Facts
The Social Insurance Institution of the Canton of St. Gallen (SVA) granted a monthly supplementary benefit (EL) to [B.], born in 2004, whose mother was a recipient of a disability pension, from May 1, 2004. In February 2006, [B.] moved in with foster parents. The SVA recalculated the supplementary benefits from March 2006, on the assumption that the child was henceforth a non-resident of a home. After the mother's death in January 2009, [B.] has been receiving a full orphan's pension from the Old Age and Survivors' Insurance (AHV) and an EL since February 1, 2009.
By decision of June 9, 2011, the SVA set the EL entitlement from May 1, 2011 at CHF 572 per month. The guardian of [B.] filed an objection. The SVA dismissed this with a decision of November 4, 2011 and set the EL entitlement from May 2011 at CHF 319 per month.
The Insurance Court of the Canton of St. Gallen upheld B.'s appeal, set aside the objection decision and referred the matter back to the SVA for a new calculation of the entitlement from May 1, 2011. It considered that a foster family with official approval is to be regarded as an institution similar to a home under federal law.
The SVA appeals in public law matters and requests the annulment of the cantonal decision and confirmation of the objection decision.
Considerations
The Federal Supreme Court examines whether the recipient cared for in a foster family should be considered as a person living at home or as a person who is permanently or for a longer period of time in a home for the purpose of calculating the amount of the claim.
According to the interpretation of the Federal Supreme Court, the definition of a home in Art. 25a para. 1 of the Ordinance on Supplementary Benefits to the Old Age, Survivors' and Disability Insurance (ELV) is in accordance with federal law. Whether a stay in a home within the meaning of the EL law is given is determined by whether an institution is recognized by a canton…