Facts
The insured person has suffered from bilateral retinopathia pigmentosa, a progressive and severe visual impairment, since birth. During an internship as part of her vocational training as a telephone operator, she resided in the Bern home for the blind, with the costs for accommodation and board being covered by the Disability Insurance. The insured person applied for a compensation for mild helplessness under Art. 36 para. 3 lit. d IVV, which the Compensation Fund of the Canton of Schaffhausen rejected, referring to Art. 35 para. 2 IVV.
The High Court of the Canton of Schaffhausen overturned the rejection decision and referred the matter back to the administration to examine whether the insured person was offered the opportunity to maintain social contacts in the home for the blind. The Federal Social Insurance Office and the insured person filed an administrative court appeal against this decision.
Considerations
The Federal Insurance Court decided that the granting of a compensation for mild helplessness under Art. 36 para. 3 lit. d IVV to an insured person who is staying in an institution for the purpose of integration does not generally lead to overcompensation. Art. 35 para. 2 IVV, which excludes the entitlement to a helplessness allowance during an institutional stay, must be interpreted as being in accordance with the law, in the sense that it only applies if the…