Facts
A., born in 1967, was employed as a household assistant for six hours per week from April 1, 2001 to August 31, 2008. On January 29, 2008, she applied for disability insurance benefits. The Disability Insurance Office (IV-Stelle) of the Canton of Zurich initially denied her claim for benefits, which was overturned by the Social Insurance Court of the Canton of Zurich, which remanded the case to the IV-Stelle for further clarification.
Subsequently, the IV-Stelle obtained a multidisciplinary expert opinion and approved the costs for a potential assessment at workshop Y. from November 15 to December 14, 2017. However, it then denied her claim for a disability insurance daily allowance during this potential assessment.
The Social Insurance Court of the Canton of Zurich upheld the appeal filed against this decision and determined that A. was entitled to disability insurance daily allowances for the duration of the potential assessment. The IV-Stelle then filed an appeal in public law matters.
Considerations
The Federal Supreme Court upheld the appeal of the IV-Stelle. It stated that according to the systematic structure of the law, for non-employed persons - apart from the exceptions mentioned in the law - there are no longer any bases for calculating daily allowances during the implementation of reintegration measures.
The legislator deliberately removed the minimum guarantee for daily allowances for non-employed persons as part of the 5th IV revision in…