Social assistance for Ukrainian refugees: mixed opinions

Context

TL;DR

• The Cantons will be able to set the amount of social assistance S
• Next year, 46'000 refugees will be able to receive it
• Consultation on Asylum Ordinance 2 until October 15
• Cantonal laws to be adjusted by March 1, 2027

Key facts

• Subject → amendment of Asylum Ordinance 2
• Beneficiaries → Ukrainian refugees with S status
• Figure given → 46'000 people next year
• Consultation → until October 15
• Deadline for cantonal laws → March 1, 2027
• 2027 relief package → global lump sum abolished for some S-status holders

BERN - The draft submitted for consultation on the amendment of Asylum Ordinance 2 provides for the cantons to determine the amount of social assistance intended for Ukrainian refugees benefiting from S status. The Confederation is reducing its financial commitment for cost-saving reasons and therefore intends to leave the task of setting benefits to the cantons, as they will bear the costs.

Starting next year, 46'000 Ukrainian refugees will be able to receive social assistance for the first time. The amendment, concerning the adjustment of Asylum Ordinance 2, was submitted for consultation until October 15.

Why the ordinance is being amended

Mathias Reynard, president of the Conference of Cantonal Directors of Social Affairs, explained to Keystone-ATS that without the amendment, people with S status would receive the same social benefit as residents. The amount would therefore be higher than the amount currently in force for asylum seekers. This would result in a considerable increase in costs for the cantons.

The financial pressure has also increased as a result of another decision. The 2027 relief package abolished the global lump sum that the Confederation paid to the cantons for people with S status who held a residence permit for more than 5 years. The federal draft therefore forms part of a cost-sharing arrangement in which the Confederation's commitment is decreasing while the cantonal one is growing.

Positions in the consultation

The cantons had asked to be able to determine the amount of benefits independently, and the draft accepted this request. In future, the amounts may be reduced to match those provided for asylum seekers.

The municipalities welcome the amendment but ask to have a say. The Association of Swiss Municipalities emphasizes that they bear the main financial burden. Humanitarian organizations, on the other hand, point to possible social consequences. The issue therefore remains open between cantonal autonomy, the transfer of costs and concerns about protecting people with S status.

Operational details

Three scenarios for the Cantons

The practical scope of the project emerges from a comparison of three outcomes already indicated in the consultation. The first is what would occur without an amendment: holders of S status would receive the same subsidy as residents, with an amount higher than that currently provided for asylum seekers. For the Cantons, the indicated consequence is a significant increase in costs.

In the second scenario, decision-making discretion passes to the Cantons. Amounts may fall to the level of social assistance provided for asylum seekers. The difference is therefore not merely administrative: it can translate into different benefits depending on the cantonal decision. The project thus links the determination of the amount to the Cantons' ability to directly bear the associated cost.

The legal and social risk

Potential litigation opens a third scenario. PS, OSAR, Caritas and Verdi fear poverty and unequal treatment before the law; they also point to obstacles to integration and participation in social life. A ruling could require the Cantons to pay the full amount of social assistance retroactively. The decision on the amount would thus have financial consequences even after its implementation.

The PLR focuses on the revision's compatibility with the Convention relating to the Status of Refugees and asks the Federal Council to clarify the legal issue. The UDC, by contrast, takes a cost-saving approach: it approves moving away from equivalence with benefits for Swiss citizens, but considers the savings potential in the asylum sector still untapped and calls for the project to be strengthened.

For municipalities and Cantons, the comparison therefore concerns two opposing risks: on the one hand, higher costs if the ordinance remains unchanged; on the other, litigation and possible back payments if the reduction does not withstand legal scrutiny.

Key points

Following the dossier, step by step

The source indicates a useful sequence for understanding the change without confusing the levels of decision-making. First comes the federal consultation on Asylum Ordinance 2; then, if the amendment is adopted, the cantons will be able to set the amounts; finally, their social assistance laws will have to be adjusted by the deadline referred to by PLR. For municipalities, the request to participate in the decisions remains open, because they bear the main financial burden.

Four operational steps

1. Until October 15, follow the consultation on the adjustment of Asylum Ordinance 2. This is the first deadline explicitly indicated in the source.

2. During the autumn, distinguish the political aspiration from the final decision: PLR is calling for the amendment to be adopted during this period, so as to leave the cantons time.

3. After any possible adoption, monitor the cantonal determination of the amount. The project provides that the cantons may set lower benefits, down to the level provided for asylum seekers.

4. By March 1, 2027, follow the adjustment of the cantonal social assistance laws, a deadline indicated by PLR to allow the cantons to complete the legislative work.

For a person with S status, the practically decisive factor will be the amount set by the competent canton. The source indicates that it could be reduced to the level of the benefit provided for asylum seekers. However, no single figure is reported: the comparison will therefore have to focus on the cantonal decision that follows any federal amendment.

For municipalities, the step to follow is the request to have a say in the decisions, since the Swiss Association of Municipalities attributes the main financial burden to them. For political parties and humanitarian organizations, the key issues remain compatibility with the Convention relating to the Status of Refugees, the risk of appeals, and the consequences for poverty, integration, and social participation.

Until these steps are completed, the operational data is not a definitive amount, but the transfer of authority envisaged by the project and the political timetable indicated in the source.

Source: tio.ch