Facts
Marlis [S.], who is divorced, has been receiving supplementary benefits to her disability pension since December 1, 1983. Of her total of four children, two, Sandra and Urs, were included in the calculation of the supplementary benefits. As of January 1, 1987, the Compensation Fund of the Canton of St. Gallen took into account the stay of Sandra [S.] in the therapeutic foster family A.-B. by including 30% of the accommodation costs in the supplementary benefits calculation.
The Political Municipality of K., which supports Marlis [S.] and her daughter Sandra, objected that the costs of the stay in the foster family A.-B. were not fully included in the supplementary benefits calculation. The Insurance Court of the Canton of St. Gallen upheld the appeal and referred the matter back to the Compensation Fund so that it could recalculate the supplementary benefits, taking into account the costs for the stay of the daughter Sandra [S.] in the foster family A.-B. according to the regulations applicable to home residents.
Considerations
The Federal Insurance Court states that the term "home stay" or "home" within the meaning of the Supplementary Benefits Law is not further defined in the law or the ordinance. It is therefore the responsibility of the administrative and judicial practice to establish appropriate guidelines.
The Court considers it to be in accordance with federal law that even home-like institutions, such as foster families, therapeutic foster families, and disabled persons' shared living communities, can fulfill the concept of a home within the meaning of the Supplementary Benefits Act, provided that there is a need for institutional care and the institution in…