Facts

The case concerns the amount of maternity allowance provisionally granted to [O.], a self-employed worker, following the birth of her daughter [A.] on July 26, 2005. The dispute revolves around the reference income used as the basis for calculating these allowances.

[O.] has been working as an independent physiotherapist since September 1, 2000. By a final decision of April 25, 2005, the Compensation Fund of the Canton of Ticino had set the AHV/IV/EO contributions owed by the insured person for the activity carried out in 2002 based on an annual business income of CHF 76,761. On June 22, 2005, the person concerned had informed the administration that the income she would presumably receive in 2005 would amount to approximately CHF 40,000. By a provisional decision of June 27, 2005, the Fund had thus set the contributions for 2005 based on this presumed income.

After the birth of daughter [A.] on July 26, 2005, [O.] had requested the payment of maternity allowance from the Fund. By decision of September 28, 2005, confirmed on November 2, 2005 also following the insured person's objection, the administration had set the amount of the daily allowance owed to the person concerned from July 26 to October 31, 2005 at CHF 89.60, based on the presumed business income for 2005, amounting to CHF 40,000, notified by the insured person herself.

[O.] had therefore appealed to the Insurance Court of the Canton of Ticino, requesting that the maternity allowance be set on the basis of the reference income considered for the last final decision on the fixing of contributions that had become res judicata, or on the basis of the income earned in the last nine months before the birth. The cantonal court had dismissed the appeal, noting that the solution adopted by the Fund was in accordance with the law.

[O.] had then filed an administrative law appeal with the Federal Court, complaining of an unjustified difference in treatment compared to the situation provided for by law and ordinance for employed mothers.

Considerations

The Federal Court dismissed the administrative law appeal.

Contrary to what the contested decision and the administration's positions seem to suggest, the Federal Court has specified that for the definitive determination of the allowance in…