Facts
Jovica Rajic, born in 1951, has received a half simple disability pension with supplementary pensions for his wife and minor children since June 1977. By order dated April 26, 1979, the Compensation Fund revoked this pension with effect from April 30, 1979, as the degree of disability was only 32% according to the findings of the Disability Insurance Commission. The insured person filed an appeal against this order and requested that the pension continue to be paid to him. The AHV Appeals Commission of the Canton of Zurich obliged the Compensation Fund to pay the appellant the pension for the month of May 1979, but rejected the request for the restoration of the suspensive effect for the period from June 1979 onwards.
With an administrative court appeal, the insured person requested the full restoration of the suspensive effect of the appeal, as the withdrawal of the pension would mean that he would have to rely on social assistance, which would constitute an irreparable disadvantage.
Considerations
The Federal Insurance Court states that pursuant to Art. 97 para. 2 AHVG, the Compensation Fund is entitled to withdraw the suspensive effect of the appeal, even if the order concerns a monetary benefit. However, the appeals instance can restore the suspensive effect if the reasons for doing so clearly outweigh those for immediate enforcement.
In the present case, the…