Facts
In this case, the question was whether R., who had cared for his mother for less than a year and had been ill for less than twelve months during the two-year contribution period, could invoke the cumulative grounds for exemption of illness (Art. 14 para. 1 let. b UIA) and the end of care for a person requiring care (Art. 14 para. 2 UIA). The unemployment insurance fund had rejected the claim based on the circular of the State Secretariat for Economic Affairs (SECO) on unemployment benefits, in force since 1 January 2003 (no. B148), which excluded the cumulative application of the grounds for exemption under paras. 1 and 2 of Art. 14 UIA. However, the Federal Tribunal ruled that this administrative practice was not in accordance with the law. It considered that there was no justification for excluding the cumulative application of the two grounds for exemption, provided that the specific conditions of causality were met for each of them. The Tribunal therefore accepted the possibility of cumulating the grounds for exemption of illness and the end of care for a person requiring care.Considerations
The Federal Tribunal first recalled that, in order to benefit from the exemption from the contribution period requirement, a causal link must be established between the ground invoked and the impossibility of completing the required contribution period. Regarding Art. 14 para. 1 UIA, the causal link must exist between the illness and the impossibility of pursuing a gainful activity for more than 12 months. For Art. 14 para. 2 UIA, the causal link must be established between the event invoked (here, the end of care for a person requiring care) and the necessity of pursuing a dependent gainful activity. The Tribunal considered that these two specific conditions of…