A man who received social welfare for over a decade must now repay 52,000 Swiss francs to the City of Bern. This decision comes after he inherited and sold a share in a property. The Bern Administrative Court upheld the repayment order, rejecting his claim of a hardship case.
Key Takeaways
- A man must repay 52,000 francs in social welfare benefits.
- The repayment follows the sale of an inherited property share.
- He received approximately 260,000 francs in welfare from 2009 to 2022.
- The Bern Administrative Court rejected his hardship appeal.
- The court found the repayment reasonable despite his arguments.
Court Orders Welfare Repayment
The Bern Administrative Court confirmed that individuals who receive social welfare and later acquire assets must generally repay the benefits. This ruling, published on a Monday, affects a man who received substantial financial assistance from the City of Bern. Between 2009 and 2022, he received around 260,000 francs in welfare payments.
Following the sale of an inherited property share, the City of Bern demanded the repayment of 52,000 francs. The court viewed these payments as an advance on his future inheritance. The man appealed this decision, citing a hardship case, but his appeal was unsuccessful.
Key Figures
- 260,000 francs: Total social welfare received from 2009 to 2022.
- 52,000 francs: Amount ordered for repayment.
- 181,000 francs: Proceeds from the sale of the inherited property share.
- 13 years: Duration of welfare receipt.
Inheritance and Property Sale
The man inherited a share of a property located in the Bernese Oberland after his father's death. In December 2022, he sold this share within the community of heirs. This transaction generated proceeds of approximately 181,000 francs for him. This significant financial gain triggered the City of Bern's demand for repayment.
The demand specifically covered social welfare benefits paid between March 2020 and January 2022. These payments were retrospectively categorized as an advance on his expected inheritance. The court's decision underscores the principle that welfare is a temporary support system, not a permanent entitlement when financial means become available.
"The court found that no indications existed suggesting a repayment would hinder his integration. The man has focused for years on his own philosophical project and has not achieved sustainable professional reintegration despite a good education."
Hardship Argument Rejected
The man argued that repaying the 52,000 francs would jeopardize his professional and social integration. However, the court did not accept this argument. It noted that the man had been pursuing a personal philosophical project for years. Despite having a good education, he had not achieved long-term employment. The court concluded that waiving the repayment would not change this situation.
According to the court, there was no evidence that the repayment would prevent his integration into society or the workforce. This assessment was crucial in dismissing his claim of hardship. The court emphasized the man's long-standing professional situation.
Welfare Repayment Principles
In Switzerland, social welfare recipients are generally expected to repay benefits if their financial situation improves significantly. This often occurs through inheritance, lottery winnings, or substantial income. The purpose is to ensure fairness and the sustainable use of public funds. Courts typically assess whether the repayment is reasonable given the individual's new financial circumstances.
Repayment Deemed Reasonable
The court found no other grounds for a hardship case. It stated that the man was aware that social welfare benefits would need to be repaid once the inheritance was disbursed. The court also determined that the demand for repayment was not disproportionate. Given the significant proceeds from the property sale, he could have set aside funds for this purpose.
Even considering his personal and financial situation, the court deemed the repayment of 52,000 francs to be reasonable. The appeal was dismissed as clearly unfounded. The man has the option to appeal this decision to the Federal Supreme Court within 30 days.
This ruling reinforces the legal framework regarding social welfare in Switzerland. It highlights the responsibility of recipients to repay benefits when their financial circumstances improve. The case sets a precedent for similar situations involving inherited assets.
- The man was aware of repayment obligations.
- He received substantial proceeds from the sale.
- The court found the repayment amount proportionate.
- His appeal was rejected as unfounded.