Facts
G., born in 1955, has suffered from multiple malformations of the shoulder girdle, forearms and hands as well as a heart defect (Contergan syndrome) since birth. The Disability Insurance has granted G. various benefits after several registrations, including a half disability pension from February 1, 1989 and retroactively from February 1, 1989 a helplessness allowance for mild helplessness from September 12, 1991.
G. demanded the payment of the helplessness allowance retroactively from March 1, 1973. The Insurance Court of the Canton of St. Gallen upheld the appeal and determined that G. is entitled to care allowances for minors from April 1, 1971 to February 23, 1973 and a helplessness allowance from March 1, 1973.
The Federal Social Insurance Office (BSV) filed an administrative court appeal and demanded that G. be paid the helplessness allowance only five years retroactively from the date of registration on February 8, 1990.
Considerations
The Federal Insurance Court states that according to previous case law, a sufficiently substantiated registration is only effective for five years and therefore a five-year statute of limitations from this registration must be observed. However, with the judgment BGE 116 V 273, this practice was changed, whereby the registration for the receipt of benefits was generally recognized as having unlimited effect.
The Court, however, finds that this unlimited effect cannot occur if the administration has ruled on…