Facts
By order dated June 3, 1993, the Compensation Fund of the Canton of Basel-Landschaft rejected the request of the parents of O., born on January 31, 1983, for the assumption of medical measures pursuant to Art. 13 IVG in connection with the treatment of a psycho-organic syndrome (POS; No. 404 GgV Annex), as the disability was only diagnosed and treated after the child's 9th birthday.
The Insurance Court of the Canton of Basel-Landschaft upheld the appeal filed against this with a decision dated March 2, 1994 and considered the requirements for the granting of medical measures to be fulfilled.
The Federal Office for Social Insurance (BSV) subsequently filed an administrative court appeal with the request to set aside the cantonal decision and restore the fund's order.
Considerations
The Federal Insurance Court states that according to Art. 13 para. 1 and 2 IVG, insured minors are entitled to the medical measures necessary for the treatment of congenital disabilities. Congenital disabilities within the meaning of Art. 13 IVG are disabilities that exist at the time of birth.
No. 404 GgV Annex describes the congenital brain disorder with predominantly mental and cognitive symptoms in normal intelligence, provided that it has been treated as such with a previously…