Kernrechtsfrage
Which transitional regime governs back payment after repeal of aArt. 48 IVG on 31 December 2007?
Extrahierter Entscheid
The decisive issue is whether the claim was already time-barred by 31 December 2007. Since no notification had been filed by then, aArt. 48 IVG governed the extinction of earlier claims; after its repeal, only claims not yet time-barred remained payable under the new law.
Extrahierte Begründung
For composite legal situations, the decisive law is that in force when the material factual complex mainly occurred. aArt. 48 IVG regulates limitation/extinction of unpaid benefits, not a separate substantive entitlement. Thus, repeal of that provision could not revive claims already extinguished before 1 January 2008.