Facts
The dispute opposes [K.] to the unemployment insurance fund of the canton of Zug and the administrative court of the canton of Zug. [K.] contests the refusal of the unemployment insurance fund to pay him the increased daily allowance due to his maintenance obligation towards his children. The unemployment insurance fund based its decision on a directive of the SECO (State Secretariat for Economic Affairs) which limits this maintenance obligation until the age of 25, whereas civil law does not provide for an absolute age limit.Considerations
The Federal Tribunal considers that the SECO directive is not in accordance with the law. Indeed, the increase in the amount of the unemployment benefit is linked to the civil maintenance obligation, without the legislator having provided for any exception. According to civil law, the parents' maintenance obligation towards their adult children lasts until the latter have completed their education, without an absolute age limit set at 25 years.
The Federal Tribunal notes that the determining factor is not only the exceeding of the age of 25,…