Facts
The claimant, an AHV (Old-Age and Survivors' Insurance) pensioner who suffered a right-sided hemiplegia following a stroke in 1998, requested the Zurich cantonal compensation fund to cover the costs of acquiring a motorized wheelchair. The fund rejected this request, on the grounds that the list of auxiliary means of old-age insurance only provides for the coverage of rental costs of a non-motorized wheelchair. The Social Insurance Court of the Canton of Zurich confirmed this decision. The claimant then appealed to the DFC (Federal Court of Insurance), requesting the annulment of the decision and the coverage of the costs of acquiring the motorized wheelchair by the old-age insurance.Considerations
The DFC first examined whether the right to substitution of benefits, developed in the case law on disability insurance, could also be applied in the field of old-age insurance. Although the list of auxiliary means of old-age insurance is exhaustive, the DFC considered that the principles of proportionality and equal treatment require the extension of the right to substitution of benefits to this area. Indeed, the integration objectives pursued by the legal provisions on auxiliary means are essentially the same in both insurances. Therefore, there is no valid reason to treat insured persons of disability insurance and those of old-age insurance differently with regard to the right to substitution of benefits. Thus, the…