Facts
This judgment deals with the assertion of claims against the Disability Insurance pursuant to Art. 46 of the Federal Disability Insurance Act (IVG). The appellant was asked from what point in time she is entitled to a helplessness allowance.
The lower court had assumed that the first registration of April 13, 1965 also applied to the helplessness allowance, as the files contained sufficient indications that should have prompted the Disability Insurance Commission to include the claim for a helplessness allowance in its investigations. However, the limitation period of five years had already expired in the spring of 1970, so that only the second registration of December 1972 is relevant. Pursuant to Art. 48 para. 2 IVG, the helplessness allowance can therefore only be paid retroactively for the twelve months preceding this registration, i.e. from December 1971.
Considerations
The Federal Supreme Court clarifies the previous case law on Art. 46 IVG. Accordingly, the insured person generally preserves all his claims against the insurance existing at the time of registration with the Disability Insurance Commission, even if he does not specify them in detail in the registration form. However, this principle does not apply to benefits that are not related to the claims expressly or implicitly stated by the insured person and for which there are also no file-based indications that they could also be considered.
With regard to the helplessness allowance, the Federal Supreme Court concludes that the first registration of April 1965 is to be considered sufficiently…