Right to a Second Year of Basic AI Training

Facts

The decision concerns the right of a person with Down syndrome to a second year of basic AI training. The IV-Stelle Basel-Landschaft refused to finance a second year of training, on the grounds that the beneficiary would probably not be able to engage in gainful employment influencing the pension or to be integrated into the primary labour market. The cantonal court ruled that AI Circular No. 299 of the FSIO, which imposed these conditions for the granting of a second year of training, was unlawful. The IV-Stelle appealed against this decision.

Considerations

The Federal Tribunal considers that the requirement, set out in AI Circular No. 299, of good prospects of future earning capacity influencing the pension or integration into the primary labour market, for the granting of a second year of training, is not in accordance with the law. According to the law, the right to vocational rehabilitation measures, including initial vocational training, depends on their necessity, appropriateness and proportionality in the individual case, without it being necessary for the measure to have an impact on the right to a…