Claim of a retired person residing in Spain for orthopedic adaptation of off-the-shelf shoes by the Swiss Old Age and Survivors' Insurance

Facts

M., born in 1931, had for years been dependent on the orthopedic modification of off-the-shelf shoes, the costs of which had been covered by the Disability Insurance. After his retirement and relocation to Spain, he wanted to have another adaptation carried out in Switzerland and submitted an application for cost coverage by the Old Age and Survivors' Insurance on June 28, 2002. The Swiss Compensation Office rejected this with a ruling of July 9, 2002, as M. was resident in Spain. The appeal filed against this was dismissed by the Federal Appeals Commission for OASIA/DI for persons residing abroad with a decision of June 16, 2003. M. then filed an administrative court appeal and renewed his request for cost coverage.

Considerations

The Federal Court decided that the orthopedic adaptation of off-the-shelf shoes is to be classified as a benefit in kind in the event of illness within the meaning of Art. 4 para. 1 lit. a of Regulation No. 1408/71. However, M. as a retired person residing in Spain and insured there for benefits in kind in the event of illness, is only entitled to have the costs covered by a Swiss carrier if he meets the…