Entitlement to Stairlift as an Aid of the Disability Insurance

Facts

The case concerns the entitlement of an insured person to a stairlift as an aid of the Disability Insurance. The IV office of the Canton of Aargau had rejected the insured person's application, as the required integration effectiveness of at least 10% according to the instructions of the Federal Office of Social Insurance (KHMI) was not achieved. The insured person appealed against this decision. The Federal Supreme Court had to assess whether the minimum threshold of 10% integration effectiveness laid down in the instructions is lawful or whether deviations in individual cases are permissible.

Considerations

The Federal Supreme Court concluded that the quantitative integration effectiveness of at least 10% stipulated in Section 13.05.5* KHMI is to be interpreted in connection with the general regulation in Paragraph 1019 KHMI. It is therefore not to be understood as an absolute minimum, but as a guideline that is accessible to deviations in individual cases. The improvement of at least 10% required by the instructions is a permissible concretization of the statutory…