Questão jurídica principal
Who was entitled to receive the child disability pension for October and November 2017?
Decisão extraída
For the period in dispute, payment to the mother was correct; payment to the father was not possible because the child was already adult, and direct payment to the daughter only became relevant after her later request.
Fundamentação extraída
Under Art. 35 IVG the child pension follows the pension of the entitled parent as a rule, subject to special payment rules. Because the daughter was already of age when the divorce became final, Art. 71ter AHVV did not allow payment to the father on the basis of parental care; only a direct payment to the adult child upon request was possible, but that request was made later and concerned a later period.