Rejection of the application for family allowances for a child residing abroad in the absence of an international convention

Facts

[A.], domiciled in Switzerland, works for a Swiss employer, with an activity carried out both in Switzerland and in France. He applied for family allowances for his minor child residing in Brazil with his mother. The compensation fund rejected this application on the grounds that there was no international convention between Switzerland and Brazil on family allowances. [A.] appealed against this decision, arguing that he should be considered as a person working abroad for an employer whose headquarters are in Switzerland and, as such, be entitled to the claimed family allowance.

Considerations

The Federal Tribunal dismissed the appeal. According to Art. 7(1) of the Ordinance on Family Allowances (OAFam), the payment of family allowances for children residing abroad is subject to the existence of an international convention. In the present case, no such convention has been concluded between Switzerland and Brazil.

Furthermore, although the appellant carries out a gainful activity simultaneously on Swiss and French territory, he is subject to the Swiss Old-Age and Survivors' Insurance (AVS) for all his activities under the European regulations on the coordination of social security systems. Therefore, Art. 1a(3)(a) of the Federal Act on Old-Age and Survivors' Insurance…