Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
836.21 FAMZVOAFAMOAFAMI CH AI generated

Art. 2 Ordinance of October 31, 2007, on Family Allowances (FamO) - Birth Allowance

OAFam
Open official source Full Act (39 Articles) Machine-readable Markdown (.md)

Legislator summary

AI generated

A right to a birth allowance exists when the cantonal family allowance scheme provides for a birth allowance. When only one person is entitled to the birth allowance, it is paid to them, even if another person has a priority right to the family allowances for the same child. The birth allowance is paid: a. if there is a right to family allowances according to the FamA, and b. if the mother had her domicile or habitual residence as per Art. 13 of the Federal Act of October 6, 2000, on the General Part of the Social Insurance Law in Switzerland during the nine months preceding the child's birth; if the birth occurs prematurely, the required duration of domicile or habitual residence in Switzerland is reduced in accordance with Art. 27 of the Ordinance of November 24, 2004, on Allowances for Loss of Earnings. When multiple persons can claim a right to the birth allowance for the same child, the right to this benefit belongs to the person entitled to family allowances for this child. If the birth allowance for the second entitled person is higher, the latter is entitled to the payment of the difference.

Art. 2 OAFam · Birth Allowance

A right to a birth allowance exists when the cantonal family allowance scheme provides for a birth allowance.

When only one person is entitled to the birth allowance, it is paid to them, even if another person has a priority right to the family allowances for the same child.

The birth allowance is paid

a. if there is a right to family allowances according to the FamA, and

b. if the mother had her domicile or habitual residence as per Art. 13 of the Federal Act of October 6, 2000, on the General Part of the Social Insurance Law in Switzerland during the nine months preceding the child's birth; if the birth occurs prematurely, the required duration of domicile or habitual residence in Switzerland is reduced in accordance with Art. 27 of the Ordinance of November 24, 2004, on Allowances for Loss of Earnings.

When multiple persons can claim a right to the birth allowance for the same child, the right to this benefit belongs to the person entitled to family allowances for this child. If the birth allowance for the second entitled person is higher, the latter is entitled to the payment of the difference.

← Art. 1 OAFam Ordinance of 31 October 2007 on Family Allowances (OAFam) - Training Allowance Art. 3 OAFam →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (8)

A/3775/2021 · ge (Art. 2 al. 3 let. b OAFam)
Appeal for Birth Allowance Denied Due to Insufficient Proof of Habitual Residence
The rejection of the appeal is based on the non-fulfillment of the condition that the mother must have her domicile or habitual residence in Switzerland during the nine months preceding the child's birth, as required by this provision.
605 2018 155 · fr (Art. 2 al. 3 let. b OAFam)
Appeal Denial for Birth Allowance Based on Residency Requirement
The court confirmed that the refusal of the birth allowance was based on the correct application of this legal provision.
A/4025/2018 · ge (art. 2 al. 1 OAFam)
Appeal Regarding Birth Allowance Eligibility Based on Residency Period
Cited in the reasoning section (para 3) to establish the general existence of the right to a birth allowance.
A/4025/2018 · ge (art. 2 al. 3 OAFam)
Appeal Regarding Birth Allowance Eligibility Based on Residency Period
Cited in the reasoning section (para 3) as the source defining the nine-month domicile requirement, which was central to the dispute.
A/4025/2018 · ge (art. 2 al. 3 OAFam)
Appeal Regarding Birth Allowance Eligibility Based on Residency Period
Cited in the reasoning section (para 3) to state the requirement of nine months of domicile prior to birth, subject to reduction for premature birth.
A/4025/2018 · ge (art. 2 al. 3 OAFam)
Appeal Regarding Birth Allowance Eligibility Based on Residency Period
The court admitted the appeal because the mother fulfilled the domicile condition required by this provision, as the required waiting period was reduced.
A/3855/2012 · ge (art. 2 al. 3 let. b OAFam par renvoi de l'art. 5 LAF)
Father's Right to Birth Allowance Based on Mother's Habitual Residence
The court overruled the denial of the birth allowance by establishing the mother's habitual residence in Switzerland for the required nine months preceding the birth.
A/4306/2011 · ge (Art. 2 OAFam)
Conflict of Rights: Federal Family Allowance vs. International Organization Benefits
Cited in the dispositive implicitly through the ruling that the appellant is entitled to the birth allowance, which is regulated by this provision in conjunction with LAFam.