Social assistance benefits –
People suffering from obesity will be able to claim an AI pension
Obesity was not until now considered a disability giving entitlement to a pension. The Federal Court adapts its case law.
Published today at 12:10 p.m.
The granting of an annuity does not remove the beneficiary’s obligation to reduce the damage, for example through treatment or physical activity.
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People suffering from obesity are now entitled to AI benefits under certain conditions. The fact that this disorder can be treated no longer immediately excludes the granting of an annuity, considers the Federal Court which adapts its case law.
Until now, obesity was not in principle considered a disability giving entitlement to a pension. It only came under the AI if it led to physical or psychological problems or if such attacks were the cause.
This practice was inspired by that developed for addictions. However, the case law concerning the latter has evolved. The Federal Court sees no reason to maintain case law specific to obesity which excluded any right as long as treatment was possible.
From now on, it is necessary to ask on a case-by-case basis to what extent the illness restricts the ability to work. But the granting of an annuity does not remove the beneficiary’s obligation to reduce the damage, for example through treatment or physical activity.
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