Guarantee of Acquired Rights in the Event of Initial Vocational Training

Facts

This decision concerns an insured person, C., who suffered an accident in 1992 while completing an apprenticeship as a metalworker-draftsperson. Following this accident, she was granted an extraordinary IV (InvIA) pension starting in April 1994. In February 1995, she began vocational training as a commercial employee, which was covered by the IV (InvIA). For the two-year extension of this training, the IV (InvIA) granted her a reduced daily allowance ("small daily allowance"). C. contested the amount of this allowance, arguing that she should have benefited from the guarantee of acquired rights provided for in Art. 25bis of the Invalidity Insurance Act (LAI).

Considerations

The Federal Tribunal ruled that Art. 25bis LAI, which provides for the maintenance of the daily allowance amount from accident insurance during rehabilitation, also applies to cases of initial vocational training where the insured person is only entitled to the "small daily allowance" under Art. 24(2bis) LAI. This interpretation is based on the clear wording of Art. 25bis LAI, which does not make a distinction according to the method of calculating the IV (InvIA) daily allowance. The Federal…