Facts
In this case, the central issue was whether the social assistance benefits paid by the municipality of Y. to the claimant could be considered "advances granted in anticipation of the granting of disability insurance benefits" within the meaning of Art. 50 para. 2 InvIA and Art. 85bis InvIO, thus allowing the subsequently granted disability pension to be paid directly to the municipality. The facts are as follows: - The claimant received social assistance benefits from the municipality of Y. between January 1, 1999 and April 30, 2001. - She then filed a claim for benefits with the disability insurance on January 7, 2000. - When the disability pension was granted, the amount of 16,530 CHF was paid directly to the municipality of Y. to be offset against the social assistance benefits it had provided. The claimant contested this direct payment to the municipality, on the grounds that the social assistance benefits had not been granted "in anticipation of the granting of disability insurance benefits" as required by the legal provisions.Considerations
The Federal Court rejected the claimant's argument. It considered that for the coordination of benefits between social assistance and disability insurance, the decisive criterion is the fact that benefits from both schemes have been paid objectively for the same period, and that the other conditions of Art. 85bis InvIO regarding payment to third parties are met. It is not, however, necessary that the social assistance benefits have been granted in knowledge of a pending or future claim with the disability insurance. The Court also rejected the…