Facts
A., born on March 10, 1998, is affected by Down syndrome (Trisomy 21). The Disability Insurance granted him benefits for medical measures and an early childhood education assessment, provided care allowances, and covered the costs of early childhood special education. In June 2001, the S. Foundation, where the early childhood special education was carried out, requested the provision of a "B.A.Bar" device for the insured person. This is a device that allows playback of audio recordings using barcodes attached to objects or pictures. The Disability Insurance Office of the Canton of Aargau rejected the claim, whereupon A.'s parents filed an administrative court appeal.
Considerations
The Federal Social Insurance Court examined whether there is a claim for the provision of the B.A.Bar device by the Disability Insurance. It concluded that the device does not fall under the concept of an aid within the meaning of the Disability Insurance Act (IVG), as it is not primarily intended to compensate for a disability-related deficit, but rather to promote the language acquisition that is made more difficult and delayed due to Down syndrome. Covering the costs as a medical measure under Art. 12 IVG was also not an option.
The court further examined whether the B.A.Bar device could be covered by the Disability Insurance as an educational-therapeutic measure within the framework of special education under Art. 19 IVG. It concluded that this could be possible in principle, as the device is used in the context of early childhood special education and speech…