Facts
A., born in 1977, is a self-employed medical masseuse affiliated with the Compensation Fund of the Canton of Aargau. On April 6, 2020, she applied for loss of earnings compensation (COVID-19 loss of earnings compensation) in connection with the measures to combat the coronavirus. The Compensation Fund denied the claim, citing the insured's only indirect impact due to the federal government-ordered closure of various businesses and an income from self-employment below the threshold of CHF 10,000.
The appeal filed by the insured was partially upheld by the Insurance Court of the Canton of Aargau. It set aside the objection decision and referred the matter back to the administration for further clarification of the income earned in 2019 and the loss of earnings suffered due to the measures.
The Compensation Fund appeals in public law matters, requesting that the lower court's judgment be set aside and its objection decision be confirmed.
Considerations
The Federal Court notes that the COVID-19 Ordinance on Loss of Earnings in the version valid as of May 5, 2020 is decisive for the examination of the claim for COVID-19 loss of earnings compensation. According to this Ordinance, the claim of self-employed persons indirectly affected, among other things, requires that their income relevant for the assessment of AHV contributions for the year 2019 be between CHF 10,000 and CHF 90,000.
The Federal Court decides that in examining the claim for COVID-19 loss of earnings compensation, changes in AHV contribution payments for the year 2019 that occurred between March 17, 2020…