Facts
A.A., a Dominican citizen, has been married since 2007 to A.B., a Swiss and Italian citizen, and has resided in Switzerland since 2007. In 2015, A.A. applied for supplementary benefits (PC) to the Cantonal Compensation Fund, which was rejected due to the lack of the requirement of 10 years of uninterrupted residence in Switzerland. A.A. filed an appeal, requesting recognition of the right to PC from August 1, 2012, the date of the start of her disability pension.
The Cantonal Court dismissed the appeal, considering that A.A. did not meet the requirements for PC under Swiss domestic law and that the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU was not applicable, as there was no cross-border element despite the husband's dual citizenship.
Considerations
The Federal Tribunal upheld the decision of the Cantonal Court. It considered that the supplementary benefits under the Federal Act on Supplementary Benefits (LPC) fall within the material scope of the AFMP and Regulation (EC) No 883/2004 on the coordination of social security systems.
However, for the application of the AFMP and Regulation (EC) No 883/2004 ratione personae, in addition to the condition of nationality or family status, a cross-border element is also necessary, namely the exercise of the right to…