Facts
The case concerns the issue of jurisdiction for the provision of supplementary benefits (EL) for the daughter [L.] , who has been living in a foster family since November 2003. Mother [S.] has been receiving a full disability pension and supplementary benefits in Canton [X.] since February 2000. Father [K.] received a full disability pension retroactively in March 2005. In June 2006, the municipality of [U.] filed an application with the Social Insurance Agency (SVA) of the Canton of St. Gallen for a recalculation of the EL for [L.] from March 2005 onwards.
The SVA did not consider the request, as [L.] was already receiving supplementary benefits in Canton [X.] . The cantonal court overturned the objection decision, as the request had been formally filed by [L.] herself, who, however, had no independent EL claim. The municipality of [U.] and the parents of [L.] then filed an appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that children who are only entitled to a child's disability pension (IV) do not have an independent claim to supplementary benefits. The supplementary benefits are rather to be considered within the framework of the parents' entitlement.
However, the SVA should not have simply rejected the request, but should have informed the parents about the legal situation and given them the opportunity to file a formally…