Facts
The insured minor A. (born on October 7, 2013) was recognized by the IV-Stelle St. Gallen for various congenital defects. On August 31, 2015, his parents applied for a helplessness compensation and on November 30, 2015, for an assistance allowance. The IV-Stelle granted A. a severe degree of helplessness compensation and an intensive care supplement for at least 4 hours per day, but rejected the assistance allowance.
The cantonal Insurance Court confirmed the intensive care supplement for at least 6 hours per day but dismissed the claim for an assistance allowance. A. then filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that insured minors who are granted an intensive care supplement of at least 6 hours per day are entitled to an assistance allowance. According to Art. 42quater para. 3 IVG, the Federal Council has the obligation to determine the requirements for the assistance allowance for minors.
The Federal Supreme Court concluded that the Federal Council had a wide scope of discretion in Art. 39a lit. c…