546.270
ABZUGDELCASS
CH-GR
CH-GR
Art. 11 Disposizioni esecutive della legge cantonale sull'assistenza (DELCAss) - Riduzione delle prestazioni assistenziali
Prestazioni assistenziali del comune
Art. 11 DELCAss · Riduzione delle prestazioni assistenziali
1. Il forfait per il mantenimento deve essere ridotto dal 5 al 30 per cento nel rispetto del principio di proporzionalità
a) * in caso di sforzi di integrazione insufficienti;
b) * in caso di inadempienza ai doveri;
c) in caso di violazione della legge.
2. Una riduzione compresa tra il 20 e il 30 per cento deve essere limitata a un massimo di sei mesi, una riduzione fino al 19 per cento deve essere limitata a un massimo di dodici mesi.
Decisioni giudiziarie che applicano questa disposizione (25)
U 2019 98 · gr (Art. 11 Abs. 1 lit. a ABzUG)
Sanction for Refusal to Participate in Work Integration Program Upheld
Used as the basis for justifying the reduction of social assistance due to failure to comply with integration efforts.
U 2019 98 · gr (Art. 11 Abs. 1 lit. a ABzUG)
Social Assistance Reduction and Subsidy Repayment Upheld Due to Non-Compliance with Work Integration Requirements
Cited as the basis for the justified reduction of economic social assistance due to breach of co-operation duties.
U 2019 64 · gr (art. 11 cpv. 1 DELCAss)
Beneficiaries Appeal Social Assistance Reduction for Refusal of Mandatory Work Program
This provision was cited to discuss the proportionality and application range of the reduction in maintenance allowance (sanction).
U 2019 64 · gr (art. 11 cpv. 2 DELCAss)
Beneficiaries Appeal Social Assistance Reduction for Refusal of Mandatory Work Program
This provision was cited to confirm that the time limit for the reduction (six months) was respected.
U 2018 57 · gr (Art. 11 Abs. 1 lit. b ABzUG)
Recipient Fails to Disclose Income; Support Reduced
The court upheld the reduction of basic needs based on this provision concerning breach of obligations.
U 2018 57 · gr (Art. 11 Abs. 1 lit. b ABzUG)
Appeal Against Reduction of Basic Living Support for Non-Compliance
The court confirmed that the municipality was justified in imposing the reduction in economic social assistance based on this article concerning breach of duty.
U 2018 5 · gr (Art. 11 Abs. 1 lit. a ABzUG)
Reduction of Social Assistance for Failure to Cooperate with Work Program
Cited as the legal basis for imposing the 15% reduction of basic needs due to insufficient integration efforts.
U 2017 23 · gr (Art. 11 ABzUG)
Recipient v. Municipality (Social Assistance Benefits Reduction)
The decision is based on the grounds provided in this article regarding the reduction of basic maintenance support due to insufficient integration efforts or breach of duty.
U 2017 17 · gr (Art. 11 Ausführungsbestimmungen zum kantonalen Unterstützungsgesetz (ABzUG; BR 546.270))
Municipality's Refusal to Process Social Assistance Over Insufficient Grounds
Mentioned in the reasoning as the legal basis for sanctions for gross breaches of duty, which must be threatened in writing prior to any sanctioning.
U 2017 17 · gr (Art. 11 Ausführungsbestimmungen zum kantonalen Unterstützungsgesetz (ABzUG; BR 546.270))
Municipality's Refusal to Process Social Assistance Application Over Pension Loss
Mentioned as the basis for sanctions for gross breaches of duty, which the court noted must be threatened in writing.
U 2015 57 · gr (Art. 11 ABzUG)
Social Assistance Denial Based on Prior Conditional Non-Compliance Reevaluated for Current Need
The court explicitly mentions that the lower instance must examine whether the basic needs of the complainants can be reduced in application of this article during the new decision.
U 2015 57 · gr (Art. 11 ABzUG)
Social Assistance Denial for Unmet Self-Sufficiency Conditions; Procedural Flaws in Sanctioning
The court instructed the lower authority to examine whether the basic needs of the appellants could be reduced in application of this provision regarding insufficient integration efforts.
U 2015 13 · gr (Art. 11 ABzUG)
Consolidated Appeal Regarding Unlawful Termination of Social Assistance Due to Lack of Specific Directive for Gainful Employment
The court orders the municipality to re-examine the calculation of support, including whether a reduction based on this article is applicable for the appellant A._____'s basic needs.
U 2015 5 · gr (Art. 11 ABzUG)
Social Assistance Benefit Reduction Overturned for Lack of Prerequisite Notice
The final order remits to the lower authority to re-examine the potential reduction of basic needs, specifically mentioning the possibility of applying Art. 11 ABzUG again.
U 2015 13 · gr (Art. 11 ABzUG)
Municipality's Unwarned Termination of Social Assistance Over Refusal of Work Quashed
Mentioned in the dispositive (Order 2) as a factor the Municipality must consider when recalculating the support due to the appellant.