Facts
M., born in 1952, requested the Compensation Fund of the Canton of Bern on November 20, 1997 to credit caregiving credits, as she cares for her husband. By decision of March 5, 1998, the Compensation Fund rejected the request, as the husband receives a helplessness compensation from the Accident Insurance and not from the Old Age and Survivors' or Disability Insurance.
Partially upholding the appeal, the Administrative Court of the Canton of Bern, by decision of April 28, 1999, annulled the decision and remanded the case to the Fund for a new decision on the entitlement to caregiving credits after further clarification.
The Federal Social Insurance Office filed an administrative court appeal with the request to annul the cantonal decision and to restore the Fund's decision.
Considerations
The Federal Insurance Court concluded that caregiving credits must also be credited if the person cared for meets the eligibility requirements for a helplessness compensation for at least moderate helplessness from the Old Age and Survivors' or Disability Insurance, but does not receive it due to coordination law provisions that give priority to the helplessness compensation from the Accident Insurance.
The Court…