Facts
The B. Foundation has been operating a residential home for AIDS patients in advanced stages of the disease for temporary care or accompaniment until death since January 5, 1989. The Federal Social Insurance Office (BSV) initially granted the Foundation a construction grant, but later refused to provide operating contributions beyond 1991, as the residential home did not serve the social or vocational integration of the disabled, but merely offered the residents an environment adapted to the disease with end-of-life care.
The B. Foundation subsequently filed an administrative court appeal, requesting that the entitlement to subsidies be confirmed beyond the end of 1991. The Federal Insurance Court therefore had to examine whether the [B.] residential home should be considered a residential home for the disabled within the meaning of Art. 73 para. 2 lit. c IVG and Art. 100 para. 1 lit. b IVV, and thus entitled to operating contributions under Art. 106 para. 2 IVV.
Considerations
The Federal Insurance Court concluded that the [B.] residential home is generally entitled to operating contributions. It justified this as follows:
Art. 73 para. 2 lit. c IVG in conjunction with Art. 106 para. 2 IVV grants residential homes for the disabled a federal legal claim to contributions. Contrary to the BSV's view, the [B.] residential home meets the requirements of a residential home for the disabled within the meaning of these provisions. Although it does not serve vocational integration, it provides the residents with accommodation, care and support appropriate to their state of health, which can be considered social integration within the meaning of the law. Even if the residents are not entitled to a pension within the meaning of Art. 28 and 29 IVG, it is…