Facts
[Q.], former head of department at G. GmbH, suffered complete sensorimotor tetraplegia following a fall during the take-off of a paragliding flight on May 17, 2009. She has been receiving a full disability pension (IV) since May 1, 2010. Although the IV has granted her various technical aids, she was denied the helplessness allowance and the assistance allowance, on the grounds that the mandatory accident insurance (AA) was already paying her a helplessness allowance. [Q.] appealed against this refusal up to the Federal Tribunal.Considerations
The Federal Tribunal dismisses the appeal. According to the law, only persons in receipt of a helplessness allowance from the IV are entitled to an assistance allowance. However, in this case, [Q.] receives a helplessness allowance from the AA, which offers more extensive benefits than the IV. Although the purpose of the assistance allowance is to promote independent living at home, the legislator has expressly excluded recipients of a helplessness allowance from the AA from the right to this allowance. This exclusion does not constitute discrimination contrary to the Constitution or the ECHR, as the benefits of the AA are more advantageous than those of the IV.
The Federal Tribunal also…