Facts
Anny H., born in 1908 and divorced since January 1956, has resided in various medical-social institutions in the Canton of Geneva since February 1977. On May 12, 1979, she moved into a nursing home in Weinfelden, in the Canton of Thurgau. The Old Age, Survivors' and Invalidity Insurance Office (OAPA) of Geneva then ceased the payment of supplementary benefits on her behalf as of September 1, 1979, on the grounds that she had changed her canton of residence. The OAPA transferred the file to the Compensation Fund of the Canton of Thurgau, which refused to pay the benefits on the grounds that Anny H. had not established her domicile in that canton. The OAPA then appealed to the Appeals Commission of the Canton of Thurgau for the AVS, which decided that the Canton of Geneva remained competent for the payment of the benefits. The OAPA then appealed to the Federal Insurance Court.Considerations
The Federal Insurance Court has broad powers of review in procedures concerning territorial jurisdiction for the payment of supplementary benefits, without being bound by the factual findings of the previous instance.
According to case law, the determining domicile for the payment of supplementary benefits is the one where the insured person has their center of life, with the intention of residing there permanently. Mere residence in a medical-social institution is not sufficient to establish a new domicile, unless the person has moved there of their own free will, without being compelled to do so, and has effectively transferred their…