Facts
Ida Tresch, born in 1906, a widow and recipient of a basic old-age pension and a supplementary benefit, has been completely blind since childhood. She also suffers from hypertension, arthritis in both hip joints, and reactive depression with headaches lasting for days. The insured person requires complete or mostly third-party assistance and personal supervision for contacting the environment and for moving around the home and outdoors. However, she requires little or no assistance for dressing and undressing, sitting down, getting up and lying down, eating, bathing, daily hygiene, food intake, and using the toilet.
By decision of January 8, 1971, the Compensation Fund rejected the insured person's request for a helplessness allowance from the AHV. The cantonal Appeals Commission Uri for the AHV dismissed the insured person's appeal against the Compensation Fund's decision in a ruling dated July 28, 1971. With the present administrative court appeal, Ida Tresch requests that she be awarded a helplessness allowance from the AHV.
Considerations
The Federal Insurance Court states that according to Art. 43bis para. 1 AHVG, old-age pensioners who are severely helpless are entitled to a helplessness allowance. The definition and assessment of helplessness are analogous to the norms of the Disability Insurance Act.
According to established case law, a person is considered helpless if they require permanent third-party assistance or personal supervision for everyday activities such as dressing and undressing, personal hygiene, food intake, and…