Facts
The X. Foundation requested the Federal Social Insurance Office (BSV) to grant operating contributions from the Disability Insurance (IV) funds for the Y. Rehabilitation Centre and the Z. Institute for the year 2003. The BSV rejected the request, as from 2003 onwards, only persons with a decision granting them a disability pension or integration measures from the IV would be included in the calculation of the operating contributions, while a medical certificate would no longer be sufficient. The requirements for the payment of a contribution for the year 2003 were not met. The appeal of the X. Foundation against this decision was dismissed by the Federal Administrative Court. The Foundation then filed a public law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court considers the change in practice by the BSV to be lawful. According to the previous case law of the Federal Insurance Court (now the Federal Supreme Court), the entitlement to operating contributions under Art. 73 para. 2 lit. c IVG is not based on a disability entitling to a pension under Art. 28 and 29 IVG, but on the concept of disability under Art. 4 IVG. Accordingly, a person is considered disabled if they suffer from a permanent or long-lasting physical, mental or psychological health impairment and are dependent on the help of other people and/or special facilities.
The BSV is entitled and even obliged to regulate the contribution entitlement system in more detail within the framework of the legal competencies in a proper procedure. In doing so, it can no longer base the proof…