Facts
Marie R., born in 1959, is visually impaired. She is pursuing studies, the additional costs of which related to her disability are covered by the disability insurance. Mother of two children born in 1985 and 1991, she married Markus S. on April 20, 1990. After registering on December 21, 1987 to receive supplementary benefits, the compensation fund of the canton of Solothurn granted her supplementary benefits in addition to the daily allowance from the disability insurance, which have been adjusted several times. According to an uncontested decision of January 16, 1991, the amount of supplementary benefits was CHF 1,323 per month from January 1991 onwards. In the context of a periodic review, the R. branch of the compensation fund informed in September 1991 that Marie R. had married on April 20, 1990, without this information having been transmitted. By decision of November 22, 1991, the compensation fund then granted the insured person supplementary benefits of CHF 1,631 per month as of September 1991.Considerations
First, the Federal Social Insurance Court examines the issue of the applicable income ceiling for the calculation of supplementary benefits. According to Art. 2 para. 1quater of the Supplementary Benefits Act (LPC), recipients of daily allowances from the disability insurance are also entitled to supplementary benefits, but the increased income limits applicable to orphans do not apply to them. The Court considers that this interpretation clearly emerges from the wording of the law and is in line with the legislator's intention.
Next, the Court examines from what date the fact that the applicant married on April 20, 1990 must be taken into account for the calculation of the supplementary benefits. According to Art. 25 para. 1 let. a and para. 2 let. a of the Ordinance on Supplementary Benefits (OPC-AVS/AI), in the event of a…