Facts
Michel L. was the victim of an accident in 1970 which left him disabled. He receives various disability insurance benefits monthly, including a supplementary pension for his wife Marie L. On April 25, 1992, Marie L. requested the Neuchâtel Cantonal Compensation Fund that this supplementary pension be paid directly to her, claiming that her husband did not sufficiently provide for her maintenance. The fund granted this request, which Michel L. contested.
The Administrative Court of the Canton of Neuchâtel annulled the fund's decision, considering that the legal conditions were not met for the wife to be entitled to the direct payment of the supplementary pension. Marie L. then appealed against this judgment to the Federal Insurance Court.
Considerations
The Federal Insurance Court dismissed Marie L.'s appeal. Although the spouses live separately and Marie L. bears a significant part of the household expenses, the Court considered that the husband adequately contributes to the common charges, given his income. Therefore, the legal conditions for the wife to be entitled to the direct payment of the supplementary pension are not met.
The Court noted that since the entry into force of the new Article 163 of the Swiss Civil Code, the maintenance of the family is now the responsibility of each spouse according to their means, and no longer solely the husband's. Thus, a literal application of Articles 22bis(2) OASI and…