Question juridique clé
Whether an invalidity pension must be fully suspended during pre-trial detention or only paid at half rate under Art. 21 ATSG.
Solution extraite
Invalidity pensions do not fall under Art. 21(3) ATSG; during detention the pension may be fully suspended under Art. 21(5) ATSG.
Motifs extraits
The court reaffirmed its recent case law that the half-cut rule of Art. 21(3) ATSG does not apply to invalidity insurance pensions. The systematics and wording of the provision do not justify treating invalidity insurance differently from the general rule on suspension during detention, and the existence of child pensions does not change that result.