Decision on the Assumption of Repair Costs for Hearing Aids by the Disability Insurance

Facts

The insured person Tibor Kemény received a hearing aid from the Disability Insurance. When it needed to be repaired, the Compensation Office only covered a portion of the costs, as it applied a deductible of 30 francs in accordance with the instructions of the Federal Social Insurance Office (BSV). The Insurance Court of the Canton of Bern overturned this ruling and instructed the administration to also reimburse the insured person the amount of 30 francs. The BSV then filed an administrative court appeal.

Considerations

The Federal Court dismissed the BSV's appeal. It stated that Art. 7 para. 2 of the Ordinance on the Provision of Aids by the Disability Insurance (HVI) excludes a deductible in the sense of a fixed monetary amount applicable to all insured persons. The deductible of 30 francs imposed by the BSV for repairs of hearing aids constitutes an inadmissible transfer of maintenance and operating costs to the insured person. This violates Art. 7 paras. 2 and 3 HVI, as the repair costs are generally to be borne by the Disability Insurance, while the…