Facts
X, born in 1931, was registered on May 9, 1995 to receive a helplessness allowance from the Disability Insurance (IV). The IV office of the Canton of Zurich granted his wife A. a helplessness allowance for mild helplessness for the months of March to May 1995, and a helplessness allowance for severe helplessness for the months of June and July 1995. A. filed a complaint against the decision for the months of March to May 1995 and requested compensation for severe helplessness from March 1, 1995. The Social Insurance Court of the Canton of Zurich overturned the contested administrative act and determined that there was an entitlement to a helplessness allowance for moderate helplessness for the months of March to May 1995. The IV office then filed an administrative court appeal with the request to overturn the cantonal decision.Considerations
The Federal Court concluded that changes in helplessness during the one-year waiting period must be taken into account in the calculation of the helplessness allowance. While the rules on the revision of the pension and helplessness allowance (Art. 86 to 88bis IVV) generally refer to changes that occur after the entitlement has arisen, a deterioration of helplessness during the waiting period cannot be disregarded, as the requirements for permanence under Art. 29 para. 1 lit. b IVG must also be observed in the area of helplessness.
To determine the average degree of helplessness during the waiting period, the compensation rates in Art. 37 IVV must be used. Accordingly, the monthly helplessness allowance for severe helplessness is 80%, for moderate helplessness…