Jurisdiction of the Compensation Fund of the Canton of Uri for the Determination and Payment of Supplementary Benefits

Facts

[A.], born in 1923, lived in Y. (Canton of Zurich) until the end of August 2008. On September 1, 2008, she reported her move to Z. (Canton of Uri), where her daughter also lived. From there, she entered the retirement and nursing home of the Q. Foundation in the municipality of X. in the canton of Zurich on May 20, 2010. In February 2012, she applied to the authorities of this municipality for the payment of supplementary benefits to the old-age pension. The application was transferred to the Compensation Fund of the Canton of Uri, which, by decision of May 15, 2012 and objection decision of December 18, 2013, denied a claim for supplementary benefits due to an excess of income.

By appeal against the objection decision, [A.] renewed her request for the granting of supplementary benefits with the High Court of the Canton of Uri. The court called upon set aside the objection decision due to the local lack of jurisdiction of the Compensation Fund of the Canton of Uri and referred the matter back to the municipality of X./ZH, which was considered competent, for a new decision on the claim for supplementary benefits.

The Political Municipality of X. appealed to the Federal Supreme Court with the requests to set aside the lower court's decision, to establish the jurisdiction of the Compensation Fund of the Canton of Uri for the payment of supplementary benefits to [A.] and to refer the matter back to the competent social insurance court of the Canton of Zurich for the assessment of the appeal against the objection decision of December 18, 2013.

Considerations

The Federal Supreme Court upholds the appeal. It finds that the Compensation Fund of the Canton of Uri is responsible for the determination and payment of supplementary benefits to A. This is because [A.] had her place of residence in Z. (Canton of Uri) immediately before entering the retirement and nursing home, and the stay in an institution pursuant to Art. 21 para. 1 ELG does not establish a new jurisdiction.

The Federal Supreme Court states that according to Art. 21 para. 1 ELG in conjunction with Art. 13 para. 1…