Jurisdiction of the Supplementary Benefits (EL) Authorities in the Case of Residence in a Health Resort

Facts

A., born in 1925, lived in X. (Canton of St. Gallen) before entering the health resort Y. in Z. (Canton of Thurgau) as a retiree in early July 1997. The Old Age and Survivors' Insurance (SVA) of the Canton of St. Gallen rejected A.'s applications for Supplementary Benefits (EL) to the old-age pension, as it considered itself territorially incompetent. The Insurance Court of the Canton of St. Gallen overturned the objection decision of the SVA St. Gallen and referred the matter back to the SVA St. Gallen for a substantive examination of the EL claim and a new ruling. The SVA St. Gallen then filed a complaint with the Federal Supreme Court, requesting confirmation of its non-entry decision, as the local jurisdiction lies with the EL authorities of the Canton of Thurgau.

Considerations

The Federal Supreme Court upheld the complaint of the SVA St. Gallen. It stated that the restriction of the EL-legal concept of a "home" in Art. 25a para. 1 of the Supplementary Benefits Ordinance (ELV) to institutions that are either recognized as a home by a canton or have a cantonal operating license, applies in principle wherever the Supplementary Benefits Act (ELG) refers to a "home", including in the scope of application of Art. 21 para. 1 second sentence ELG. Since the health resort…