Federal court overturns verdict: social assistance despite refusal of assessment by the IV

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Even if a person opposes the clarification of a right to an IV pension, their social assistance should not be completely stopped. Otherwise, the fundamental right to emergency aid would be violated. This was decided by the Federal Supreme Court in the case of a Ticino.

As of 2004, the man was repeatedly dependent on social assistance and received a total of CHF 307,000 in support. The Office of Social Assistance and Integration of the Canton of Ticino refused to provide further assistance in 2021. This is evident from a decision of the Federal Supreme Court published on Tuesday.

right to a dignified existence

The authorities justified their decision with the fact that the 49-year-old had already refused a psychiatric examination several times. This should clarify whether he is entitled to a disability pension. Because social assistance is subsidiary, it does not have to be paid if there is a right to social security benefits.

The federal court partially approved the man’s complaint. It explains that according to the federal constitution, every human being has the right to resources necessary for a dignified existence. This emergency aid is provided when someone cannot save themselves and other help cannot be organized in time.

Any social assistance denied

In the present case, any social assistance was refused. The sufferer also received no urgent needs for food, shelter, clothing, and basic medical care. According to the Federal Supreme Court, the subsidiarity principle applicable to social assistance was not correctly applied and the right to emergency aid was violated.

The complainant had not had a sufficient alternative source of income available to him in time. By refusing the assessment, he made it impossible to clear an entitlement to an IV pension.

However, this claim is only hypothetical until the IV authorities make a decision. The amount of a pension is also not fixed until then. As long as the formal decision has not been made, the person concerned has no money to support himself.

Bureau must reassess case

The federal court dismissed the case. The authority would have other options for punishing the man’s behavior. In this sense, the Bureau must reassess the case. (sq/SDA)

Source:Blick