Facts
P., born in 1937, applied to the Compensation Fund of the Canton of Thurgau on September 11, 1998 for the crediting of a caregiving credit for the year 1997, as she had cared for her permanently care-dependent mother R. during that time. The Compensation Fund rejected the request, as the complainant's mother had only received a helplessness allowance from November 1, 1997 onwards.
P. filed an administrative court appeal and requested that a caregiving credit be granted to her for the year 1997. The Federal Social Insurance Office (BSV) took the view that a helplessness allowance is only paid out at a later point in time due to a delayed registration, which does not preclude the application of Art. 29septies para. 1 AHVG.
Considerations
The Federal Insurance Court concluded that the wording of the German Art. 29septies para. 1 sentence 1 AHVG does not require that the person being cared for must actually receive the helplessness allowance. Rather, it is sufficient that the person being cared for is entitled to a helplessness allowance from the Old Age and Survivors' Insurance (AHV) or Disability Insurance (IV) for at least moderate helplessness.
The materials as well as the purpose and intent of the provision support this…