Facts
L., born on 29 December 1944, first applied for a helplessness allowance from the IV (Disability Insurance) on 22 May 2007. The IV office of the canton of Thurgau denied the entitlement. L. reapplied for a helplessness allowance on 14 December 2009, which the IV office also rejected. Upon L.'s appeal, the Administrative Court of the canton of Thurgau overturned the decision of the IV office and referred the matter for further consideration to the Compensation Fund (Ausgleichskasse) of the canton of Thurgau. The Federal Social Insurance Office (BSV) then filed an appeal.Considerations
The Federal Supreme Court upholds the appeal. Contrary to the wording of Art. 42 para. 4 IVG, which refers to Art. 29 para. 1 IVG, the commencement of the entitlement to a helplessness allowance is not governed by this provision. Rather, Art. 28 para. 1 IVG continues to apply by analogy. The changes to the pension entitlement under the 5th IV revision, which led to a new regulation of the commencement of pensions in Art. 29 para. 1 IVG, do not affect the helplessness allowance. The commencement of the entitlement to a helplessness allowance should occur as early as possible in order to increase the chances of successful integration or retention of employment.…