Entitlement to Training Allowance upon Exceeding the Income Limit

Facts

The Family Compensation Fund Employer Basel (FAK) granted A. training allowances for her son, born in 1992, from January 1 to August 31, 2014. On April 8, 2015, A. applied for the continued payment of training allowances for her son. On May 7, 2015, the FAK denied the entitlement to training allowances from September 1, 2014, as the training did not meet the time requirements and the possibility existed to pursue gainful employment predominantly.

The Federal Social Insurance Office (BSV) filed an appeal in public law matters with the request to set aside the lower court's decision and to remand the matter to the FAK in the sense of the considerations.

Considerations

The Federal Supreme Court examined how the income mentioned in Art. 49bis para. 3 of the Ordinance on Old Age and Survivors' Insurance (AHVV) is to be determined. It concluded that according to the clear wording of the provision, only the actually earned employment income is decisive and a hypothetical income cannot be taken into account. The instructions of the BSV…