Recognition of an Internship as Education within the Meaning of Family Allowances Law

Facts

In this case, the issue was the entitlement to education allowances for the daughter of the respondent, who completed a one-year internship in a childcare facility before starting a training program as a childcare specialist. The Employer Family Compensation Fund Basel refused the education allowances, as in their view the internship did not constitute education within the meaning of Art. 49bis para. 1 OASIO. The Federal Supreme Court had to decide whether the internship could be recognized as part of the educational program.

Considerations

The Federal Supreme Court held that the recognition of an internship as education within the meaning of Art. 49bis para. 1 OASIO does not depend on whether a traineeship can be taken up in the same or a different company after the internship. Rather, the decisive factor is whether the internship is factually necessary for the intended education.

In the present case, the Federal Supreme Court found that an internship is a factual necessity for the training as a childcare specialist. Furthermore, the daughter of the respondent had the intention to actually complete…