Facts
The case concerns a dispute between the Federal Social Insurance Office (BSV) and an insured person, as well as the Federal Appeals Commission for Old Age and Survivors' Insurance (AHV/IV) for persons residing abroad. It is about the crediting of the child-rearing supplement for the year 1960, in which the insured person was insured in the Swiss Old Age and Survivors' Insurance (AHV) for the entire year, but her husband was only insured for 8 months.
Considerations
According to Art. 29sexies Para. 3 Sentence 1 AHVG, the child-rearing supplement is divided equally between married persons during the calendar years of the marriage. Art. 52f Para. 4 AHVV provides that the insured parent is credited the entire child-rearing supplement for years in which their spouse was not insured in the Swiss Old Age and Survivors' Insurance.
In the present case, however, the insured person's husband was partially insured, namely for 8 months, in 1960. Therefore, the facts of the case cannot be subsumed under the legal provision of Art. 52f Para. 4 AHVV. According to the…