Full Unemployment Benefit Entitlement for Maintenance of Adult Children in Training

Facts

[R.], born in 1944, an economist and father of two daughters born in 1972 and 1974, was a bank director until 31 December 1995. From 1 February 1996, he registered with the Unemployment Insurance Fund, which set his daily unemployment benefit at 70% of the insured earnings, as he did not receive child allowances. [R.] appealed this decision, requesting recognition of benefits equal to 80% of the insured earnings. The Cantonal Insurance Court upheld the appeal, finding that Art. 33(1) UIO, which makes the right to the 80% benefit conditional on the recognition of family allowances, is contrary to the law and therefore inapplicable.

Considerations

The Federal Social Insurance Court confirmed the decision of the Cantonal Court. According to the Court, Art. 22(2)(a) UISA, which provides for a reduction of the unemployment benefit to 70% for unemployed persons without maintenance obligations towards children, must be interpreted in light of family law, particularly Art. 277 CC. Therefore, the parental maintenance obligation towards adult children still in training, recognized by case law, is decisive for the purposes of Art. 22(2)(a) UISA, regardless of the receipt of family allowances at the cantonal level.

Furthermore,…