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Art. 88 Flat-rate compensatory payments 238
1 The Confederation shall compensate the cantons for the costs of implementing this Act by means of flat-rate payments. The cantons do not receive the subsidies in accordance with Articles 91–93b.239 2 The flat-rate payments made in respect of persons seeking asylum and in need of protection without a residence permit shall cover, in particular, the costs of social assistance and of mandatory health insurance and also contain a contribution towards the supervision costs. 3 The flat-rate payments made in respect of refugees and persons in need of protection with a residence permit and refugees subject to a legally enforceable expulsion order in accordance with Article 66a or 66abis SCC240 or Article 49a or 49abis MCC241 or a legally enforceable expulsion order under Article 68 FNIA242 shall cover, in particular, the costs of social assistance and also contain a contribution towards the supervision and administrative costs.243 They shall be made for a maximum of five years from the date of submission of the asylum application.244 3bis The Confederation may make flat-rate payments under paragraph 3 for longer than five years in respect of persons admitted to Switzerland under asylum granted to groups of refugees, and in particular when these persons are disabled or elderly.245 4 Payments made in respect of persons who are only entitled to emergency aid under Article 82 are compensation for granting emergency aid.246 5 ...247 238 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 20026845). 239 Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). 243 Amended by No I 3 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). 244 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 245 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). 246 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). 247 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). |