Facts
The application for complementary benefits was filed by F., born in 1928 and suffering from Alzheimer's disease, after her transfer from a home in Ticino to a specialized facility in the canton of Zurich, where her three daughters live. The Compensation Fund of the canton of Ticino rejected the application due to an excess of income over recognized expenses. F. contested the applied parameters and requested that the maximum daily tax recognized in the canton of Zurich be taken into account for the calculation of complementary benefits.
The Insurance Court of the canton of Ticino dismissed the appeal, confirming the competence of the canton of Ticino and the application of the amounts fixed by Ticino legislation. F. appealed to the Federal Court, requesting the annulment of the cantonal judgment and the granting of an annual complementary benefit.
Considerations
Competence and calculation of complementary benefits
The Federal Court recalled that the competence to determine and pay complementary benefits lies with the canton of domicile, in this case the canton of Ticino (art. 21, para. 1, SBA). The calculation of complementary benefits is based on recognized expenses, which include the stay tax in a medico-social establishment (art. 10, para. 2, let. a, SBA).
Limitation of expenses taken into consideration
The cantons may limit the expenses taken into consideration for the calculation of complementary benefits, but must ensure that the stay in a recognized establishment does not cause dependence on…