Facts
In 1979, the Disability Insurance granted Ivar Schwery, born in 1973, cost coverage for the treatment of congenital defects. As the treatment in Switzerland was unsuccessful, a clarification was carried out at the Southwest German Epilepsy Center Kork from August 7 to 20, 1981, on the recommendation of the treating pediatrician Dr. med. K. However, the cantonal compensation fund of Valais refused to cover the costs for this stay abroad.
The insured person's mother then filed a complaint with the Insurance Court of the Canton of Valais and requested that the Disability Insurance cover the costs for the stay at the Epilepsy Center Kork up to the amount that would have been incurred at a Swiss university clinic. The cantonal court upheld the complaint.
Against this decision, the Federal Office for Social Insurance (BSV) filed an administrative court appeal and requested the restoration of the fund's decision, as the requirements for the assumption of integration measures carried out abroad were not met.
Considerations
According to Art. 9 para. 1 IVG, integration measures are generally granted in Switzerland, only exceptionally also abroad. Art. 23bis para. 2 IVV provides that the insurance covers the costs of a measure abroad if there are "significant reasons" for it.
The Federal Court considers the reasons that prompted the insured person's parents to have the clarification carried out abroad as significant within the meaning of Art. 23bis para. 2 IVV. The measures and…