Questão jurídica principal
Whether the daily allowances had to be calculated on the basis of a hypothetical DN I nurse salary or the former occupation of nursing assistant.
Decisão extraída
The salary of the former occupation of nursing assistant was the correct basis; the claimant had credibly shown an intention to train as a DN I nurse, but not that she would successfully complete that training within the relevant time.
Fundamentação extraída
Art. 21bis Abs. 5 IVV requires only credibility for a different activity, but the completion of the new training within the relevant period was not made credible. The lower court's reliance on proof by overwhelming probability was too strict, yet its result was correct because the claimant's language and schooling deficits made timely completion implausible.