Facts
R. has been suffering from encephalopathy of undetermined origin with spastic cerebral palsy, mental deficiency, and severe dysphasia since birth. The Cantonal AI Office of Valais initially decided to grant home care contributions. However, after a new investigation and the opinion of the attending physician, the AI Office removed these benefits as of May 1, 2001, on the grounds that no medical measures were provided at home.
The Insurance Tribunal of the Canton of Valais dismissed the appeal filed by the insured against this decision. Represented by her mother, R. then filed an administrative appeal with the Federal Tribunal.
Considerations
The Federal Tribunal considered that the initial decision to grant home care contributions was undoubtedly erroneous, as the reimbursement of such care is subject to the fundamental requirement of the implementation of medical measures within the meaning of Articles 12 and 13 of the Federal Law on Disability Insurance (IVG). The regulatory provision does not create any specific right to care independent of medical measures.
Although the Federal Office of Social Insurance (OFAS) had given contrary instructions in its Circular No. 155 of April 6, 2000,…