Payment to Third Parties of Retroactively Awarded Daily Allowances

Facts

This decision concerns a dispute between D. and the IV Office of the Canton of Aargau and the Insurance Court of the Canton of Aargau. The main issue is whether Art. 85bis of the Ordinance on Disability Insurance (InvIO) also applies to the retroactive payment of daily allowances, in addition to the retroactive payment of pensions.

The Federal Supreme Court has examined in detail the various elements of interpretation (text of the law, history, systematics, purpose and meaning of the norm) and has concluded that Art. 85bis InvIO applies by analogy to retroactively paid daily allowances, in addition to pensions. Thus, the payment of daily allowances to third parties, in compensation for advances granted by a social welfare organization, is admissible, if necessary even without the consent of the beneficiary of the benefit.

Considerations

First, the Federal Supreme Court notes that the text of Art. 85bis InvIO appears at first glance to only address the retroactive payment of pensions. However, a more in-depth interpretation taking into account the other elements of interpretation (history, systematics, purpose and meaning) leads to a different conclusion.

From a historical perspective, the parliamentary proceedings during the introduction of Art. 50(2) of the Disability Insurance Act (InvIA) show that the legislator intended to allow retroactive payment to third parties not only for pensions, but also for other benefits such as daily allowances. This is explained by the desire to remedy the problematic situation created by the decision of the Federal Insurance Court in ATF 118 V 88, which had limited the possibilities of payment to third parties who had granted advances.

From a systematic point of view, the fact that Art. 85bis InvIO is placed under the title "Common Provisions" rather than…