Facts
S., born in 1936, suffered an accident on 11 April 1992 and has since been severely helpless. The Compensation Fund of the Canton of Zurich granted him a helplessness allowance from the Disability Insurance (IV) as of 1 April 1993. After it became known that the helplessness was fully attributable to an event insured under the AIA with ELVIA Swiss Insurance Company, the Fund terminated the benefit by decree of 6 June 1994 with effect from the end of July 1994. Upon S.'s appeal, the Social Insurance Court of the Canton of Zurich overturned this decree. The Federal Social Insurance Office (BSV) then filed an administrative court appeal.Considerations
The Federal Supreme Court states that according to Art. 42 para. 1 IVG, insured persons are entitled to a helplessness allowance "provided that they are not entitled to a helplessness allowance under the Federal Act on Accident Insurance (AIA)". From the wording of this provision, it is not clear how it is to be handled if the requirements for entitlement are only met for one insurance in a certain period. The Federal Supreme Court concludes that an IV helplessness allowance is considered as long as the entitlement to the…