Facts
The case concerns a request for complementary benefits filed by S., mother of a child, who has been receiving daily allowances from disability insurance (AI) since January 3, 2011. The Service of complementary benefits of the canton of Geneva (SPC) granted cantonal complementary benefits, but did not take into account the recognized income and expenses of the child in the calculations, on the grounds that it was not benefiting from a child's pension from AI.
The Court of Justice of the Republic and canton of Geneva, Chamber of Social Insurance, admitted S.'s appeal and recognized that the child should be included in the calculation plan of the due benefits. The SPC lodged a public law appeal against this judgment, requesting the annulment insofar as it concerns federal complementary benefits.
Considerations
The Federal Insurance Court examined the scope of art. 4 para. 1 let. c SBA and art. 8 para. 1 SBO, relating to the calculation of the complementary benefit of a person receiving daily allowances from AI. It considered that the provisions of the SBA only concern children entitled to an orphan's pension or a supplementary pension from the old-age and survivors' insurance or AI.
The Federal Court also examined the previous case law, in particular the judgment ATF 119 V 189, which established that the increased income limits corresponding to the income limit applicable to orphans only applied if the children of beneficiaries of complementary benefits were entitled to a supplementary pension from the old-age and survivors' insurance or AI. The Federal Court considered that this case law retained all its relevance under the SBA of October 6, 2006.
The Federal Court rejected the argumentation of the cantonal court, which had held that the exclusion of children…