Facts
The case concerns an insured person who had already received unemployment benefits when the unemployment insurance fund initiated a doubt procedure. According to the previous case law (ARV 1953 No. 32 p. 31), the doubt procedure was only applicable to benefits that had not yet been paid out. The Federal Court now had to decide whether to adhere to this practice or whether the doubt procedure should also be admissible during ongoing benefit receipt.
Considerations
The Federal Court states that there are sufficiently weighty reasons for a change in the previous practice. The restriction of the doubt procedure to benefits that have not yet been paid out is not able to do justice to the diversity of factual situations that occur in administrative practice. In fact, doubts about an insured person's entitlement to benefits can also arise during the course of benefit receipt, for example because relevant information has been withheld so far or the insured person has rearranged their affairs without notifying the fund.
A continuous review of the entitlement to benefits by the cantonal authority must therefore remain possible. It therefore appears appropriate to allow the conduct of a doubt procedure even during ongoing benefit receipt. The…