Facts
The case concerns the entitlement to a child's pension from the Disability Insurance for the adult daughter of an insured person. The daughter commenced a one-year internship at her future training company, firm X AG, on August 1, 2011. This internship was neither legally nor regulatorily required, but she was assured that upon successful completion of the internship as an intern, she would receive an apprenticeship contract.
The IV-Stelle Basel-Landschaft (Disability Insurance Office of Basel-Landschaft) denied the entitlement to a child's pension, as in their view the internship did not constitute education within the meaning of the law. The insured person filed a complaint against this decision.
Considerations
The Federal Supreme Court addressed the question of whether such an internship can be recognized as education within the meaning of the law and thus establish an entitlement to a child's pension.
The court stated that according to Art. 49bis para. 1 of the Ordinance on Old-Age and Survivors' Insurance (AHVV), factually recognized educational programs can also be considered as education. According to the explanations of the Federal Social Insurance Office, this provision was also intended to allow bridge offers such as motivation semesters and pre-apprenticeships to be recognized as education.
The Federal Supreme Court concluded that an internship, which is not legally or regulatorily required…