Facts
S., born in 1955, applied for supplementary benefits (EL) to the disability pension at the municipal branch office Y. of the Social Insurance Institution of the Canton of Aargau in September 2004. The Social Insurance Institution stated in a decision dated October 15, 2004, that the application for supplementary benefits had to be made in the Canton of Zurich, as S. had taken up civil residence in the city of X. with his admission to a care home. The city of X. filed an objection against this decision, which was rejected by the Social Insurance Institution.
The Insurance Court of the Canton of Aargau did not enter into the appeal of the city of X. against the objection decision, as it did not consider the city of X. to be entitled to file the appeal. The court ex officio made a correction of the operative part of the administrative decision of October 15, 2004, according to which no entry is made on the application for supplementary benefits.
The city of X. is now filing an administrative court appeal with the request to remand the case to the cantonal court for substantive consideration of its appeal filed at first instance. Furthermore, the Social Insurance Institution of the Canton of Aargau is to be declared competent for the retroactive determination and payment of the supplementary benefits.
Considerations
The Federal Insurance Court first examines whether the lower court rightly did not enter into the appeal of the city of X. It finds that the disputed decision of the Social Insurance Institution of October 15, 2004 is in its legal substance a non-entry decision due to lack of local jurisdiction.
According to the case law, another insurance carrier whose obligation to provide benefits is affected by a…