Facts
Z., born in 1907, lived for 28 years in Hospital Y in A./BS before she moved to Nursing Home T. in H./ZH in August 1997 - after the death of her husband. The Office for Elderly Care of Basel-Stadt informed that the Canton of Zurich, not the Canton of Basel-Stadt, was responsible for the payment of supplementary benefits. After the Office for Elderly Care of Basel-Stadt maintained its position, Z. filed the application for supplementary benefits with the Office for Social Contributions of Basel-Stadt in May 1998.
Z. passed away during the cantonal proceedings on July 22, 1999. By decision of November 18, 1999, the Appeals Commission dismissed the appeal and determined that the authorities of the Canton of Basel-Stadt had not been responsible for the payment of supplementary benefits to Z. since August 1997.
The heirs of Z. filed an administrative court appeal, requesting the determination of the cantonal jurisdiction for the payment of supplementary benefits and the setting of the entitlement start date to September 1997.
Considerations
According to case law, the canton where the beneficiary has their civil law domicile is responsible for the determination and payment of supplementary benefits. In case of disputed jurisdiction, the cantonal appeal authorities and ultimately the Federal Insurance Court have to decide on the issue of domicile.
A person's civil law domicile is located at the place where they reside with the intention of permanent stay and have made it the center of their life interests, pursuant to Art. 23 para. 1 CC. For the establishment of domicile, two criteria must be met: an objective external factor,…