Facts
[A.], a Turkish national, is affected by a congenital disability and has resided in Switzerland since 1983 in a specialized institution. In 1997, she was placed under guardianship. Represented by her guardian, [A.] requested a review of her entitlement to disability insurance benefits, which was rejected by the Disability Insurance Office for the canton of Vaud.
[A.] appealed against this decision, but the Insurance Court of the canton of Vaud dismissed her appeal. [A.], represented by her guardian, then filed a public law appeal against this judgment.
Considerations
The Federal Tribunal partially upheld the appeal. It considered that, although Art. 13 para. 1 ATSG expressly refers to Art. 23 to 26 CC, thus including the notion of derived domicile under Art. 25 para. 2 CC, this literal interpretation does not correspond to the legislator's intention.
Indeed, the case law has always interpreted the notion of domicile as a condition for the granting of social insurance benefits in a restrictive manner, excluding the derived domicile. The preparatory work does not indicate that the legislator intended to change this conception.
Furthermore, accepting the derived domicile under Art. 25 para.…