Facts
The family compensation fund scienceindustries (FAK) had paid child and education allowances to A. for her son C. After C. passed his Matura in December 2013, he completed a nursing internship and performed military service. The FAK refused to pay education allowances after March 1, 2014. The Insurance Court of the Canton of Aargau overturned this decision and obliged the FAK to pay education allowances to A. for her son C. from March 2014.
The FAK filed a complaint in public law matters with the request to overturn the previous decision and restore the ruling of February 4, 2014, and the appeal decision of March 11, 2014. A. stated that her son had not passed the admission exam for medical studies and therefore started studying economics on September 15, 2014.
Considerations
The Federal Court had to examine whether the interruption of education due to military service and the time until the start of studies can be recognized as education time. The lower court had approved the complaint, as it was of the opinion that the employee's son had not interrupted his education.
However, the Federal Court came to the conclusion that the interruption of education due to military service and the time until the start of studies cannot be recognized as education time. It based its decision on Art. 49ter para. 3 OASIO, which stipulates that certain periods, such as military service and school-free periods, do not constitute an interruption of education, provided that the education is continued immediately thereafter.
The Federal Court also examined whether the cumulative application of…