blue News publicized a possible way out IV pensioner loses 20,000 francs - Federal Councillor now questions statute of limitations
For ten years, a Thurgau IV pensioner received too little money due to a mistake by the authorities - around CHF 20,000 was lost. Now the federal government wants to investigate whether the officials acted correctly.
No time? blue News summarizes for you
- An IV pensioner from Thurgau received too little pension for almost ten years due to an official error and lost around CHF 20,000.
- Due to the statutory limitation period, only a portion can be paid back.
- The federal government is now examining the case and possible changes to the law.
IV pensioner Sandra F. from the canton of Thurgau received too little pension for almost ten years. This was due to an error in the recording of her divorce in the files of the Thurgau IV office and the SVA Zurich. When the error was discovered, the compensation fund was only able to pay retroactively for five years. Around 20,000 francs were lost. This was reported by "Kassensturz".
The case is now also occupying the National Council. This is shown by two motions for Question Time. SP National Councillor Nina Schläfli and Christian Lohr, a centrist National Councillor, wanted to know whether the current statute of limitations in social insurance law is still up to date.
They referred to Article 24 of the relevant law. This stipulates that claims can only be asserted for five years - even if the authorities caused the error. Both Council members represent the canton of residence of IV pensioner Sandra F.
The Federal Council presented its opinion on Monday. Social Affairs Minister Elisabeth Baume-Schneider was responsible. In her reply to Parliament, she writes that the Federal Social Insurance Office intends to examine the case in greater depth.
Did the authorities apply the time limit correctly?
It is currently analyzing whether the five-year time limit was applied correctly and whether the conditions for liability are met. If the analysis concludes that benefits are owed for the full period, the compensation office should make a full back payment.
If, on the other hand, the review shows that the decision was legally correct, the partial payment will be made. The analysis should be completed by the end of the year. Depending on the outcome, the Federal Council will also consider amending the legal basis.
blue News had previously reported that the Federal Social Insurance Office had pointed out a possible way out. Sandra F. from Thurgau could make a claim for compensation.
The basis for this is provided by provisions in social insurance law and the AHV Act on the liability and responsibility of authorities. A spokeswoman for the office pointed out that the SVA Zurich had already admitted its misconduct in front of the camera.
However, it remains to be seen whether Sandra F. will actually receive the full amount. Experts are not making any predictions. The reason: in the area of social insurance, damages are very rarely awarded. For the state to be liable, it must be clearly proven that employees of the authorities have clearly violated the rules - in a way that is expressly prohibited by law.
