Key Benefits:
(art. 3, para. 1, let. B, LAFam)
1 A right to a vocational training allowance exists for children engaged in training within the meaning of s. 25, para. 5, of the Federal Act of 20 December 1946 on the old-age and survivors insurance (LAVS) 1 .
1 RS 831.10
2 Repealed by c. I of the O of 24 Sep. 2010, with effect from 1 Er Jan 2011 ( RO 2010 4591 ).
(art. 3, para. 2 and 3, LAFam)
1 A right to a birth allowance exists where the cantonal family allowance scheme provides for a birth allowance.
2 Where only one person is entitled to the birth allowance, the person is paid, even if another person has a priority entitlement to family allowances for the same child.
3 The birth allowance is paid:
4 Where more than one person can claim a right to the birth allowance for the same child, the right to that benefit belongs to the person entitled to the child allowance for that child. If the second person's entitlement is higher, the latter is entitled to the payment of the difference.
(art. 3, para. 2 and 3, LAFam)
1 A right to an adoption allowance exists where the cantonal family allowance scheme provides for an adoption allowance.
2 Where only one person is entitled to the adoption allowance, the adoption allowance is paid to him, even if another person has a priority entitlement to family allowances for the same child.
3 The adoption allowance is paid:
4 Where more than one person can claim the right to the adoption allowance for the same child, the right to that benefit belongs to the person entitled to the child allowance for that child. If the adoption allowance of the second person is higher, the latter is entitled to the payment of the difference.
1 RS 211.222.338
(art. 4, para. 1, let. B, LAFam)
1 The children of the spouse of the beneficiary are entitled to the family allowance if they live most of the time in the home of the right person or have lived there until their majority.
2 Also considered as children of the spouse the children of the partner within the meaning of the law of 18 June 2004 on the partnership 1 .
(art. 4, al.1, let. C, LAFam)
(art. 4, para. 1, let. D, LAFam)
The person having the right to care for the child preponderantly:
(art. 4, para. 3, LAFam)
1 For children who are domiciled abroad, family allowances shall be paid only if provided for by an international convention.
1bis For children leaving Switzerland to attend training, it is assumed for five years at most that they retain their residence in Switzerland. This period shall begin at the earliest as soon as the child reaches the age of 16.
2 Employees compulsorily insured under the AVS in accordance with Art. 1 A , para. 1, let. C, or para. 3, let. A, LAVS 2 Or under an international convention are entitled to family allowances for children domiciled abroad even if no international convention provides for it.
1 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4951 ).
2 RS 831.10
(art. 4, para. 3, and 5, para. 3, LAFam)
1 For the adjustment of the amounts to the purchasing power, the following rates shall apply:
2 The distribution of home countries is adapted at the same time as the minimum amounts of family allowances.
3 The assignment of a country to a group referred to in para. 1 is based on World Bank data in Washington (Purchasing Power Parities). The data as published by the World Bank three months before the entry into force of the LAFam or the adaptation of the minimum amounts under Art. 5, para. 3, LAFam. The Federal Office for Social Insurance (Office) publishes in the Guidelines a list of countries with their assignment to a group.
(art. 12, para. 2, LAFam)
Establishments or facilities in which a secondary or tertiary activity is carried on for an indefinite period shall be considered as branches.
(art. 13, para. 1, 2 and 4, LAFam)
1 If the employee is prevented from working for any of the reasons set out in s. 324 A , para. 1 and 3, of the code of obligations (CO) 1 , the family allowances are paid, from the beginning of the incapacity to work, during the current month and the following three months, even if the statutory right to pay has ended.
1bis If the employee takes leave without pay, family allowances shall be paid at the beginning of the leave, during the current month and the following three months. 2
1ter After a break in accordance with para. 1 or 1 Bis , the right to family allowances exists on the first day of the month of the resumption of work. 3
2 The right to family allowances remains even without a statutory right to pay:
3 If the employee dies, the family allowances are paid during the current month and the following three months.
1 RS 220
2 Introduced by ch. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4951 ).
3 Introduced by ch. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4951 ).
(art. 13, para. 2 Bis , LAFam)
1 The right to family allowances for self-employed is born on the first day of the month in which the independent activity begins and expires on the last day of the month in which the independent activity ceases.
2 As regards the right to family allowances for self-employed persons in the event of interruptions in the gainful occupation or death of the independent person, art. 10 shall apply mutatis mutandis.
1 Introduced by ch. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
(art. 13, para. 3, LAFam)
If a person is employed with more than one employer or is employed at the same time as a self-employed person, the different income is added together to determine income.
1 Introduced by ch. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
(art. 13, para. 4, let. B, LAFam)
1 If a person is employed with several employers, the appropriate family allowance fund is that of the employer paying the highest salary.
1bis If a person is simultaneously engaged in self-employment and self-employment, the family allowance compensation fund of his employer shall be competent:
2 The Office shall issue directives on the designation of the competent family allowance compensation fund for persons engaged in a number of short-term or irregular dependent or independent activities. 3
1 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
2 Introduced by ch. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
3 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
(art. 14 LAFam)
1 A compensation fund for family allowances of a single employer (caisse d' entreprise) cannot be recognised as a compensation fund for family allowances within the meaning of Art. 14, let. A, LAFam.
2 Compensation funds for family allowances within the meaning of Art. 14, let. C, LAFam shall announce itself to the competent authority of the canton in which they wish to be active.
(art. 15, para. 1, let. B, and 3, LAFam)
1 The compensation funds for family allowances are financed by contributions, income and levies from the hedge reserve and payments from possible compensation Cantonal.
2 The fluctuation risk coverage reserve is adequate when it has reached a minimum of 20 % and a maximum of 100 % of the average annual expenditure on family allowances.
(art. 17, para. 2, let. E, LAFam)
Any surplus resulting from the merger or dissolution of compensation funds for family allowances within the meaning of s. 14, let. A or c, LAFam is used for family allowances.
1 The Federal Compensation Fund (CFC) administers a compensation fund for family allowances for the federal government, federal courts and federal institutions. There are also other institutions which are subject to the high level of supervision of the Confederation or which have close relations with the Confederation.
2 The EFA family allowance fund is a special fund within the meaning of s. 52 of the Finance Act of 7 October 2005 1 .
3 The Confederation shall make available to the Account for Family Allowances of the CFC the staff, premises and means of operation necessary for compensation. Employers are responsible for the indemnification of the Confederation and other administrative costs. The latter are also involved in the creation of a risk-hedging reserve.
4 The Federal Department of Finance may, in agreement with the Federal Department of the Interior and the Federal Department for Foreign Affairs, issue implementing provisions concerning, inter alia, the organization, membership in the funds, the Control of employers, contributions, administration fees, the creation of a fluctuation risk coverage reserve and the revision of the funds.
(art. 19, para. 1, LAFam)
Not considered to be persons without gainful employment within the meaning of LAFam:
1 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
2 RS 831.10
3 Introduced by c. I of O du 28 oct. 2009, effective since 8 Nov 2009 ( RO 2009 5367 ).
4 RS 142.31
(art. 19, para. 2, LAFam)
For the calculation of the income of persons without gainful employment, taxable income under the Federal Direct Tax Act of December 14, 1990 1 Is decisive.
The cantons may lay down provisions which are more advantageous for the beneficiaries.
1 The Family Allowance register contains the following data:
2 The Office shall issue directives on the details of the data to be seized.
The following services have access to the family allowance register by means of an appeal procedure:
1 The competent authorities with regard to adoption and measures for the protection of the child may, for the benefit of the child, request the Central Compensation Centre to make the data concerning a child inaccessible to the public.
2 The clearing house shall make the data inaccessible to the public within the period of one working day following the request.
1 As soon as the services referred to in s. 21 C LAFam accepts a claim for family allowances or makes a change affecting entitlement to allowances, they provide the data according to s. 18 A , para. 1, to the clearing house within the period of one working day.
2 Employers provide the services referred to in s. 21 C LAFam the data necessary for the fulfilment of the obligation to communicate provided for in para. 1 continuously. When they become aware of a change affecting entitlement to allowances, they shall communicate it within the 10 working day period.
1 The Office shall monitor at least once a year the number of communications made by each service cited in Art. 21 C LAFam.
2 If there are errors or omissions, it is the duty of the service concerned to deliver the necessary data by providing it with a delay.
3 If the service does not comply with the summons, the Office shall inform the competent supervisory authority.
1 The transfer of data between the services cited in s. 21 C LAFam and the Clearing House are done by means of an electronic procedure.
2 The clearing house enters the data in the Family Allowance Register after completing the necessary checks.
3 Services cited in s. 21 C LAFam is responsible for the accuracy of the data.
1 Services cited in s. 21 C LAFam is consulted on issues relating to the exploitation and further development of the Family Allowance Register.
2 They may, in particular, table proposals on further development and take a position on the Confederation's proposals.
1 Data protection and computer security are governed by the following provisions:
2 The clearing house, the services cited in art. 21 C LAFam and employers take the organizational and technical measures necessary to secure the data.
1 RS 235.11
2 RS 172.010.58
3 These guidelines are available in electronic format on the IC website: www.isb.admin.ch/themen/sicherheit/00150/00836/index.html?lang=fr
1 Data from the Family Allowance Register shall be kept for five years from the end of the month in which entitlement to family allowances has been extinguished. At the expiration of this period, they are proposed to the Federal Archives.
2 They are destroyed if the Archives does not consider their archiving to be useful.
1 The Office and the relevant family allowance compensation funds are entitled to appeal to the Federal Court against judgements handed down by the cantonal insurance courts. The Office also has standing to appeal against judgements rendered by the Federal Administrative Tribunal.
2 Judgments must be notified by registered letter to the competent authorities.
1 A statistic on family allowances is established for the whole of Switzerland. Information on benefits paid in the sense of LAFam to employees, self-employed persons and persons without gainful employment is collected. 1
2 In particular, the statistics shall contain data concerning:
3 The cantons collect data from the compensation funds for family allowances. The Office shall issue directives on data collection and their presentation and processing by canton.
1 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
2 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
3 New content according to the c. I of the O of 26 Oct. 2011, effective from 1 Er Jan 2013 ( RO 2011 4951 ).
The Office shall be responsible for the execution of this Order subject to s. 15 and 23, para. 2.
The amendment to the existing law is set out in the Annex.
1 If the reserve of coverage within the meaning of s. 13, para. 2, is greater than the average annual expenditure at the time of the entry into force of the LAFam, it must be reduced within three years.
2 The Account for Family Allowances of the EFA shall reimburse the Confederation for the costs arising from its creation, paid in accordance with the interest of the market, within three years of the entry into force of this Order. It impacts these costs on employers.
1 The Family Allowance Register will be put into service during the year 2011. The Office shall fix the date in agreement with the Clearing Central and shall inform the services referred to in Art. 21 C LAFam at least two months in advance.
2 Services cited in s. 21 C LAFam communicates to the clearing house, until the 15th of the month preceding the commissioning, the data according to the art. 18 A , para. 1, for all family allowances paid from the date of commissioning.
1 Introduced by ch. I of the O of 7. 2010, in force since October 15. 2010 ( RO 2010 4495 ).
This order shall enter into force on 1 Er January 2009.
(art. 22)
The following orders are amended as follows:
... 1
1 The mod. Can be viewed at RO 2008 145 .