 2007.

7 Version according to Government Council Resolution of 29 November 2006 (OS

61, 500; ABI 2006, 1696). In force since 1 January 2007.

8 Version according to Government Council Resolution of 26 October 2011 (OS 66,

926; ABI 2011, 3171). In force since 1 January 2012.

Asylum Welfare Ordinance (AfV)

851.13

9 Version according to Government Council Resolution of 7 November 2012 (OS 67,

620; ABI 2012-11-16). In force since 1 January 2013.

10 Inserted by Government Council Resolution of 25 October 2017 (OS 73, 10; ABI

2017-11-03). In force since 1 March 2018.

11 Version according to Government Council Resolution of 25 October 2017 (OS 73,

10; ABI 2017-11-03). In force since 1 March 2018.

12 Version according to Government Council Resolution of 22 August 2018 (OS 73,

442; ABI 2018-08-31). In force since 1 March 2019.

13 Version according to Government Council Resolution of 27 May 2020 (OS 75,

380; ABI 2020-06-05). In force since 1 August 2020.

14 Inserted by Government Council Resolution of 25 September 2024 (OS 79, 470;

ABI 2024-11-01). In force since 1 January 2025.

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