Asylum Act (AsylA) (AsylA)
Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Provision of Social Assistance, Emergenc
Amended by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
Art. 80 Responsibility in federal centres
1 The Confederation shall provide social assistance or emergency aid to persons staying in Switzerland on the basis of this Act and who are accommodated in a federal centre or in an initial integration centre for groups of refugees. It shall work with the canton concerned to ensure that healthcare and primary education are provided. It may delegate these tasks entirely or in part to third parties. Articles 81–83a apply mutatis mutandis. 2 SEM shall reimburse third party contractors in respect of the administrative and staff costs that they incur in fulfilling their tasks under paragraph 1. The payments shall be determined at a flat rate. By way of exception, the payments may be based on the actual costs, in particularly when reimbursing individual non-recurring costs. 3 SEM may arrange with the canton concerned that it enter into a contract for compulsory health insurance. SEM shall reimburse the costs of the health insurance premiums, deductible and franchise. 4 The canton concerned s
Art. 80 — Amended by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
Art. 80a Responsibility in the cantons
The cantons of allocation shall provide social assistance or emergency aid for persons staying in Switzerland on the basis of this Act. Persons who have not been allocated to a canton shall be granted emergency aid by the canton that has been designated responsible for enforcing removal. The cantons may delegate the fulfilment of these tasks entirely or in part to third parties.
Art. 80a — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
Art. 81 Right to social assistance benefits or to emergency aid
Persons who are staying in Switzerland on the basis of this Act and who are unable to maintain themselves from their own resources shall receive the necessary social assistance benefits unless third parties are required to support them on the basis of a statutory or contractual obligation, or may request emergency aid.
Art. 81 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 82 Social benefits and emergency aid
1 The payment of social assistance benefits and emergency aid is regulated by cantonal law. Persons subject to a legally binding return decision for which a departure period has been fixed are excluded from receiving social assistance. 2 For the duration of an extraordinary appeal or of asylum proceedings under Article 111c, persons under paragraph 1 and asylum seekers shall on application receive emergency aid. This is also the case if enforcement of the removal is suspended. 2bis The cantons may pay social assistance benefits to persons under paragraphs 1 and 2 for the duration of a general moratorium on decision-making and enforcement and if the FDJP so provides. Payments are governed by Article 88 paragraph 2. 3 For asylum seekers and persons in need of protection who do not hold a residence permit, support shall be provided in the form of non-cash benefits wherever possible. The level of support is less than that given to the local population. 3bis The particular needs of unaccomp
Art. 82 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 — Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Para. 2 — Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Para. 2bis — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991). Para. 3
Art. 82a Health insurance for asylum seekers and persons in need of protection without a residence permit
1 Health insurance for asylum seekers and persons in need of protection without a residence permit must be arranged in accordance with the provisions of the Federal Act of 18 March 1994 on Health Insurance (HIA), subject to the following provisions. 2 The cantons may limit the choice of insurers for asylum seekers and persons in need of protection without a residence permit and may specify one or more insurers who offer a special form of insurance in accordance with Article 41 paragraph 4 HIA. 3 They may limit the choice of service providers for asylum seekers and persons in need of protection without a residence permit in accordance with Articles 36–40 HIA. They may do this before designating an insurer in terms of paragraph 2. 4 They may limit the choice for asylum seekers and persons in need of protection without a residence permit designate to one or more insurers who offer insurance with a limited selection of service providers in terms of Article 41 paragraph 4 HIA. 5 The Federal
Art. 82a — Inserted by No II of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4823, 2007 5575; BBl 2002 6845). Para. 1 — SR 832.10
Art. 83 Restrictions of social assistance benefits
1 Social benefits or reduced benefits under Article 82 paragraph 3 must be completely or partially refused, reduced or withdrawn if the beneficiary: a. has obtained them or attempted to obtain them by providing untrue or incomplete information; b. refuses to give the competent office information about their financial circumstances, or fails to authorise the office to obtain this information; c. does not report important changes in their circumstances; d. obviously neglects to improve their situation, in particular by refusing to accept reasonable work or accommodation allocated to them; e. without consulting the competent office, terminates an employment contract or lease or is responsible for its termination and thereby exacerbates their situation; f. uses social assistance benefits improperly; g. fails to comply with the instructions of the competent office despite the threat of the withdrawal of social assistance benefits. h. endangers public security or order; i. has been prosecute
Art. 83 — Expression in accordance with No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). This amendment has been made throughout the text. Para. 1 — Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Para. 1 let. h — Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Para. 1 let. i — Inserted by No I of the FA of
Art. 83a Requirements for the payment of emergency aid
The person concerned must cooperate in the enforcement of a legally binding return decision that is lawful, reasonable and feasible as well as in the determination of whether the requirements for emergency aid are fulfilled.
Art. 83a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 84 Child allowances
Child allowances for asylum seekers' children living abroad shall be withheld during asylum procedures. They shall be paid when the asylum seeker is recognised as a refugee or temporarily admitted in accordance with Article 83 paragraphs 3 and 4 of the FNIA.
Art. 84 — Amended by No IV 1 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). SR 142.20
Section 2 Duty to Reimburse and Special Charge on
Amended by Annex No 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).
Art. 85 Duty to reimburse
1 As far as it is reasonable, social assistance, emergency aid, departure and enforcement costs as well as the costs of the appeal procedure must be reimbursed. 2 The Confederation shall enforce the claim for reimbursement by means of a special charge on assets (Art. 86). 3 The Confederation’s right to reimbursement prescribes three years after the competent authority has been informed, but in any case ten years after the right is created. No interest is charged on reimbursement claims. 4 The canton’s right to reimbursement is governed by cantonal law.
Para. 3 — Amended by Annex No 1 of the FA of 15 June 2018 (Revision of the Law of Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
Art. 86 Special charge on assets
1 Asylum seekers, persons in need of protection without a residence permit and persons subject to a legally binding return decision who have assets at their disposal are liable to pay the special charge. The special charge serves to cover the overall costs in accordance with Article 85 paragraph 1 generated by all these persons and their dependents. 2 The special charge is levied by confiscating assets. 3 The competent authorities may only levy the special charge if the persons concerned: a. are unable to prove that the assets derive from earned income or compensation for loss of earned income or from public social assistance benefits; b. are unable to prove the origin of the assets; or c. are able prove the origin of the assets, but these exceed the amount determined by the Federal Council. 4 The obligation to pay the special charge continues to apply for a maximum of ten years after filing the application for asylum or the application for temporary protection. 5 The Federal Council s
Art. 86 — See also the transitional provision to the Amendment of 16 Dec. 2016 at the end of this text.
Art. 87 Disclosure of assets and procedure on departure
1 Asylum seekers, persons in need of protection who do not have a residence permit and persons subject to a legally binding return decision must disclose any assets that they have that do not derive from earned income. 2 Confiscated assets shall be reimbursed in full on request if the person concerned leaves the country under supervision within seven months of filing the application for asylum or the application for temporary protection. The request for reimbursement must be made before departure.
Art. 87 — See also the transitional provision to the Amendment of 16 Dec. 2016 at the end of this text.