Limitation of Compensation for Illness and Disability Costs within the Framework of Supplementary Benefits

Facts

[B.], born in 1977, receives a full disability pension from the Disability Insurance as well as a severe disability allowance. The Compensation Fund of Schwyz reduced the reimbursement of illness and disability costs, arguing that these would only be reimbursed up to a maximum amount of CHF 90,000 per year, which had already been reached for the year 2010. The Administrative Court of the Canton of Schwyz dismissed B.'s appeal.

[B.] lodges a public law appeal and requests the Compensation Fund to reimburse the disability-related expenses without any annual monetary limit.

Considerations

The Federal Supreme Court examines the application of cantonal law for arbitrariness and assesses, with free cognition, whether the non-arbitrary interpretation of cantonal law is compatible with the fundamental rights guaranteed by the Federal Constitution and the European Convention on Human Rights.

The Federal Supreme Court concludes that the cantonal regulation, which limits the supplementary benefits for illness and disability costs while complying with the minimum amounts of Art. 14 paras. 3 and 4 of…