Facts
[E.], born in 1927 and suffering from severe visual impairment, lives in a senior apartment that is part of the W. senior center. The Compensation Fund of the Canton of Zurich rejected her request for a helplessness allowance. The Social Insurance Court of the Canton of Zurich dismissed her appeal against this decision.
[E.] filed a public law appeal with the aim of overturning the decision and referring the matter back to the Compensation Fund for additional clarification and a new ruling.
Considerations
According to Art. 43bis para. 1 sentence 1 AHVG, recipients of old-age pensions or supplementary benefits with domicile and habitual residence in Switzerland who are severely, moderately or mildly helpless are entitled to a helplessness allowance. Under Art. 43bis para. 1bis AHVG, the entitlement to the allowance for mild helplessness is forfeited in the event of a stay in a care home.
Whether a stay in a care home within the meaning of Art. 43bis para. 1bis AHVG exists is assessed according to formal criteria under Art. 66bis para. 3 AHVV. The only decisive factor is whether the institution in which the insured person is…