Kernrechtsfrage
Whether the children studying in Italy still had their ordinary residence in Switzerland for entitlement to IV child pensions.
Extrahierter Entscheid
No. A prolonged stay abroad for education, with most of the time spent at the foreign school location, means the children had their ordinary residence in Italy rather than in Grenchen.
Extrahierte Begründung
The new version of Art. 28(1ter) IVG required, for pensions below 50% invalidity, that both the insured person and the family member claiming the benefit have domicile and ordinary residence in Switzerland. The children spent the week and partly weekends in Italy for schooling, creating closer ties to that place and satisfying the notion of habitual residence there.