Facts
Since 1 August 1979, I. (born in 1961) had been receiving a mild degree of helplessness allowance from the IV (Disability Insurance). On 10 April 2000, the insured requested a review of his entitlement, indicating that he required more third-party assistance. After examination, the IV Office of the Canton of Zurich granted him, with effect from 1 April 2000, a moderate degree of helplessness allowance. I. appealed against this decision, and the Social Insurance Court of the Canton of Zurich ruled that the insured was entitled to a moderate degree of helplessness allowance from 1 April 1995.Considerations
The Federal Court considered that the initial decision of 27 August 1980 granting a mild degree of helplessness allowance was manifestly erroneous, as the insured already had a moderate degree of helplessness at that time. According to case law, the defect is deemed to have been discovered at the time when the existence of an error appeared probable, so that the administration should have carried out further investigations, or when the insured submitted a request for review, which should have obliged it to act.
In the present case, the information provided by the insured during the 1991 and 1996 reviews should have led…