Facts
A., a national of an EU member state, domiciled in the canton of Vaud, has an autism spectrum disorder. The Disability Insurance Office for the canton of Vaud granted her a minor helplessness allowance and medical rehabilitation measures. In October 2014, the office learned that the child's parents, B. and C., were now working as international civil servants and were no longer subject to the AVS/AI. By decisions of 25 September 2015, the office terminated the payment of the helplessness allowance and the financing of the medical measures beyond 30 September 2014.
The Cantonal Court of the canton of Vaud annulled these decisions. The Disability Insurance Office filed a public law appeal against this judgment.
Considerations
The Federal Tribunal partially upheld the appeal. It considered that, although Art. 9 para. 3 DIA allows a foreign child under the age of 20 residing in Switzerland to benefit from rehabilitation measures if one of their parents has contributed for at least one year or resided for 10 years in Switzerland, the right to benefits expires when the only insured parent is no longer subject to the AVS/AI. Indeed, Art. 9 para. 1bis DIA requires a link of affiliation of the beneficiary…