Entitlement to an ordinary disability pension despite the absence of a minimum contribution period before disability

Facts

K., a Spanish national born in Switzerland on 7 March 1971 and residing in Spain since 1 August 1991, was granted a full disability pension as of 1 April 1990. However, the Federal Social Insurance Office (FSIO) determined that the disability had actually occurred on 1 April 1989, i.e., the first month following K.'s 18th birthday. Since she did not meet the condition of a minimum one-year contribution period before the disability, the Foreign Nationals' Disability Insurance Office revoked the pension as of 1 December 1998. K. contested this decision before the Federal Insurance Court.

Considerations

The Federal Insurance Court ruled that, although K. had been disabled from the age of 18 due to the consequences of a serious traffic accident at the age of 5, she could not claim a disability pension as long as she was receiving rehabilitation measures and a daily allowance under Art. 22 InvIA. However, the fact that she had undergone extended special training and received a small daily allowance subject to AHV contributions until 31 March 1990 should be considered as fulfilling the condition of a minimum one-year contribution period before the disability. Consequently, K. is entitled to an ordinary…