Calculation of Compensation for Illness and Disability Costs for Recipients of Old Age and Survivors' Insurance (AHV) Helplessness Allowance

Facts

A., born in 1930, applied in March 2015 for supplementary benefits in the form of reimbursement of illness and disability costs totaling CHF 104,520.57. The Cantonal Social Insurance Office of Aargau denied the claim for reimbursement, as the surplus of income of CHF 31,222.- exceeded the recognized costs of a maximum of CHF 25,000.- per year. The Cantonal Court confirmed this calculation.

Considerations

The Federal Supreme Court held that according to the clear wording of Art. 14 paras. 4 and 5 SBA, an increase of the minimum amount to CHF 90,000.- is only provided for persons with an entitlement to a helplessness allowance from the Disability or Accident Insurance, or for those who previously received a helplessness allowance from the IV. However, if a helplessness allowance is "merely" granted by the AHV, the reimbursement of illness and disability costs is limited to CHF 25,000.-.

In calculating the reimbursement under Art. 14 para. 6 SBA, only the…