Question juridique clé
Whether yearly supplementary benefits to an IV pension may be suspended during pre-trial custody and pre-release prison custody under Art. 21(5) ATSG.
Solution extraite
Yes. Supplementary benefits tied to an IV pension are cash benefits with an earnings-replacement character and may therefore be suspended during detention and pre-trial custody.
Motifs extraits
Although supplementary benefits are means-tested and not welfare, they supplement the earnings loss covered by the disability pension. Their purpose remains compensation for disability-related loss of earning capacity, so they fall within Art. 21(5) ATSG.