Facts
The present case concerns the revision of a disability insurance integration benefit. The appellant received an unlimited reimbursement of travel expenses for an accompanying person for her school commute by decision of 21 December 1973. In early 1977, the need for this accompaniment due to disability ceased, and therefore the Compensation Fund of the Canton of Zug wanted to revoke the benefit.
The lower instance, the Administrative Court of the Canton of Zug, justified the obligation to reimburse with reference to Art. 47 para. 1 AHVG in conjunction with Art. 49 IVG. However, the Federal Supreme Court sees this differently.
Considerations
The Federal Supreme Court states that the revision provisions according to Art. 41 IVG and the associated ordinance provisions are also to be applied by analogy to the revision of integration benefits. Art. 47 para. 1 AHVG, however, does not apply in revision cases, as this provision only applies when the administration reconsiders a previous formally legally binding decision because it proves to be clearly incorrect.
In the present case, it was about the revision of an integration benefit due to a change in…