Rejection of the claim for supplementary benefits for a child living separately from the parent

Facts

In this case, the claim for supplementary benefits for the daughter [S.] , who had been living with an extended family since February 2009, was at issue. The social welfare office of the municipality of [X.] had registered [S.] and her mother [T.] with the Compensation Fund of Appenzell Ausserrhoden for the receipt of supplementary benefits.

However, the Compensation Fund denied a claim for supplementary benefits for both [T.] and her daughter [S.] . The social welfare office filed a complaint on behalf of the municipality of [X.] .

The Administrative Court of Appenzell Ausserrhoden dismissed the complaint. Thereupon, the municipality of [X.] filed a public law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court confirmed the decision of the lower instance. It stated that children who receive child pensions from the Disability Insurance do not have their own claim to supplementary benefits. This also applies if, according to Art. 7 para. 1 lit. c ELV, the supplementary benefit for a child living separately from the parent is to be calculated separately.

The Federal Supreme Court explained…