Key legal question
Whether the daughter qualified for a child pension in January-December 2011 despite her earnings.
Extracted holding
No. The yearly income had to be averaged over the calendar year; the daughter’s average monthly income exceeded the threshold, so no entitlement existed.
Extracted reasoning
Art. 49bis AHVV ties the notion of being in education also to an income limit. The relevant criterion is the actual annual gross income divided by 12, not whether the limit was exceeded in each individual month.