Claim for the provision of a wheelchair towing device for a weekly resident in an integration facility

Facts

F., born in 1988, is dependent on a wheelchair due to congenital disabilities. She applied for a new wheelchair and a SWISS-TRAC wheelchair towing device. The IV-Stelle Schwyz (Disability Insurance Office of the Canton of Schwyz) approved the active wheelchair but rejected the provision of a wheelchair towing device or an electric wheelchair. F. filed a complaint against this decision.

The Administrative Court of the Canton of Schwyz dismissed the complaint. F. then filed a public law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that when interpreting social insurance benefit provisions, fundamental rights and constitutional principles must be taken into account. In particular, the prohibition of discrimination on the grounds of disability under Art. 8 para. 2 of the Federal Constitution must be observed.

According to Art. 21 para. 2 of the Federal Disability Insurance Act (IVG), the insured person is entitled to aids that are necessary for mobility, establishing contact with the environment, or self-care. The provision of an electric wheelchair or a battery-powered auxiliary drive for a regular wheelchair requires that the insured person needs such a device for mobility, establishing contact with the environment, or self-care.

The Federal Supreme Court states that for weekly residents in an integration facility such as the Wohn- und Arbeitszentrum (WAZ, Residential and Work Center), the integration goals of "mobility" and "establishing contact with the environment" are to be related to the nearest location…