Facts
The decision concerns a person, X, born in 1966, who had to abandon their studies due to health problems. They then worked part-time as a saleswoman before applying for disability insurance benefits. The Federal Social Insurance Office (FSIO) granted vocational training to become a commercial employee, but set the daily allowance at 55 Swiss francs per day. X contested this decision, requesting an increase in the allowance.
The Disability Insurance Appeals Commission of the Canton of Zurich partially admitted the appeal, considering that the training should be considered as reintegration and not as initial training. The FSIO then appealed to the Federal Insurance Court, which annulled the decision of the Appeals Commission and confirmed the initial decision of the FSIO.
Considerations
The Federal Insurance Court considered that the vocational training followed by X could not be qualified as reintegration within the meaning of Article 17 of the Federal Act on Disability Insurance (InvIA), as X had not exercised a gainful activity of a certain economic importance before the onset of disability. Indeed, according to case law, income from a gainful activity of a certain economic importance must have been earned for at least six months before the onset of disability for an insured person to be entitled to a high daily allowance.
The Federal Insurance Court also considered that the new regulations on the right to a daily allowance, resulting from the second revision of disability insurance, no longer…