Facts
The claimant, born on 28 September 1960, suffers from congenital mental retardation and right-sided hemiplegia due to birth injury. The IV has so far granted her various benefits such as medical measures, auxiliary means, contributions for special school, as well as low degree helplessness allowances. In January 1979, her father requested that she be granted a helplessness allowance from the IV. The IV commission concluded, based on a medical report, that she only presented a low degree of helplessness. The claimant appealed against this decision.Considerations
According to case law, a medium degree of helplessness is characterized by the fact that the insured person regularly and significantly needs the help of a third party for most ordinary acts of life, or that they regularly and significantly need the help of a third party for at least two ordinary acts of life and also require permanent personal supervision.
In the present case, it has been established that the claimant regularly and significantly needs the help of a third party for four ordinary acts of life (dressing and undressing, eating, personal care, going out and contacts with the environment). Therefore, the conditions of Art. 36 para. 2 let. a InvIO for the…