Poverty Governor approves complaint against bridging assistance in Bern
The SVP has achieved a partial victory in its dispute with the City of Bern over bridging assistance for people living in poverty. Its appeal against the extension of the bridging assistance has been approved by cantonal governor Ladina Kirchen (SP).
10.09.2024, 11:43
10.09.2024, 16:07
SDA
The city launched a pilot project in 2023. It provides low-threshold financial support for people affected by poverty who do not receive social welfare. People in acute need should receive a one-off payment of up to CHF 3,000, couples a maximum of CHF 5,000.
The district governor recognizes the bridging assistance as social welfare, as she announced on Tuesday. She came to the conclusion that the payment was unlawful. This is because it is a violation of immigration law.
The city of Bern launched the pilot project at the beginning of 2023 and concluded a one-year service agreement with the Roman Catholic parish. The contract was extended by one year at the end of 2023.
People in precarious circumstances, including those affected by poverty with a valid residence permit B, C, F or L and so-called sans-papiers, are to benefit from the bridging assistance. They often do not receive social assistance for fear of the consequences under immigration law.
Success for the SVP
At the beginning of 2024, SVP city councillor Janosch Weyermann and SVP councillor Thomas Fuchs filed an appeal against the extension of the bridging assistance. Among other things, they saw a violation of the obligation to register social assistance under immigration law.
The reporting obligation is intended to ensure that the migration authorities have important information at an early stage that could be relevant for the assessment of proceedings under immigration law. Depending on the foreigner's status, the receipt of social assistance can lead to the right of residence not being extended or even being revoked.
The governor ruled in favor of the complainants. The offer of bridging assistance runs counter to the mechanisms required by federal law on foreign nationals.
2023 service agreement "not null and void"
Kirchen upheld the appeal insofar as it concerned the extension of the bridging assistance from January 2024. However, the 2023 service agreement is "not null and void".
Legal certainty takes precedence and a reversal would not be practically feasible. Furthermore, it cannot be assumed that the City of Bern and the Roman Catholic parish deliberately wanted to bring about an unlawful outcome.
