Facts
The applicant, Tim Wenger, a German national, has suffered from Down syndrome since birth. In March 1972, his father registered him with the Disability Insurance (AI) to receive medical measures and contributions for attending preschool. The compensation fund of the canton of Basel-Stadt rejected these applications in July 1972 on the grounds that the insurance conditions regarding residence in Switzerland were not met in accordance with the Social Security Agreement between Switzerland and Germany. In November 1972, the cantonal appeals commission confirmed this rejection. In May 1975 and December 1977, new applications for the coverage of special education and transportation costs were rejected on the grounds that the transition from preschool to special school did not constitute a new insurance case. The applicant's mother then appealed against this decision.Considerations
The Federal Social Insurance Court considers that disability is deemed to have occurred when the condition objectively requires a medical measure or permanent supervision for the first time, and the beneficiary also meets the age requirements. In this case, the need to attend preschool and special school was already established before the applicant's arrival in Switzerland. The insurance case therefore occurred in June 1972, but the conditions of residence in Switzerland for at least one year were not met at that time.
The applicant's transition from preschool…