Facts
R., born in 1962, was employed as a plumber/sanitary installer at the plumbing company X until February 10, 1995. In connection with a hip joint condition, the Disability Insurance covered the costs of his training as a Technical Commercial Assistant and paid him daily allowances. On February 5, 1996, he registered with the municipal employment office K. for job placement and applied for unemployment compensation from the Public Unemployment Insurance Fund of the Canton of Aargau. The Fund set R.'s insured income based on the daily allowances of CHF 143.80 paid by the Disability Insurance during the retraining at CHF 4,314.
Considerations
The Federal Social Insurance Court concluded that the daily allowances paid by the Disability Insurance to an insured person previously employed as an employee are to be considered as the relevant wage within the meaning of the Unemployment Insurance Act and are subject to unemployment insurance contributions. The lower instance had argued that the daily allowances of the Disability Insurance should not be considered as the relevant wage, as they represent replacement income and not wages from an employment relationship. The Federal Court disagreed with this view and stated that replacement income such as daily allowances…