Facts
This decision concerns an appeal filed by Mr. against the decision of the IV Office of Schwyz and the Administrative Court of the Canton of Schwyz. The main issue concerns the examination of the circumstances with a view to granting a care allowance for minors, as well as the probative value of an investigation report from the IV Office for the evaluation of the degree of helplessness.
Considerations
The Federal Tribunal recalls that for the evaluation of the degree of helplessness within the meaning of Art. 36 OASIO, the question of the probative value of a local investigation report (according to Art. 69 para. 2 OASIO, in its version in force until 31 December 2002) is essentially the same as when it comes to the right to home care or auxiliary means allowances.
Thus, such an investigation report has full probative value if it meets the following conditions: it is prepared by a qualified person, familiar with the local and spatial conditions as well as the limitations and assistance needs resulting from the medical diagnoses; in case of uncertainties about the physical or mental disorders and/or their impact on activities of daily living, inquiries with medical professionals are not only authorized, but necessary; the indications of the persons providing the assistance, generally the parents, are taken into account, with any differences of…