Facts
The case concerns a complainant who attended the day school for children with perceptual disabilities at Triemlistrasse 141 from his place of residence in Geroldswil. The Disability Insurance granted him a school and boarding allowance, thereby essentially recognizing the necessity and appropriateness of this measure.
The transportation costs for the shuttle taxi amounted to CHF 440 per week, plus a one-time weekly transport by private car for around CHF 10. In total, the costs amounted to approximately CHF 450 per week, which was considered exceptionally high.
Considerations
The Federal Court found that the regulation in Art. 11 para. 1 of the Ordinance on Disability Insurance (IVV) does not provide for a general maximum limit on the reimbursement of transportation costs. Instead, the general principle of proportionality is to be applied, which refers to the relationship between the transportation costs and the purpose of the integration measure.
In the present case, it could not be said that the transportation costs were in an unreasonable, unjustifiable relationship to the goal of special school integration. Therefore,…