Right to the contribution for special care for a disabled minor

Facts

The insured, born in 1972, suffers from profound deafness. In 1981, he was granted a contribution for special care for mild disability. In 1984, the Vaud Cantonal Compensation Fund discontinued this contribution, effective February 1, 1985. The insured, represented by his parents, appealed this decision to the Insurance Court of the Canton of Vaud, which dismissed the appeal. The insured then filed an administrative law appeal against this judgment.

Considerations

The Federal Court considered that when a disabled minor meets the conditions of Art. 36 para. 3 let. d InvIO, they are entitled to the contribution for special care for mild disability, even if the alternative conditions listed in let. a to c are not met. The restrictive practice of the Federal Social Insurance Office (FSIO), which excludes the right to the contribution in case of "severe disability", has no legal basis.

However, to determine whether the conditions for the discontinuation of the contribution are met, the provisions of Art. 41 InvIA and Art. 87 et seq. InvIO must be applied by analogy. Any significant change…