Reimbursement of travel expenses for daily visits of a breastfeeding mother to her hospitalized child

Facts

The Federal Court was seized of an appeal by the Federal Social Insurance Office (OFAS) against a decision of the Valais Cantonal Insurance Court. The dispute concerned the reimbursement of travel expenses for a breastfeeding mother to travel daily to her child hospitalized in an establishment distant from her home.

Considerations

The Federal Court ruled that the presence of the mother with her hospitalized child cannot be considered a medical measure within the meaning of Art. 13 para. 1 InvIA, regardless of its usefulness or necessity for the child's treatment. Therefore, the mother's travel expenses cannot be covered on this basis.

However, the Federal Court considered that when breastfeeding is a vital measure for the child, the disability insurance is required to reimburse the necessary travel expenses for daily visits and, if necessary, to grant a travel allowance. This solution is necessary because the distance between the home and the hospital as well as the necessary care are…