Facts
The case concerns a man, X, born in 1966, who suffered a tetraplegia in 1986. He benefited from vocational measures within the framework of disability insurance, including training in finance and investment consulting. He also received a salary of Fr. 45'000.-- per year, i.e. approximately Fr. 883.-- per month, for his work at company S. in Glattbrugg.
The disputed issue was X's right to reimbursement of taxi fares to commute to work, which the disability insurance office refused due to his insufficient monthly income. X contested this decision, arguing that he earned more than Fr. 1'200.-- per month and that his employer paid him a social salary.
The Disability Insurance Appeals Commission of the canton of Zurich rejected X's appeal, considering that his monthly income did not reach the required threshold. X then filed an appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court examined the question of whether social salary elements could be taken into account to determine whether X's gainful activity covered his needs. It considered that art. 9 para. 1 let. a InvIAO requires the gainful activity to be existenzsichernd, i.e. it must enable the beneficiary to support himself.
The Court estimated that X's income, including social salary elements, had to be taken into account to determine whether he met the conditions for reimbursement of taxi fares. It also considered that the fact that X's salary included social salary elements was not decisive, as the essential point was that his overall income allowed him to support himself.
The Court…