Key legal question
Whether the insured child was entitled from 1 December 2011 to an intensive care supplement under Art. 42ter(3) IVG and Art. 39 IVV
Extracted holding
Yes. The child's overall additional care need reached four hours and 53 minutes per day, so the supplement at 20% of the maximum old-age pension was due.
Extracted reasoning
The outside-home need to be led by the hand and constant alert supervision was not basic care, but additional supervision under Art. 39(3) IVV. Given the child's autistic behavior and need for continuous intervention, the supervision was particularly intensive within the meaning of sentence 2 and counted as four hours.