Questione giuridica chiave
Whether a child pension may be withheld during uninterrupted military service completed as a full-time recruit while the child is awaiting the next possible start of higher education.
Decisione estratta
No. Because the son could only begin the intended university studies in the autumn semester, the military service did not create an avoidable interruption of education.
Motivazione estratta
The court held that entitlement under Art. 35 IVG in conjunction with Art. 25 AHVG continues during education until completion, and that only an avoidable delay breaks entitlement. Even if full-time service is voluntary, there was no earlier realistic opportunity to resume the intended studies before autumn 2010, so the service did not postpone the education.