Social assistance in Switzerland
Social assistance in Switzerland is the final tier of the Swiss social security system. It acts as a non-contributory, needs-based safety net designed to guarantee a "dignified existence" to any person residing in the country who is unable to support themselves. While the right to assistance in emergencies is enshrined in the Swiss Federal Constitution, the actual implementation, regulation, and funding of social assistance remain primarily the responsibility of the 26 cantons and their respective municipalities.
The system distinguishes between social assistance in a broader sense—which includes upstream benefits like supplementary AHV/IV payments, premium reductions for health insurance, and housing allowances—and social assistance in the narrower sense. The latter refers to the ultimate "bottom" safety net provided when all other private and social insurance resources have been exhausted.
To ensure a level of national consistency despite the decentralized legal structure, most cantons follow the non-binding guidelines issued by the Swiss Conference of Welfare Organisations. These guidelines define the "social subsistence level" and set the standards for calculating basic needs, housing costs, and medical care, while increasingly focusing on "workfare" measures aimed at social and professional reintegration.
Social assistance in the narrower and broader sense
Social assistance in the broader sense includes all needs-based benefits as well as social assistance in the narrower sense. Benefits that precede social assistance in the narrower sense are geared to specific risks. Anyone who gets into financial difficulties due to a certain life situation is entitled to it. The upstream required services are diverse and differ depending on the canton. There are basically three groups of required services:- Benefits that guarantee access to basic state care
- Benefits that are paid in addition to insufficient or exhausted social security benefits
- Benefits that come into play as a result of a lack of private security
The following explanations relate to social assistance in the narrower sense.
Legal basis
Federal level
Fundamental right to help in emergencies (Art. 12 BV)
The Swiss Federal Constitution guarantees every person residing in Switzerland the right to help in emergencies. Article 12 BV reads: "Anyone who gets into trouble and is not able to take care of themselves has the right to help and care and to the means that are essential for a dignified existence." The entitlement to secure subsistence laid down in this article forms the most important basis for social assistance at the federal level. However, no statement is made as to what means are necessary for a decent existence. So no subsistence level is justified.Article 115 BV and Competence Act (ZUG)
Article 115 of the Federal Constitution is a competence norm that states that the cantons are responsible for supporting those in need. The cantons are constitutionally obliged to regulate and implement social assistance. However, Article 115 also states that the Confederation can regulate responsibility and exceptions. He regulated this in the Competence Act of 1977. The ZUG deals with social assistance law and essentially regulates the obligation to reimburse costs between the cantons. Furthermore, the responsibility for Swiss nationals with permanent residence abroad, foreigners, refugees or stateless persons is also recorded in the ZUG. In December 2012, the Swiss Parliament decided to amend the jurisdiction law so that the reimbursement obligation of the home canton is abolished.Legislation on social assistance to Swiss nationals abroad
The law on social assistance and loans to Swiss nationals abroad is based on Art. 40 of the Federal Constitution and regulates the entitlement to social assistance for people who are resident abroad, have been there for more than three months or have been abroad after at least three years return to Switzerland and are dependent on support.Social assistance to foreigners
Foreigners from the European Union and EFTA can only receive social assistance if they have a valid residence permit and have worked in Switzerland for at least one year. In June 2017, the Federal Council dealt with the issue of stricter restrictions on access to social assistance for people who are not citizens of EU or EFTA countries.Legal basis from the asylum area
If asylum seekers, temporarily admitted persons, those in need of protection and refugees or persons with a legally binding expulsion decision are dependent on social assistance benefits, the cantons and municipalities are responsible for paying out the benefits, but the costs will be incurred taken over by the federal government. This also gives the federal government the opportunity to enforce provisions on the payment of social assistance benefits for these groups of people.Cantonal level
Each canton has a cantonal social welfare law that has been passed by the respective parliament. The details are regulated by a social assistance regulation. This is issued by the cantonal government. As a result, social welfare law varies from canton to canton. All cantons are based on one or otherwise follow the guidelines of the Swiss Conference for Social Welfare.SKOS guidelines
The Swiss Conference for Social Welfare is a private-law association and professional association on whose board the cantonal social welfare offices, cities, municipalities and regions as well as private social welfare organizations are represented. The cantons, federal offices, cities, municipalities and private organizations are members of the SKOS.The SKOS issues guidelines for the calculation method and for determining the individual support budget receipt of social assistance benefits. These are composed of the basic need for subsistence, the housing costs and the basic medical care as well as the situation-related benefits. With the help of an allowance system, special account is taken of the personal integration efforts and the individual life situation. The guidelines also provide information on the crediting of income and assets, on dealing with financial claims against third parties, on the rights and obligations of those receiving social assistance and on conditions, possible sanctions and measures for integration. These guidelines are advisory in nature. They only become legally binding when they are included in cantonal legislation, municipal legislation or case law. Today, however, all cantons follow the SKOS guidelines to varying degrees.
The guidelines are prepared by practitioners. The "Guidelines and Practical Aid " commission includes over twenty experts from the field of social assistance and management of social services in larger and smaller communities, cities and in German- and French-speaking Switzerland. Changes in directives are also supported by the “Legal Issues” commission from a legal point of view and the “Social Policy and Social Assistance” commission from a socio-political perspective. The guidelines are adopted by the board of SKOS and the board of the Swiss Conference of Cantonal Social Directors. Through this mechanism for determining or revising the guidelines ensures that the guidelines are broadly supported.
Organization of social assistance
Responsibility and implementation of social assistance are organized very differently depending on the canton or municipality. It can be organized on a cantonal, regional or municipal level. With the creation of specialized social services at cantonal or regional level or in large municipalities and cities, the professionalization of social assistance will be strengthened. These social services provide material and personal help in emergencies. It can be assumed that today 80–90% of all people in Switzerland live in the catchment area of such a social service.The social welfare authority also handles appeals against decisions. In the second instance, a cantonal supervisory authority usually deals with it. As a last step, appealing persons can also go to the competent courts.
Numbers
Across Switzerland, 261,983 people received social assistance benefits in 2014. That is 3.2% of the Swiss population. Between 2009 and 2014, the social assistance rate hardly changed. But there are big differences between the cantons. Urban cantons have a higher social assistance rate than rural areas. Young adults, people with a low level of education, single parents and foreigners are particularly dependent on social assistance.Social assistance rate by age group :
- 00–17 years, 5.2%
- 18–25 years, 3.9%
- 26–35 years, 3.9%
- 36–45 years, 3.6%
- 46–55 years, 3.3%
- 56–64 years, 2.7%
- 65–79 years, 0.2%
- 80+ years, 0.3%
- Swiss, 2.2%
- Foreigners, 6.3%
- 65.5% of all cases are single-person cases
- 18.6% of all cases concern single parents
- 10.5% of all cases involve couples with children
- 5.3% of all cases involve couples without children
For 53.5% of all social assistance dossiers, social assistance was the only source of income. In 27.5% of cases, social assistance had to supplement earned income. If the employment percentage was 90% or more, one speaks of working poor.