Facts

Parties: A. (Appellant) against IV Office of the Canton of Zurich (Respondent)

Facts:

  • [A.] has been a paraplegic since an accident in 1994 and receives a three-quarter pension and a compensation for moderate helplessness from the disability insurance.
  • By decision of December 9, 2014, she was granted an assistance contribution of CHF 2,393.75 per month.
  • After an increase in the assistance contribution in January 2017 and a subsequent revocation by the Social Insurance Court of the Canton of Zurich in July 2018, the IV Office re-determined the assistance contribution with four decisions of September 2, 2020.
  • The Social Insurance Court of the Canton of Zurich dismissed A.'s appeal by judgment of August 30, 2021.
  • [A.] filed a public law appeal, requesting the highest possible allowance of 180 hours per month, minus the helplessness compensation, plus the nighttime allowance.

Considerations

The appellant [A.] seeks an increase in the assistance contribution, particularly in the area of education and childcare. She argues that the standardized assessment tool FAKT2 does not adequately reflect her need for assistance and demands an adjustment of the contribution in accordance with the maximum allowances pursuant to Art. 39e InvIO.

The Federal Supreme Court examines the suitability of FAKT2 for determining the entire need for assistance and finds that the instrument is not suitable in the area of education and childcare. This is because the minute values stored in FAKT2 are not appropriate and thus not in compliance with federal law. The minute values in this area…