Facts
This decision concerns a dispute between the Federal Social Insurance Office and Haltinner, as well as the Insurance Court of the Canton of St. Gallen. The main issue is the calculation of the daily allowance from the disability insurance when the insured person has a partial earning capacity during rehabilitation.
According to Art. 23 para. 1 InvIA, the daily allowances of the disability insurance are paid in the form of household allowances, allowances for single persons, child allowances, attendance allowances and operating allowances. Art. 21 para. 1 InvIO provides that the provisions of the Ordinance on Loss of Earnings Compensation (EOV) shall apply by analogy for the calculation of daily allowances and the determination of attendance allowances.
Within the direct framework of the EOG and the EOV, the operating allowance is in no way reduced. However, when the disabled insured person can engage in limited gainful employment during the rehabilitation measures and receives income, the daily allowance, including the rehabilitation supplement, must be reduced in accordance with Art. 21 para. 3 InvIO. Since the daily allowances also include the operating allowance, this must also be included in the reduction.
Considerations
The Federal Court considers that when the disabled insured person can again partially participate in the operation of his or her business, his or her situation can no longer be compared to that of a person subject to military service. It is therefore justified to include the…