Friday 19 February 2010, arbitrariness 64.Tag
The existence of safety is in the Federal Constitution (Article 12) and is implemented by the individual subsistence. From the different legal bases and tasks of social assistance, supplementary benefits and the collection and bankruptcy procedures, there are different livelihoods.
The differences in the identification operations, the fundamentals of individual Notbedarfs, calculations and amounts. Between the poverty of welfare and the poverty of the supplement, can not add individual financial assets (livelihood) will be replaced.
The District Court in its Judgement of 10 05. A1 07 10 07 in these issues in detail and in principle deals. In the observations on the various responsibilities were (social insurance (EL) federal, cantonal social assistance, SchKG Federation) above. For a uniform minimum subsistence Nationwide, there are no single solution and no framework legislation.
The two inserted tables present the components and the different calculations between benefits and social assistance, and the resulting different sorts of services.
Essential and basic Goods and services should, with a minimum financial income (Notbedarf), are made possible and guaranteed. The social subsistence level, should allow a modest standard of living, in addition to vital basic needs, a participation in social and cultural life.
The SKOS guidelines correspond to the meaning of the Swiss Conference of Social Assistance Directors, established by experts principles. The basis for calculating the additional entitlement to AVS and IV are defined in the policy making process of the commissions.
The above two are joined by the running non-subsistence level, it meets the requirements of the Bankruptcy Law and the principles of the Conference of debt collection and bankruptcy officials.
The A1 07 10 prevented the intention in setting social assistance connect the lower approach to living according to SKOS, with the lower rental housing from the calculation model of the supplement.
The council took place with the order of 29 01. 07, next to Andren Errors, the absolute value of the adjustment to the EL rent. The injunction was in A1 07 110 repealed the decisive points and turned back at the municipality. This illegal trick the municipality or the SMZ Nikolaital their obligation would be reduced to 550.00 months Fr.
led the misconduct of the municipality in addition, by ignoring the suspensive effect of this complaint and the illegal withholding of the payments of subsistence for the resolution of our existing direct lease (monthly rent Fri 1'800 .00) with the landlord. (See blog third residential ratio)
For the same apartment closed the municipality for CHF 2'400 .00 (600.00 plus Fr), immediately before the decision directly to the A1 07 110 Owners sign a contract. They "set" itself and us, on 18 12. 09, somewhat unusually, more reserved, from this house to the street.
assets
From the foregoing representations are the differences of the two Existenzminima, you can come in the legal documents and guidelines further observations that are missing here.
The calculations have to supplement variations in the light of the assets on to welfare. This is due to the jurisdiction of the federal government (social security) and the cantons (social assistance).
The District Court ruling, the public service department from 04 02. 10, on 11 02. 10 here to date, published in the blog was referring to the method S1 08 73 and the verdict of 26 08. 09 of the social security department of the District Court. In its considerations, it is expressed, the fixing and the inclusion of the market value in the determination of supplementary benefits. Particular to cantonal regulations concerning the supplementary benefits to the AHV / IV of 09 12. 1998 Article 8, paragraph 2:
"2 The fair value generally corresponds to the the previous two years the sale of properties in the same local group achieved average price. Should the tax be equal to the fair market value, this is for the supplement calculation prevail. If the tax obviously
too low or too high, is made by the fund in cooperation with the local Commission for the land estimations a new estimate. "
The second and third set these regulations leave too much room and prevent some EL orientation. In theory, already a slightly higher Verkehrsschatzung argues against the alignment of a supplement. Whether and how high and whether the discretion of the competent authority is available to regulated, remains open here. The add-back of 1 / 15 of market value as revenue unavailable to the available income (eg pensions), brought the cows, goats and sheep in the hay, the owners but not a "bread".
The standard deduction in determining the EL assets is still .00 CHF 40,000, the question is right: Why is not this today's CHF 60'000 .00 adjusted the tax assessments?
the Valais social politicians queue would be good if they pay more attention to this fact and would have placed in the "gray panthers" and their "exploitation" a little more interest. Higher hurdles for EL mean a different kind of "retirement Klaus.
observing and should clear the legislature with the first sentence of the ELR article 8, paragraph 2, it can from the regulation because lapsed be removed, because the social security department of the District Court states:
The standard deduction in determining the EL assets is still .00 CHF 40,000, the question is right: Why is not this today's CHF 60'000 .00 adjusted the tax assessments?
the Valais social politicians queue would be good if they pay more attention to this fact and would have placed in the "gray panthers" and their "exploitation" a little more interest. Higher hurdles for EL mean a different kind of "retirement Klaus.
observing and should clear the legislature with the first sentence of the ELR article 8, paragraph 2, it can from the regulation because lapsed be removed, because the social security department of the District Court states:
The extracts from the judgments that define the various authorities on the one hand the relevant subsistence level, there are also other, different rights for the exercise of these remedies.
The judges in the social welfare leads (VVRG) via appeal to the Privy Council, related to the legal department of the District Court, the Federal Court in Lausanne.
The appeal to the Social Security begins adopted, with an objection procedure that authority to the site (Cantonal AHV / IV / EL agency ") has and passes through the social security department of the District Court to Federal Insurance Court in Lucerne.
running non-running differences over the district courts as the lower and the District Court as a supervisory body to the top Federal Court in Lausanne.
"Gsottes, Härpfel Chabus and" you can not offer the same plate, but they still differ in growth, harvest and taste. "
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