Reimbursement of Social Assistance Costs for Swiss Abroad by the Federal Government

Facts

Dual Swiss-Brazilian citizen M. returned to Switzerland as a returnee on May 4, 2008 and was supported by the Social Services of the City of Zurich. The Canton of Zurich reported the case of support to the Federal Office of Justice and requested reimbursement of costs by the Federal Government for the period from May 4 to August 3, 2008. The Federal Office acknowledged its fundamental obligation to provide benefits, but reduced the invoice by the rent for the month of August 2008. The Canton of Zurich filed a complaint against this reduction.

Considerations

The Federal Supreme Court dismisses the complaint. It holds that pursuant to Art. 3 para. 1 sentence 1 of the Federal Act on Welfare Benefits for Swiss Abroad (ASFG), the Federal Government is only required to reimburse rental costs pro rata temporis that relate to the first three months after the return of the Swiss abroad. A formal approach that is based on the date of payment would lead to the Federal Government having to provide reimbursements for payments that cover the need for social assistance for a much longer period. However, this would be contrary to the purpose and intent of the provision, which expressly limits the Federal Government's reimbursement of costs to "no more than" three months. In…