Facts
The case concerns the entitlement to a helplessness allowance from the Old Age and Survivors' Insurance (AHV) and in particular the question of whether recipients of old-age pensions can claim practical life assistance.
The lower instance had decided that the Federal Council, with the regulation in Art. 66bis para. 1 of the Ordinance on the Old Age and Survivors' Insurance (AHVV), which excludes the analogous application of Art. 37 para. 2 let. c of the Ordinance on the Disability Insurance (IVV) in the field of AHV, had not exceeded its legislative powers.
The insured person argues that the Federal Council has exceeded its competences with this regulation, as the legislator, with the unreserved reference in Art. 43bis para. 5 of the Federal Act on the Old Age and Survivors' Insurance (AHVG) to the provisions of the Federal Act on Disability Insurance (IVG), has expressed that it not only starts from the same concept of helplessness as in the field of disability insurance, but also wants to adopt the same division of degrees of severity.
Considerations
The Federal Supreme Court states that the Federal Council has a wide discretion in concretizing Art. 43bis para. 5 AHVG. The legislator has always designed the eligibility requirements for the receipt of a helplessness allowance in the AHV and IV differently.
If the Federal Council has excluded the analogous application of Art. 37 para. 2 let. c IVV in Art. 66bis para. 1 AHVV, it has thereby complied…