Facts
The spouses [A.] and [G.] were financially supported by the social welfare office of Basel-Stadt from July 2002 to April 2009. After a traffic accident, they received insurance benefits as advance payments from the liability insurer in December 2007 and May 2008. The social welfare authority then discontinued its support, as the complainants were no longer in need. On December 17, 2009, the social welfare authority ordered the reimbursement of the unjustly received social assistance benefits in the amount of CHF 23,200.70 plus interest.
The Appellate Court of the Canton of Basel-Stadt dismissed the appeal against the reimbursement order. [A.] and [G.] then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the principle of subsidiarity applies in social assistance law and that the income and assets of persons in need take precedence over public welfare. The compensation for household damage constitutes an asset accrual that must be taken into account in the means test. Furthermore, the…