Facts
D., born on January 27, 1997, is a Dutch national and has been living in Switzerland with his parents since August 1, 2004. In November 2004, he registered with the Disability Insurance (IV) for the receipt of benefits (medical measures) due to an epilepsy condition (congenital disability No. 387) existing since birth. The IV office in Schaffhausen rejected the request. The High Court of the Canton of Schaffhausen upheld D.'s appeal and obliged the IV office to grant him medical measures for the treatment of congenital disability No. 387. The Federal Social Insurance Office filed an administrative court appeal with the request to set aside the cantonal decision.
Considerations
According to the case law of the European Court of Justice (ECJ), family members of an employee, even if they are not employed themselves, fall within the personal scope of Regulation (EEC) No. 1408/71. It is irrelevant whether the rights are their own or derived rights. The distinction between own and derived rights does not apply to family benefits within the meaning of the Regulation.
The medical measures for the treatment of a congenital disability are to be classified as sickness benefits under Art. 4 para. 1 lit. a of Regulation No. 1408/71. Since the…