Assumption of the Costs for Disability-Related Modifications to a Motor Vehicle by the Disability Insurance

Facts

H., born in 1987, has been severely physically and mentally disabled since birth and therefore receives various benefits from the Disability Insurance. Due to difficulties in loading and transporting the approximately 22 kg heavy and still large folded stroller, the insured's parents exchanged their vehicle for a "Renault Espace". In order to transport H., who is quite heavy and cannot hold her head on her own, in the stroller by car, her parents had the Renault Espace equipped with a telescopic ramp and a wheelchair fastener with a spindle. The Disability Insurance rejected the corresponding request for the assumption of the costs for this motor vehicle modification (CHF 1,200).

Considerations

The Federal Court concluded that the assumption of the costs for disability-related modifications to motor vehicles under Section 10.05 of the Ordinance on the Provision of Aids by the Disability Insurance (HVI Annex) does not require that the insured person be able to drive the vehicle themselves. It is irrelevant whether there is an entitlement to motorization under Sections 10.01*-10.04* of the HVI Annex or not.

The equipment of the Renault Espace belonging to the complainant's parents with a telescopic ramp and a wheelchair fastener with a spindle can be considered a disability-related modification of motor vehicles within the meaning of Section 10.05 of the HVI Annex. The costs incurred in…