Questão jurídica principal
Whether Art. 31 IVG permits deductions beyond the disability-related allowance when invalid income is determined from statistical wages in a revision case.
Decisão extraída
Art. 31 IVG applies only when the insured actually exploits residual earning capacity on the labour market; additional deductions under that provision are therefore not permissible when invalid income is assessed with statistical wages.
Fundamentação extraída
Under BGE 136 V 216, a historical, teleological, and systematic interpretation limits Art. 31 IVG to cases where residual capacity is actually used through renewed work or an increased work quota. Here, the insured did not fully exploit the residual capacity, so the invalid income had to be determined using the statistical wage without the extra Art. 31 deductions.