Coverage by disability insurance of the costs of third-party services for a self-employed architect

Facts

[A.], a professional architect suffering from congenital profound bilateral deafness, has benefited from various measures of the disability insurance, including the coverage of interpreting costs. As part of the renewal of these benefits from February 1, 2019, the Disability Insurance Office for the Canton of Vaud confirmed the coverage of the costs of services provided by third parties, while setting a maximum monthly amount of CHF 790.95 based on the insured's average monthly gross income earned since 2015.

[A.] appealed against this decision, requesting that the entitlement to third-party services be calculated on an annualized basis corresponding to twelve times the monthly limit. The Cantonal Court dismissed the appeal, confirming the decision of the AI office.

[A.] then filed a public law appeal against this judgment, primarily concluding that the actual entitlement to third-party services should be calculated on an annualized basis.

Considerations

The Federal Tribunal dismissed the appeal. It considered that Art. 9 para. 2 of the Ordinance on the Provision of Aids by the Disability Insurance (OMAI) provides that the monthly reimbursement of the costs of third-party services must not exceed the insured's monthly income from gainful employment. This reference to a monthly basis is intended to ensure a close link between the benefit granted and the immediately resulting income, including for self-employed persons.

However, the Federal Tribunal specified that when there are elements in favor of an improvement in the income of a self-employed insured…