Facts
[A.], born in January 1999, suffered a severe head injury in an accident on July 27, 2014. The IV office of the Canton of St. Gallen granted her various aids and compensation for severe helplessness, including an intensive care supplement. In May 2016, the parents applied for an attendance allowance for [A.], which the IV office, however, rejected in a decision dated July 7, 2016, as the requirements of Art. 39a IVV were not met.
[A.] filed an appeal against this decision, which the Insurance Court of the Canton of St. Gallen partially upheld in a decision dated March 13, 2018 and referred the matter back to the IV office for further clarification and a new decision. The IV office then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court did not enter into the appeal, as it was a preliminary or interim decision that is only contestable under narrow conditions. These conditions were not met by the IV office. In particular, the lower court's decision did not result in an irreparable disadvantage for the IV office, as [A.] apparently did not employ an assistant until her majority in January 2017.
The Federal Supreme Court further stated that even if the administration were forced to affirm the entitlement to an attendance allowance in principle based on the lower court's decision, this would…