Questione giuridica chiave
Whether the pre-2008 limitation rules of aArt. 48 Abs. 2 IVG or the new Art. 24 ATSG governed unpaid disability benefits after the 5th IV revision
Decisione estratta
The old limitation rule applied to claims that arose before 1 January 2008 and were already due, but not yet time-barred; for later due monthly benefits, Art. 24 ATSG applied.
Motivazione estratta
No transitional provision existed. Under general transitional principles, the law in force when the claim arose governed until 31 December 2007; from 1 January 2008 onward, the ATSG limitation rules applied to the still-unextinguished monthly claims.