Facts
The case concerns a procedure for granting a pension, in which the administration must examine ex officio the possibility of a hardship case. The parties involved are the Disability Insurance and the applicant, who requested a pension due to their disability. The procedure began on January 1, 1988, the date on which the new law came into force.
The Federal Insurance Court was seized of the question of whether the administration must examine ex officio the possibility of a hardship case in a procedure for granting a pension, or whether it can waive further investigations if the economic conditions of the hardship case are not manifestly met.
Considerations
The Federal Insurance Court recalled that the administration must examine ex officio the possibility of a hardship case in a procedure for granting a pension, in accordance with Article 28 paragraph 1bis of the Disability Insurance Act (InvIA) and Article 28bis of the Disability Insurance Regulation (InvIO).
The Court also recalled that the administration will only waive further investigations if the economic conditions of the hardship case are manifestly not met. Insofar as it subordinates the right to a pension for a hardship case to a specific request from the insured, the administrative practice is contrary to the law.
The Court examined the applicable legal and regulatory provisions, in particular Articles 28, 28bis and 42 of the InvIA, as well…