Facts
A., born in 2014, suffers from various congenital defects. The IV-Stelle Luzern (Disability Insurance Office Lucerne) initially granted him medical measures and compensation for mild helplessness. Subsequently, however, the IV-Stelle denied a claim for medical measures abroad and an assistance allowance. It only awarded A. compensation for moderate helplessness, but rejected an intensive care supplement.
A. contested the decisions of the IV-Stelle. The Cantonal Court partially upheld the appeal and awarded A. compensation for severe helplessness, but rejected the intensive care supplement and the assistance allowance.
A. filed an appeal in public law matters with the Federal Supreme Court. The issue was whether A. was entitled to an intensive care supplement to the helplessness compensation and an assistance allowance.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the monitoring of respiration via the tracheostomy tube, which requires constant immediate readiness for intervention by medically trained personnel, is to be classified as a nursing service within the meaning of Art. 39 para. 2 IVV and not merely as monitoring pursuant to Art. 39 para. 3 IVV.
This made it unnecessary to consider whether…