Questão jurídica principal
Whether the full CHF 9,536 back payment for September to December 2005 had to be paid to SWICA instead of shared pro rata with social assistance
Decisão extraída
Yes. Social assistance was not a qualifying advance payment for the IV back payment in this situation, so SWICA was entitled to the full amount.
Fundamentação extraída
The social assistance payments were due regardless of any IV pension and therefore did not serve to prevent double payment. The pro rata allocation rule in the administrative guidance did not apply because only the insurer had advanced payments contingent on the IV pension.