Facts
The case concerns a seasonal worker who is claiming entitlement to a disability pension from the disability insurance. The decisive factor is the time at which the income comparison between the hypothetical income without disability (income of a person without disability) and the income with disability (disability income) is to be made.
The Federal Court clarifies that according to Art. 28 para. 2 DIA, the time of (potential) commencement of the pension is decisive for the income comparison. The income of a person without disability and the disability income are to be determined as of this time, and any pension-relevant changes in the comparative incomes up to the issuance of the decision are to be taken into account.
In the present case, the appellant was last employed as a seasonal worker in agriculture. For the determination of the income of a person without disability, the wage for an unskilled agricultural worker at the time of the potential commencement of the pension on October 1, 1996 is therefore to be used. For the determination of the disability income, it must be taken into account that the appellant only had a seasonal worker permit at that time.
Considerations
The Federal Court remands the case to the administration for re-assessment, as it must be clarified whether the appellant would have been granted an annual residence permit at a later time if he had been healthy. In the event of a change in financial circumstances, a new income comparison would have to be made.
Furthermore, in determining the…