Deduction of disability-related transportation costs limited to trips to the nearest medical treatment facility

Facts

D., born in 1936, is hospitalized in the nursing center X due to a tetraparesis from a brain aneurysm. Her husband applied to the Compensation Fund of the Canton of Zug for the coverage of the costs for occasional transports of his wife with the Tixi-Taxi from the nursing home to his home. The Compensation Fund rejected this, as according to Art. 17 para. 1 lit. b EPVA, only costs for transports to the nearest medical treatment facility are considered as disability-related additional costs. The husband filed a complaint, which was upheld by the Administrative Court of the Canton of Zug. The Federal Social Insurance Office (BSV) then filed an administrative court appeal.

Considerations

The Federal Insurance Court states that the limitation of deductible transportation costs to those to the nearest medical treatment facility contained in Art. 17 para. 1 lit. b EPVA is lawful. With Art. 3 para. 4 lit. g EIA, the legislator intended to allow the deduction of disability-related additional costs for general living expenses only to the…