Kernrechtsfrage
Whether the child pension for an adult child in education must be paid to the rent-entitled parent or directly to the father in the circumstances.
Extrahierter Entscheid
The child pension had to be paid to the rent-entitled parent; however, the previous decision ordering payment to the mother was annulled and the administration must re-decide the method of payment in line with the reasoning.
Extrahierte Begründung
Art. 71ter AHVV applies to children under parental authority and does not authorize continued payment to the parent with whom an adult child lives. For adult children, payment cannot simply continue to the cohabiting parent without the child's express consent; direct payment to the adult child may be considered instead. The court rejected an extension of the rule by analogy.