Questione giuridica chiave
Whether the disability pension may be suspended during pre-trial detention and early custody.
Decisione estratta
Yes. Article 21(5) ATSG applies by analogy to detention of some duration and also to early custody; no exception exists here because the detention regime did not show that the insured could earn a living by working.
Motivazione estratta
The court followed its precedent that the provision covers detention beyond a certain duration despite its wording. Work in a closed prison system and the possibility of building up a modest release reserve do not justify continued payment. Otherwise the invalid detainee would be put in an unjustified better position than a healthy detainee.