Facts
The case concerns the payment of a disability pension to a third party (a public assistance authority). The pension beneficiary, Mr. H., contested the decision of the compensation fund to pay a portion of the retroactive pension to the public assistance authority of the municipality of B. and that of the municipality of S. to compensate for the assistance benefits he had received. The key facts are as follows: - In 1990, the compensation fund granted Mr. H. a half-disability pension retroactive to 1986, as well as a child's pension. - When applying for benefits in 1987, Mr. H. had signed a form authorizing the payment of the pension to a third party, namely the assistance authorities of the municipalities of B. and S. to reimburse the assistance benefits he had received. - Mr. H. contested this decision to pay to third parties, arguing that he had not given his consent.Considerations
The Federal Insurance Court ruled that: 1. The decision to pay the pension to a third party can only be validly made after the right to the pension has been established by the disability insurance commission. Prior to this decision, the beneficiary's consent does not have the same legal effect. 2. In this case, the consent given in 1987 when applying for benefits is not…