Facts
Andrea H., born on April 1, 1958, is the extramarital son of B. and is under guardianship. B. has been receiving a full couple's disability pension since September 1, 1975 and also receives an additional simple child's pension of CHF 356.-- per month for Andrea H. The guardian of Andrea H. requested the Compensation Fund to transfer the child's pension, which was not being forwarded by the extramarital father, to him. The Compensation Fund then decided that the supplementary pension for the extramarital son would be paid to the guardianship authority as of March 1, 1976.
B. appealed against this decision with the request that the child's pension continue to be paid to him. The Cantonal Appeal Commission for the Compensation Funds of Basel-City overturned the decision and instructed the Compensation Fund to continue paying the child's pension to B.
The guardian of Andrea H. then filed an administrative court appeal with the request that the child's pensions for the period from September 1975 to July 1976 be paid to him.
Considerations
The Federal Insurance Court states that Andrea H. is affected by the previous instance's decision and has a legitimate interest in its revocation, which is why he is entitled to file the appeal.
In terms of the merits, the Court finds that the requirements for a third-party payment of the pension pursuant to Art. 76 para. 1 AHVV are not met. However, the case law has established supplementary rules and allowed the payment of the child's pension to third parties even when the conditions of Art. 76 para. 1 AHVV are not met. This practice can also be applied analogously to the payment of child's pensions for extramarital children under guardianship.
Since Andrea H. does not live in the household of the extramarital father and the latter's maintenance obligation is limited to a monthly contribution of CHF 200.-, B. would have been obliged to pay the…