Questão jurídica principal
Whether the AHV possession guarantee under Art. 43bis(4) AHVG revives the full helplessness allowance after the insured leaves a home.
Decisão extraída
No. The possession guarantee protects the prior benefit level only against the change from IV to AHV age; once an entitlement-relevant factual change occurs, the previous higher entitlement does not revive.
Fundamentação extraída
The wording and purpose of Art. 43bis(4) AHVG only secure continuity at retirement. A later factual change, such as leaving a home, is not a new possession-protection event. Equality and the general concept of possession protection also exclude treating these insured persons differently from others after a material change in circumstances.