Rejection of Childcare Costs Coverage under Supplementary Benefits

Facts

[A.], born in 1982, who suffers from bipolar affective disorder, was granted a full disability pension by the IV-Stelle (Disability Insurance Office) of the Canton of St. Gallen as of May 1, 2010. On May 22, 2015, [A.] applied to the EL-Durchführungsstelle (Supplementary Benefits Administration Office) of the Sozialversicherungsanstalt (Social Insurance Institution) of the Canton of St. Gallen (SVA) for supplementary benefits. The guardian of A.'s son, born on June 30, 2012, requested the SVA to cover the disability-related costs for the child's external childcare, namely the costs for the daycare center and the stays in the foster family, under the supplementary benefits. However, the SVA rejected this request.

[A.] filed a complaint against the decision of the SVA. The Insurance Court of the Canton of St. Gallen dismissed the complaint. Thereupon, [A.] filed an appeal in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court held that neither the Federal Act on Supplementary Benefits to the Old-Age, Survivors' and Disability Insurance (ELG) nor the cantonal implementing legislation provide for the reimbursement of childcare costs. The legislator had consciously excluded these costs from the catalogue of reimbursable illness and disability-related costs.

The Federal Supreme Court did not see a violation of the principle of equal treatment, as even for supplementary benefits recipients with a…