Regulation on social assistance benefits for asylum seekers, persons in need of protection not holding a residence permit, provisionally admitted persons, and persons whose asylum application has been rejected and who must leave Swiss territory

1 This Regulation governs the determination, limitation, and procedure for granting social assistance benefits to persons residing in the Canton of Ticino who are

a) asylum seekers;

b) persons in need of protection not holding a residence permit;

c) provisionally admitted persons;

d) persons whose asylum application has been rejected with a decision of inadmissibility, or with a negative decision following the examination procedure, and who must leave Swiss territory.

2 Articles 82, 83, and 84 of the Federal Asylum Act of 26 June 1998 (AsylA), as well as divergent provisions of Asylum Ordinance 2 of 11 August 1999 (AsylO 2), remain reserved.

1 The Department of Health and Social Affairs (hereinafter: the Department), and through it the Division of Social Action and Families (hereinafter: the Division) and the Office of Social Support and Integration (hereinafter: the Office), is competent to grant social welfare benefits in accordance with this regulation.

2 For the persons referred to in Article 1 paragraph 1, the Division and the Office may delegate the fulfillment of this task to public or private autonomous bodies, through the stipulation of a service contract.

3 In the event of the stipulation of a service contract as per the preceding paragraph, the entrusted bodies may adopt internal directives that regulate the modalities for granting and managing social welfare benefits, which may derogate from the norms of this regulation for well-founded reasons, without prejudice to the interested parties, and only with the express authorization of the Division and the Office.

The request for welfare benefits, signed by the applicant, must be addressed directly to the Office.

The applicant for welfare benefits must inform the Office of their economic situation and authorize it to request information from third parties.

The beneficiary of the welfare benefit must report to the Office any change in their personal and financial situation.

1. Benefits unduly received must be reimbursed to the Office.

2. The right to demand reimbursement lapses one year from the date on which the Office became aware of the undue payment, but in any case, after ten years from the payment of the benefit.

1. Repayment of social assistance benefits and the guarantee of such repayment are governed by Articles 85 and 86 LAsi and Articles 8 et seq. OAsi 2.

2. Provisionally admitted persons are assimilated to asylum seekers.

1 The right to assistance benefits commences on the day the application was submitted.

2 No assistance benefits are paid for periods preceding the application.

3 Exceptions apply where the application for renewal of benefits is submitted within ten days following the expiry date of the previously granted benefits.

4 The right to assistance benefits is definitively extinguished in the cases provided for by Art. 20 para. 1 lit. a-c OAsi 2.

1. Social assistance benefits may be granted in kind or in cash and consist of subsistence and coverage of accommodation and healthcare costs.

2. For subsistence (including pocket money), the following amounts are granted

a) single person CHF 500.–

b) spouses CHF 750.–

c) supplement for 1st minor child CHF 317.–

d) supplement for each minor child, from the 2nd onwards CHF 268.–

3. For adult children, a benefit of CHF 500.– is granted.

4. For accommodation expenses, the following maximum amounts per apartment are granted, including rent and ancillary costs, including the annual adjustment

a) single person CHF 800.–

b) two persons, when sharing a single room (spouses, cohabitants, registered partners or parent with preschool child) CHF 1100.–

c) two single persons CHF 1250.–

d) three or more persons CHF 1500.– [2]

5. For persons residing in individual accommodations, electricity bills, liability insurance, and, within the maximum limits set out in para. 4, the annual adjustment relating to ancillary costs, are also covered. [3]

6. For healthcare costs, the payment of the monthly premium for compulsory health insurance, as stipulated by the Federal Act on Health Insurance of 18 March 1994 (LAMal), is ensured within the limits set by the Office.

7. Payment of medical bills, as well as dental expenses and other extraordinary expenses authorised by the Office, is also recognised.

8. If the beneficiary performs a full-time salaried or self-employed activity, a monthly amount of CHF 200.– is deducted from the computable income. In the case of part-time activity, the amount is reduced proportionally.

9. The subsistence benefit may be reduced as a sanction, respecting the principle of proportionality according to the error committed and the damage caused.

Choice and affiliation to insurance

[1] Art. amended by R 20.12.2011; in force since 1.1.2012 – BU 2011, 613.

[2] Para. amended by R 14.1.2014; in force since 1.1.2014 – BU 2014, 34.

[3] Para. amended by R 14.1.2014; in force since 1.1.2014 – BU 2014, 34.

[4] 1 In application of the provisions stipulated in Art. 82a of the HIA, the Office decides annually on

a) the affiliation of welfare recipients to compulsory health insurance;

b) the form of insurance (deductible and insurance model);

c) the insurer (one or more insurers).

2 The recognition of the payment of the monthly premium for compulsory health insurance, the deductible, and the co-payments stipulated in Art. 9 is subject to compliance with the provisions issued by the Office.

[4] Art. introduced by O 20.12.2011; in force since 1.1.2012 - BO 2011, 613.

1 Against decisions concerning social assistance benefits issued by the Office or by a mandatary acting on its behalf, a complaint may be lodged with the Office within 30 days of notification.

2 The complaint must be signed by the person intending to exercise this right or by their representative.

3 Against decisions on complaints referred to in paragraph 1, an appeal may be lodged directly with the Cantonal Insurance Court within 30 days from the date of notification in accordance with Art. 33 Laps.

1 All persons referred to in Article 1, paragraph 1, letter d), who do not have other means of subsistence, shall be guaranteed the minimum vital needs (housing, food, clothing, personal hygiene, essential healthcare services) at the most modest level compatible with respect for human dignity.

**2 Benefits for minimum vital needs shall preferably be provided in kind.**

**3 If, for food and personal hygiene, the allocation of a sum of money appears more rational, this amounts to CHF 10.-- per day per person.**

Persons whose asylum application has been rejected with a negative decision after an examination procedure are subject to Art. 9 instead of Art. 11, as long as the Confederation recognizes for this category the right to social assistance within the meaning of the Asylum Act (AsylA).

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on March 1, 2007.

Published in OB 2007, 35 and 44.