Valid Assignment of a Disability Insurance Pension Arrears to the Social Assistance Authority

Facts

The municipal authority of Altdorf, as the competent social assistance authority, had provided advance payments to the insured person Z. When the Disability Insurance (IV) subsequently awarded Z. a retroactive pension, the municipality demanded that the pension arrears of CHF 24,118.60 be paid to it to compensate for the social assistance benefits granted. The IV office refused this, as in its view there was no legal basis for a claim for reimbursement by the municipality. The Federal Supreme Court upheld the municipality's appeal.

Considerations

The Federal Supreme Court states that the municipality, as the social assistance authority that has provided advance payments, is entitled to have the pension arrears paid to it. Although the cantonal social assistance law does not provide for a clear claim for reimbursement, Art. 22 para. 2 lit. a of the Federal Act on the General Part of Social Insurance Law (GSSLA) allows the assignment of arrears to the social assistance authority, insofar as it has provided advance payments.

The Federal Supreme Court holds that the concept of assignment in Art. 22 GSSLA corresponds to the civil law right of assignment under Art. 164 et seq. CO. Accordingly, future claims against the social insurer can also be effectively assigned, provided…