Questão jurídica principal
When can a disability-attendance allowance claim first arise under Art. 42(4) IVG?
Decisão extraída
The claim does not depend on Art. 29(1) IVG; the relevant timing follows Art. 28(1) IVG by analogy, so the lower court's interpretation was wrong.
Fundamentação extraída
The wording of Art. 42(4) IVG suggests a reference to Art. 29(1) IVG, but the legislative history, purpose of the 5th IV revision, and the conceptual difference between disability and helplessness show that this reference does not reflect the legislature's true intent.