Switzerland - Article 28

I - The resources and income of disabled people.

  1. Are there specific legislative procedures for disabled people to enable them to have a minimum of resources ?
  2. Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives ?

II - Disability compensation.

I –THE RESOURCES AND INCOME OF DISABLED PEOPLE.

A) An average of 70% of blind and seriously partially-sighted people of working age are unemployed. Are there specific legislative procedures for disabled people in your country to enable them to have a minimum of resources?

Yes

If yes: what are these allowances?

The “Assurance Invalidité AI” (Invalidity Insurance) helps for the social rehabilitation. The insurance offers physical help (like rehabilitation measures and diverse services) and also financial assistance by funding the diverse auxiliary devices or means and by offering correct living conditions.

Give specific details of the following aspects:

 

  1. Criteria of eligibility
    1. Age.

      - Minimum:
      From birth but there are special dispositions for young people. When a person is born blind and/or could not complete professional training because of a disability (as defined by the AI), the provisions are different. The annuity is defined as follows: the income that the disabled person could have obtained if she was not suffering from a disability based on the average income of employees as a percentage of the age group.

      It should also be noted that below age 20, a person does not receive monthly pension funds but the AI pays auxiliary costs for training  and techniques to lead normal life and obtain self-fulfillment.

      - Maximum:
      Until pension age (after this, pension insurance takes over).

    2. Level of disability.
      The invalidity insurance calculates the level of handicap compared to the work capacity. An annuity from a quarter to a full pension is available to the patients depending on the degree of possible work. The exact definition that a person may apply to AI is the following: “Entitled to the allowance of AI the policyholders who, by reason of injury to their health, are totally or partially prevented for engaging in gainful employment or to perform their usual activities. This condition must be of a permanent or at least durable nature. Insured persons under the age of 20 also receive an allowance when the AI is likely that their condition will be an obstacle to the exercise of gainful employment”.
    3. Nationality.
      All persons who live or work in Switzerland are entitled to the allowance. There are agreements with individual countries too (quoted in the brochure: look at the sources) so that residents can also benefit from these allowances.
    4. Conditions of residence in the country.
      There are no conditions of residence. People with Swiss nationality or working in Switzerland can apply to receive the allowance of the AI without necessarily living on Swiss territory.
  2. Financial conditions.
    1. Ceiling.
      - Is the allowance means-tested?

      There are no conditions. Even if a person has money, if they cannot perform gainful activity because of a disability, they may, if rehabilitation is not possible or not possible at 100%, receive a pension. The pension is calculated in the same way as the AVS (pension insurance).

      http://www.ahv-iv.info/iv/00234/00243/index.html?lang=fr
      There is a complementary offering consist of private associations that assist people with disabilities and their families.


    2. Calculation of financial conditions.

      - If the allowance is means-tested, state under what conditions.

      They are funded on the condition that the insured complies with the Office AI.

  3. Amount of the allowance.
    1. Normal rate.

      - What is the amount of the allowance given to people with no other income, state briefly how the allowance varies according to other income or resources.
       

      The allowance is calculated on the salary that the insured should have had before the disability. There is also an average of the yearly salary of the employee.

      - What is the amount of the allowance given to people with no other income; state briefly how the allowance varies according to other income or resources.

      The pension is calculated on the duration of membership in the insurance (during which the insured has paid dues) and the average annual income during this period. The pension is at least CHF 1140.- per month to 100% and a maximum of CHF 2280 .- per month to 100%.

    2. Reduction of the allowance.

      - State briefly under what circumstances the allowance may be reduced.

      The AI regularly controls its policyholders to see if it is possible to attempt professional integration. If so, the pension may be reduced once the integration work is accomplished. The purpose of the Disability Insurance AI n is not paying rent but try and ensure professional insertion.

  4. Minimum wage and “poverty line”.

    - In order to compare the situation in different EBU member states, please indicate the minimum wage (if this exists in your country) for a full-time worker, and what is considered to be “the poverty line”.

    There is no minimum wage in Switzerland in labor law. On the other hand, there are CCT (Collective Labour Agreements, in French: Convention collectives de travail) and a minimum wage may be fixed within these conventions. "The collective labor agreement (CCT) is an agreement between employers or employers 'associations and workers' associations whose purpose is the regulation of working conditions and relations between the parties to the agreement. It is set in articles 356-358 of the Code of Obligations»

    (Link for labor law: http://www.admin.ch/ch/f/rs/220/a356.html )

  5. Payment of the allowance.
    What are the organisations which calculate and attribute the allowance?
    The Invalidity Insurance
  6. Tax treatment of allowances and fringe benefits.
    1. Tax. Is the benefit subject to tax?
      Yes, (Art. 22 / LIFD) = Law on direct federal tax http://www.admin.ch/ch/f/rs/642_11/a22.html
    2. Fringe benefits. Does this allowance accord any fringe benefits?
      No
  7. B) Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives?

    Yes

    As for those who were born disabled, insurance is usually paid when the insured person turns 18. This rule does not apply if the insured undertakes rehabilitation measures. In such cases, the onset of disability for the right to pension is fixed at maturity or the interruption of rehabilitation measures

    Specify by giving details of the following aspects:

     

     All the same as the first point (A)

    n/a

     

    It depends on the salary and the number of years that the person has paid subscriptions.

     

    - Who attributes the allowance: State, local government, others, give details.

    All funded by the AI. This allowance comes from employees contributions. Each worker pays a part of his salary for the Invalidity Insurance AI.

    II – DISABILITY COMPENSATION.

    A visual disability (blindness or serious loss of sight) entails additional costs which must be met. Is there a specific allowance in your country to compensate for these costs?

    The invalidity insurance (again AI)

    The invalidity insurance (again AI)

     

    There are no financial terms except to be within the standards imposed by the AI

     

    - What is the amount of the allowance?

    It depends on several factors.

     

    - Which organisations attribute and pay the allowance:
    State, local authorities, please give details.

    This allowance comes from employees contributions.

     

    AI

     

    - State briefly under what conditions the allowance can be reduced.

    Same conditions as point A

     

    • If yes : what is the name of the allowance ?
    • 1 Criteria of eligibility
    1. Age.
      from birth to retirement but until 18, only rehabilitation measures
    2. Degree of disability.
      n/a
    3. Nationality.
      n/a
    4. Residency requirements.
      n/a
    5. Other conditions, please give details.
      n/a
    • 2 Means test.
    • 3 Amount of the allowance.
    • 4 Attribution, payment of the allowance.
    • 5 Tax treatment of allowances and fringe benefits.
    1. Tax. Is the benefit subject to tax?
      Disability pensions are subject to taxes, but there are exceptions.
    2. Fringe benefits. Does this allowance accord fringe benefits?
      No
    • If yes, give the name of this allowance and reply to the following questions.
    • 1 Eligibility conditions.
    1. Age.

      - Minimum:

      The same as the first point (A) again

      - Maximum:

      The same as the first point (A) again

      - Duration of the allowance.

      The same as the first point (A) again

    2. Degree of disability.
      The same as the first point (A) again.
    3. Nationality.
      The same as the first point (A) again
    4. Conditions of residence in the country.
      The same as the first point (A) again
    5. Other conditions, give details.
    • 2 Financial conditions.
    • 3 Amount of the allowance.
    • 4 Attribution and payment of the allowance.
    • 5 Payment of the allowance.
    • 6 Reduction of the allowance.
    • 7 Tax system of the allowance and fringe benefits.
    1. Tax system.
      Is the allowance subject to tax?

      Yes
    2. Fringe benefits.
      Does the allowance offer fringe benefits?

      No

      - If yes, give details.