Facts
[S.], born in 1960, applied to the Disability Insurance (IV) for benefits in January 2001. The IV office awarded him a full disability pension with a degree of disability of 100% as of February 2002. In March 2004, [S.] applied for a helplessness allowance, which the IV office rejected in a decision of September 2004. [S.] appealed against this rejection, which was dismissed by the Administrative Court of the Canton of Lucerne in September 2005. [S.] then filed an administrative court appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court upholds the administrative court appeal. It states that according to Section 8053 of the Circular on Disability and Helplessness in Disability Insurance (KSIH), practical life assistance is regularly required if it averages at least two hours per week over a period of three months. This regulation does not violate the principle of equality before the law (Art. 8 para. 1 Cst.), the…