Facts
The applicant, born on August 22, 1980, suffers in particular from Down syndrome. Her mother applied for an helplessness allowance from the Disability Insurance (AI) on June 13, 1983. After various investigations, the Compensation Fund of the Canton of Aargau granted the applicant, as of August 11, 1983, a daily allowance of 4 francs for mild helplessness under Art. 20 para. 1 InvIA. The applicant appealed against this decision, requesting that the allowance be paid from September 1, 1982. The Cantonal Court of Aargau confirmed the decision of the Compensation Fund, setting the beginning of the entitlement to the allowance on August 1, 1983.Considerations
According to established case law, the right to a helplessness allowance is only granted when the state of helplessness is largely stabilized and in principle irreversible, i.e. when conditions analogous to those of variant 1 of Art. 29 para. 1 InvIA are met. Furthermore, the duration requirement is considered to be met when the helplessness has lasted 360 days without substantial interruption. This waiting period can begin before the completion of the second year, analogous to the waiting period concerning the beginning of the entitlement to a pension under Art. 29 para. 1 InvIA, variant 2.
According to the recently established report, the development of children with Down syndrome is relatively normal during the first year, but deviates significantly thereafter. From January 1981, the applicant required physiotherapy due to her motor delay, making hygiene care and dressing more difficult. Since May 1981, she has also followed a feeding therapy due to her frequent refusal to…