Facts
The case concerns a debtor's order issued by the District Court of Lucerne, which obliged the Old Age and Survivors' Insurance of the Canton of Zurich (SVA) to pay a portion of the disability pension of Mr. B. directly to his wife Mrs. A. The IV-Stelle (Disability Insurance Office) refused to comply with this order, whereupon Mrs. A. filed a complaint.
The Social Insurance Court of the Canton of Zurich upheld the complaint and revoked the decision of the IV-Stelle. Subsequently, the IV-Stelle filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal of the IV-Stelle. It found that based on the civil court debtor's order pursuant to Art. 291 in conjunction with Art. 177 of the Swiss Civil Code (ZGB), Mrs. A. can demand the third-party payment of her husband Mr. B.'s disability pension to herself.
The Federal Supreme Court stated that Art. 20 para. 1 of the Federal Act on the General Part of Social Insurance Law (ATSG) is not applicable in this constellation, as Mrs. A. is entitled to support, not obliged to provide support to Mr. B. The debtor's order includes a collection authorization on behalf of the marital community, so that Mrs. A. can assert her husband Mr. B.'s claim in her own name.
The fact that the civil court…