Facts
The old-age pensioner S., born in 1895, applied for a helplessness allowance from the Old Age and Survivors' Insurance (AHV), as he was severely helpless. The AHV compensation fund rejected the application, as S. was independent in performing bodily functions. S. filed a complaint, whereupon the AHV Appeals Commission of the Canton of Zurich affirmed the entitlement to a helplessness allowance from November 1989. The Federal Social Insurance Office (BSV) then filed an administrative court appeal.Considerations
The Federal Supreme Court states that the criterion of performing bodily functions should generally be retained for the assessment of helplessness. However, the concept of performing bodily functions should be interpreted more broadly, and the arranging…