Facts
Marion Zimmermann, born in 1975, has suffered from severe cerebral palsy since birth. The Disability Insurance (IV) has provided her with various benefits since 1975, including contributions for her specialized schooling.
In July 1983, Marion's father informed the IV Commission of his intention to install a stair lift in the home of his in-laws, at a cost of approximately 30,000 francs. The Compensation Fund of the canton of Schaffhausen rejected this request on the grounds that, according to Annex 13.05* of the InvIAO, contributions for stair lifts can only be granted if they enable the insured to overcome the journey to the workplace to engage in a gainful activity ensuring subsistence, which was not the case for this minor who was not economically active.
The Cantonal Court of Schaffhausen confirmed this refusal. Marion Zimmermann then appealed to the Federal Insurance Court.
Considerations
The Federal Insurance Court considers that, although the installation of a stair lift primarily serves to improve the mobility of the insured within the home, it can also enable the insured to overcome the journey to the specialized school. Therefore, even if the insured does not meet the conditions to obtain a contribution under Annex 13.05* of the InvIAO, she can claim it on the basis of Annex 13.06*, which provides for contributions for stair lifts enabling the insured to overcome the journey to the place of education.
The Federal Court considers that the conditions for granting such a contribution are met in the…