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RS 861.1 Order of 9 December 2002 on financial aid for extra-family childcare for children

Original Language Title: RS 861.1 Ordonnance du 9 décembre 2002 sur les aides financières à l’accueil extra-familial pour enfants

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861.1

Order on financial aid for extra-family childcare for children

On 9 December 2002 (State 1 Er February 2015)

The Swiss Federal Council,

See art. 9 of the Federal Act of 4 October 2002 on financial aid for extra-family childcare for children 1 ,

Stops:

Section 1 Beneficiaries

Art. 1 1

1 Financial assistance may be provided by:

A.
Bodies responsible for the structures referred to in s. 2, 5 and 8;
B.
Natural or legal persons responsible for projects of an innovative nature according to Art. 14 A .

2 The bodies responsible for a structure which does not allow for the reconciliation of family and work or training cannot benefit from these financial aid.


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Section 2 Financial aid for daytime collective reception facilities

Art. 2 Day collective hospitality structures

1 The structures that host pre-school children are considered as collective daycare facilities.

2 Financial support may be provided for structures which:

A.
Have at least 10 places, and
B.
Are open at least 25 hours a week and 45 weeks per year.

3 Is considered a significant increase in supply:

A.
A one-third increase in the number of seats, but at least 10 places, or
B.
An extension of one-third of the opening hours, but at least 375 hours per year.

4 A structure that changes from a responsible agency or re-opens is not considered to be a new collective day care facility. 1


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Art. 3 Long Term Financing

Day-to-day collective care facilities must provide a plausible explanation for their long-term funding to be provided for at least 6 years.

Art. 4 Calculation and duration of financial aid

1 The financial aid granted for the daytime collective reception facilities shall be paid in the form of lump sum contributions. For the existing structures which increase their supply significantly, only the new places and the extra hours of operation are decisive.

2 Lump sum contributions shall be calculated according to the requirements of Annex 1.

3 The financial aid is paid as follows:

A.
For occupied places: the entire lump-sum contribution for 2 years;
B.
For unoccupied places: 50 % of the lump sum contribution in the first year for which financial assistance is allocated.

Section 3 Financial assistance for after-school childcare facilities

Art. 5 Extra-curricular reception facilities

1 The structures that host school-age children outside the time devoted to teaching are considered to be extra-curricular reception facilities.

2 Financial support may be provided for structures which:

A.
Have at least 10 places,
B.
Are open at least 4 days a week and 36 school weeks per year, and
C. 1
Welcome children during working hours that last at least 1 hour in the morning, at least 2 hours at noon or the whole lunch break (including meals) or at least 2 hours in the afternoon.

3 Is considered a significant increase in supply:

A.
A one-third increase in the number of seats, but at least 10 places, or
B.
An extension of the hours of operation by the increase of one third of the number of hourly blocks, but at least 50 blocks per year.

4 A structure that changes from a responsible agency or that opens again is not considered to be a new after-school reception structure. 2


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).
2 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Art. 6 Long Term Financing

After-school reception facilities must provide a plausible explanation for their long-term funding to be provided for at least 6 years.

Art. 7 Calculation and duration of financial aid

1 Financial aid for after-school reception facilities is provided in the form of lump-sum contributions. For the existing structures which increase their supply significantly, only the new places and the additional time blocks are decisive.

2 Lump sum contributions shall be calculated according to the requirements of Annex 2.

3 The financial aid is paid as follows:

A.
For the occupied places: the whole lump sum contribution for 2 years and 50 % of that contribution in the third year for which the financial assistance is allocated;
B.
For unoccupied places: 50 % of the lump sum contribution in the first year for which financial assistance is allocated.

Section 4 Financial assistance for structures coordinating the day to day care

Art. 8 Structures co-ordinating family day care

1 It is considered to be a coordinating organisation for family day care, including day parents' associations, professional associations, private specialised organisations of public interest and public authorities. 1

2 The structures coordinating the day to day care can receive financial assistance for the following measures:

A.
The training and development of the day parents they occupy or the persons in charge of coordination;
B.
Projects to improve coordination (p. E.g.: design of a network or development of the organisation) or the quality of the reception in daytime families (p. Development of a training module or quality standards).

3 No financial assistance is provided for the individual relations related to the reception and for the individual day families, nor for the salaries of the persons responsible for coordination.


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Art. Calculation and duration of financial aid

1 Financial support for training and development can be up to 150 francs per busy day family, but cover up to one third of the total annual cost. They are granted for up to three years. 1

2 The financial aid granted for projects aimed at improving coordination or the quality of reception in daytime families shall cover one third of the costs taken into account. The costs resulting from a simple and adequate implementation of the measure are taken into account.


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Section 5 Procedure, payment of financial aid and evaluation

Art. 10 Application for financial assistance

1 The application for financial assistance must include:

A.
A detailed description of the project to be supported, including information on the purpose and need, as well as all necessary information concerning the persons involved in the project;
B.
For daytime collective care facilities and after-school reception facilities, a detailed budget and a financing concept that is at least 6 years old;
C.
For measures carried out by the structures coordinating the family day care, a detailed budget and a financing concept, as well as for training and development, an annual programme and the number of working day families.

2 Applications for complete financial assistance must be submitted to the Federal Office of Social Insurance (Office) before the opening of the structure, the increase in the supply or the implementation of the measure, but no earlier than four months before. 1

3 The Office lays down guidelines for the submission of applications and establishes the appropriate forms.


1 New content according to the c. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).

Art. 11 Examination by the canton

1 The Office shall forward the request for financial assistance to the competent authority of the canton in which the reception is to be offered or the measure carried out for opinion. In particular, the cantonal authority shall indicate:

A.
The canton's assessment of the project in principle;
B.
The Township considers that the proposed project meets a need;
C.
If it believes that it meets the quality requirements;
D.
If there is reason to believe that the required authorisation, if any, within the meaning of the order of 19 October 1977 governing the placement of children 1 Will be issued;
E.
The canton's assessment of the concept of financing for the long-term existence of the structure referred to in Art. 2 and 5.

2 The Office shall make available to the canton appropriate forms for consultation.


Art. 12 Decision on the right to financial aid

The Office shall act by decision on the right to financial aid and its duration.

Art. 13 Payment of financial aid

1 Financial assistance is paid annually. They may be paid as soon as expenses appear imminent.

2 The Office shall determine the amount of financial aid:

A.
For daytime collective care facilities and after-school reception facilities: on the basis of annual statistics on the occupancy rate and the annual account arrested;
B.
For the structures coordinating the family day care: on the basis of the certified annual training and development costs as well as the number of occupied day families or the final project count.

3 The above documents must be submitted to the Office within 3 months of the end of the year for which the financial assistance has been allocated or the closure of the project. This period may be extended by a maximum of one month before its expiry on written request and for sufficient reasons. Non-observance without valid reason of the ordinary period or the extended period shall result in a reduction in the financial assistance of one fifth in the event of a delay of up to one month, and of another fifth for each month of further delay.

4 The Office may grant advances on written request. These are paid to the daytime collective care facilities and after-school reception facilities only after the applicants have submitted to the Office a copy of the required authorisation, if any, within the meaning of the order of 19 October 1977 regulating the placement of children 1 And informed it in writing of the opening of the structure or the increase in supply.

5 Beneficiaries of financial assistance are required to inform the Office without delay of any major changes.


Art. 14 Evaluation

1 The Office ensures that the effects of financial assistance are assessed on a regular basis. It can be used by external experts.

2 Beneficiaries of financial aid shall ensure that a statistical statement of their benefits is established and regularly transmit this statement to the Office. The latter prepares the corresponding forms.

Section 5 A 2 Financial assistance for innovative projects

Art. 14 A Projects of an innovative nature

Innovative projects must:

A.
Be likely to have a significant impact and serve as a model for other projects;
B.
Focus on sustainability; and
C.
Be able to be assessed for their achievement and impact.
Art. 14 B Calculation of financial aid

The financial aid granted for projects of an innovative nature covers up to one third of the costs of the project resulting from the elaboration of the detailed concept, the implementation of the project and its evaluation.

Art. 14 C Requests for financial assistance

1 The application for funding for innovative projects must include:

A.
A description of the project to be supported, including information on the purpose and utility of the project, the model value and sustainability, as well as all necessary information concerning the persons involved in the project;
B.
A project funding concept.

2 The application for financial assistance must be submitted to the Office prior to the elaboration of the detailed concept of the project but no earlier than four months earlier.

3 The Office lays down guidelines for the submission of applications and establishes the appropriate forms.

Art. 14 D Procedure for the granting of financial aid

1 The Office shall forward the request for financial assistance to the competent authority of the canton in which the project will be carried out. In particular, the cantonal authority shall indicate:

A.
The canton's assessment of the project in principle;
B.
The Township considers that the proposed project meets a need;
C.
If it believes that it meets the quality requirements;
D.
The amount of the cantonal and communal financial contributions to the extra-family childcare provision for pre-school children in the calendar year preceding the elaboration of the detailed concept of the project.

2 The Office enters into benefit contracts with natural or legal persons responsible for projects of an innovative nature. The benefit agreements set out the objectives to be achieved, the amount and duration of the financial participation of the Confederation, the methods of payment, the consequences in the event of non-implementation, the scientific monitoring of the project, the establishment Reports and evaluation to be conducted.

Section 6 Final provisions

Art. 15 1 Transitional provisions

1 Requests for financial assistance for structures opening up, increasing their supply or starting the implementation of a measure between 1 Er February 2015 and February 28, 2015 and for innovative projects beginning between 1 Er February 2015 and February 28, 2015 must be addressed to the Office no later than February 28, 2015.

2 Requests for financial assistance for structures opening up, increasing their supply or starting the implementation of a measure between 1 Er July 2018 and 31 January 2019 and for innovative projects beginning between 1 Er July 2018 and 31 January 2019 should be sent to the Office no later than 30 June 2018.

3 Applications for financial assistance not later than 1 Er July 2014 and placed on a waiting list in accordance with the order of priority issued under s. 4, para. 3, of the Federal Act of 4 October 2002 on financial aid for extra-family childcare for children 2 Are processed as new requests.


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Feb 2015 ( RO 2015 25 ).
2 RS 861

Art. 16 Entry into force and duration of validity

1 This order shall enter into force on 1 Er February 2003 and has effect until 31 January 2011.

2 The duration of this order shall be extended until 31 January 2015. 1

3 The duration of this order shall be extended until 31 January 2019. 2


1 Introduced by ch. I of O du 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).
2 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Feb 2015 ( RO 2015 25 ).

Annex 1

1 Calculation of lump sum contributions for daytime collective reception structures

1.1
The lump sum contribution for a full-time offer is 5000 francs per seat per year.
1.2
A full time offer corresponds to an annual opening duration of at least 225 days at 9 hours per day, which represents at least 2025 hours of operation per year.
1.3
For offers with shorter opening times, the contribution is reduced in proportion (time factor t).

2 Formula for calculation

Lump sum contribution for year 1 = (a + b) /2 ' T ' 5,000 francs

Lump sum contribution for year 2 = b ' T ' 5,000 francs

Legend:

A
= number of places created
B
= average number of places actually occupied in the year for which the contribution is allocated = "number of hours occupied" divided by "number of hours of operation per year" £ A
T
= time factor = "number of hours per year" divided by "2025 hours" (full-time offer) £ 1

State 1 Er February 2015

Annex 2 1

1 Calculation of lump-sum contributions for after-school childcare facilities

1.1
The lump sum contribution for a full-time offer is 3000 francs per seat per year.
1.2
A full time offer corresponds to an annual opening time of at least 225 days. For offers with shorter opening times, the contribution is reduced in proportion (time factor t).
1.3
For the calculation of lump sum contributions, the working hours for which the children are allowed are decisive. The following blocks are distinguished:
A.
Morning reception: at least 1 hour before the start of the school or at least 3 hours on the days off;
B.
Midday reception: at least 2 hours or all the lunch break, including meals, during school days and during the days off;
C.
Afternoon reception: at least 2 hours after the end of the school or at least 4 hours on leave days.

2 Formula for calculation

Calculation of the share of places created

Hourly Block

Lu

My

Sea

I

Ve

Formula

Morning

å /u ' 0.1 = a P

Midi

å /u ' 0.5 = a Q

Afternoon

å /u ' 0.4 = a R

Calculation of the share of actual occupied spaces

Hourly Block

Lu

My

Sea

I

Ve

Formula

Morning

å /u ' 0.1 = b P

Midi

å /u ' 0.5 = b Q

Afternoon

å /u ' 0.4 = b R

Lump sum contribution for year 1 = (a P + a Q + a R + b P + b Q + b R )/2 ' T ' 3000 francs

Lump sum contribution for year 2 = (b P + b Q + b R ) ' T ' 3000 francs

Lump sum contribution for year 3 = (b P + b Q + b R )/2 ' T ' 3000 francs

Legend:

A
= average number of places created per day
B
= average number of seats actually occupied per day in the year for which the contribution is allocated
P =
Morning
Q =
Noon
R =
Afternoon
T =
Time factor = "number of operating days per year" divided by "225 days" (full-time offer) ≤ 1
U
= number of operating days per week ≥ 4
å
= the sum of the number of places per hour per week

1 New content according to the c. II of the O of 10 Dec. 2010, effective from 1 Er Feb 2011 ( RO 2011 189 ).


State 1 Er February 2015