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Act on Education Grants (AusbG) - Principle (AusbG)

29 Articles / Provisions · Switzerland · Canton of Appenzell Innerrhoden
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Table of Provisions (29)

Statutory Text (29 Articles)

General Provisions

1. The canton grants educational contributions in the form of scholarships and loans if the financial circumstances of the person in education, their parents, or other legally obligated parties are insufficient.

General Provisions

1. Educational grants are intended to facilitate access to education, promote equal opportunities, and support subsistence during training.

2. When granting educational grants, the free choice of training and training institutions shall be ensured.

General Provisions

1. Right to Educational Grants

A person is entitled to educational grants if they

a) are eligible for contributions;

b) have a legally recognized residence for scholarship purposes in the canton;

c) are pursuing a recognized education; and

d) demonstrate financial need.

Contribution Eligibility

1. A person with Swiss citizenship is eligible for contributions if they have a legal domicile in Switzerland.

2. For education in Switzerland, a person with Swiss citizenship is also eligible for contributions if

a) the parents reside abroad or the person is orphaned and resides abroad, and

b) they do not receive educational contributions at their foreign place of residence due to lack of jurisdiction.

Contribution Eligibility

1. A person without Swiss citizenship is eligible for contributions if they have a civil residence in Switzerland and

a) possess a settlement permit or have resided in Switzerland for five years and hold a residence permit, or

b) are recognized by Switzerland as stateless or as a refugee, or

c) are a citizen of a state whose nationals are treated as equivalent to Swiss nationals for education contributions based on international agreements.

Scholarship-related Residence

1. A person has a scholarship-legal domicile in the canton if

a) their parents have a civil domicile in the canton, or

b) the Appenzell Innerrhoden Child and Adult Protection Authority was last responsible for the person.

2. Furthermore, the following individuals have a scholarship-legal domicile in the canton

a) Persons with Appenzell Innerrhoden citizenship, whose parents do not reside in Switzerland or who reside abroad without parents; if they have multiple cantonal citizenships, they have a scholarship-legal domicile in the canton if they acquired Appenzell Innerrhoden citizenship last.

b) Stateless persons and refugees assigned to the canton, if they are of legal age and have a civil domicile in the canton.

3. If the parents have their civil domicile in different locations, the domicile of the current or last holder of parental custody is decisive. In the case of joint parental custody, the domicile of the parent with whom the person mainly resides or last resided is decisive. If the parents establish their domiciles in different locations only after the person in education reaches maturity, the domicile of the parent with whom the person mainly resides is decisive.

Residence for Scholarship Law Purposes

1. A person has a residence for scholarship purposes in the canton if, after completing an initial professional qualification and before commencing the education for which they are claiming educational grants, they have maintained a civil law domicile in the canton for at least two uninterrupted years and have been financially independent through their own employment.

2. Equivalent to completing an initial professional qualification is financial independence through at least four years of own employment; own employment also includes managing a family household with minors or dependents, military and civil service, as well as unemployment.

3. The Grand Council may further specify the professional qualifications.

Scholarship-related Residence

1. The legal residence for scholarship purposes, once established, remains until a new one is acquired.

Trainings

1. Educational grants are awarded for programs that lead to a recognized degree at the following educational levels

a) Secondary Level II (vocational education and upper-level schools);

b) Tertiary level (universities and higher vocational education).

2. The Grand Council determines which degrees are recognized.

3. Educational grants are also awarded for

a) bridging programs, provided that participation in their costs has been approved;

b) transfer pathways;

c) continuing education, and

d) doctorates and postgraduate studies.

4. Educational grants are excluded for programs at the Secondary Level I.

Training Programs

1. The granting of educational grants is contingent upon meeting the admission or graduation requirements.

2. Educational grants are provided for studies in Switzerland. They are awarded for education abroad if

a) it involves a university degree program, or

b) it is equivalent to education in Switzerland.

Form and Duration of Training Allowances

1. Scholarships are one-time or recurring financial benefits provided for education, and they generally do not need to be repaid.

2. Loans are one-time or recurring financial benefits provided for education, which must be repaid with interest.

Form and Duration of Training Allowances

1. Educational grants for initial education at the secondary level II and tertiary level are provided as scholarships. Additionally, loans may be granted.

2. If the initial education or part thereof begins after the age of 35, the educational grant is provided as a loan. The competent commission may establish exceptions.

3. Educational grants for a second education, further education, doctoral, and post-graduate studies are granted as loans. The competent commission may establish exceptions.

4. Educational grants for bridging courses are provided only in the form of scholarships.

Form and Duration of Training Allowances

1. Initial Education includes the training received after completing compulsory schooling up to the conclusion of basic vocational training or secondary school education, as well as advanced training up to the completion of a master's degree, provided that such training builds upon an already completed education.

2. Secondary Education occurs when a training does not build upon a qualification acquired in the Initial Education.

Form and Duration of Training Allowances

1. Educational grants are awarded for the regulatory minimum duration of the education. For educational programs lasting more than one year, the entitlement extends up to two semesters beyond the regulatory minimum duration.

2. Exceptionally, educational grants may be granted for a longer period, particularly if the completion of the education has been delayed due to social, economic, familial, or health reasons.

Form and Duration of Training Allowances

1. In the event of a change in training, the entitlement to training allowances remains. The duration of the entitlement is determined by the new training. In justified cases, the duration of the entitlement can be reasonably shortened.

2. If the training is changed for the second time at the same training level, the entitlement to scholarships expires. The entitlement to loans remains intact.

Financial Needs and Contribution Amount

1. Financial needs include the costs necessary for living and education, to the extent that they exceed the reasonable personal contribution of the person in education and the reasonable external contributions of their parents or other legally obligated parties.

2. The person in education receives educational grants equivalent to their financial needs, but not exceeding the contributions determined by the Great Council.

3. If the desired education is not the most cost-effective among several comparable options, educational grants may be reduced. At a minimum, the expenses that the person in education would incur even in the most cost-effective option must be accounted for as necessary educational costs.

Financial Needs and Contribution Amount

1. The reasonable personal contribution is determined based on the assets and income of the person in training. A hypothetical income may be attributed as the minimum personal contribution.

Financial Needs and Contribution Amount

1. The reasonable financial contributions from third parties are determined by the assets and income of those legally obligated.

2. The requirement to account for the reasonable contributions of the parents is partly waived if the person in training

a) has completed a vocational qualification and was financially independent for at least two years through their own employment; or

b) has completed a vocational qualification and has reached the age of 25; or

c) was financially independent from the parents for four years due to employment, managing their own household with minors or dependents, military and civilian service, or unemployment; or

d) is married or lives in a registered partnership; or

e) has children.

Financial Needs and Contribution Amount

1. The actual income and asset circumstances are decisive for the calculation of financial need.

2. These are generally determined based on the most recent legally binding tax assessment.

6. Reimbursement

1. Training allowances must be reimbursed if they were obtained through false or incomplete information, or if they were used for purposes other than intended.

2. In the event of termination of the training, the training allowances paid for the remaining training period may be reclaimed.

3. The right to reimbursement expires if it is not asserted within one year from the time the reason for reimbursement becomes known. In any case, it expires ten years after the payment of the allowance.

6. Reimbursement

1. Loans must be repaid within ten years from the completion or termination of the education.

6. Reimbursement

1. Loans shall bear interest from the seventh month following the completion or termination of the training.

2. In cases of hardship, the interest payment may be waived in whole or in part.

6. Reimbursement

1. Anyone who starts an academic program at a university after reaching the age of 60, where the canton provides contributions based on contractual obligations, must reimburse the canton for the contributions made.

**Procedure**

1. Any person claiming educational grants is obligated to provide complete and truthful information regarding the relevant facts. Significant changes must be reported voluntarily and without delay.

2. Educational grants may be reduced or fully or partially revoked in the event of a breach of the duty to cooperate.

3. Any person who grossly or repeatedly breaches the duty to cooperate may be excluded from any further entitlement to grants.

**Procedure**

1. The administrative and judicial authorities of the canton shall provide, free of charge, the information required for the examination of contribution applications.

2. Within the scope of the statutory mandate, the AHV insurance number may be used for systematic data processing.

**Adult Education**

1. The canton may promote adult education within the scope of the credits approved by the Grand Council.

Final and Transitional Provisions

1. The Grand Council shall issue the implementing provisions necessary for the execution of this decree.

2. For matters subject to technical and significant change, such as the calculation of financial requirements, regulatory powers may be delegated to the Cantonal Commission by ordinance.

Final and Transitional Provisions

1. This Act applies to all applications submitted after its entry into force.

Final and Transitional Provisions

1. The implementation of this law shall be carried out by the Great Council.

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