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RS 831.135.1 Order of 28 August 1978 concerning the surrender of auxiliary means by the old-age insurance (OMAV)

Original Language Title: RS 831.135.1 Ordonnance du 28 août 1978 concernant la remise de moyens auxiliaires par l’assurance-vieillesse (OMAV)

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831.135.1

Order Respecting the Remission of Auxiliary Means by Old Age Insurance

(OMAV)

28 August 1978 (State 1 Er July 2011)

The Federal Department of the Interior,

See art. 66 Ter The Old Age and Survivor Insurance Regulations of October 31, 1947 (RAVS) 1 ,

Stops:

Art. 1 Scope of application

This order defines the right of insured persons to the grant of auxiliary means, in accordance with Art. 43 Ter Federal Act of December 20, 1946 on Old Age and Survivor Insurance (LAVS) 1 .


Art. 2 Right to auxiliary means 1

1 The beneficiaries of an old-age pension who are domiciled in Switzerland and need auxiliary means to carry out their usual work, to travel, to establish contacts with their surroundings or to develop their personal autonomy, have The right to insurance benefits, according to the attached list. This list exhaustively defines the type and extent of benefits associated with each helper.

2 To the extent that the list does not provide otherwise, the insurance provides a contribution of 75 % of the net price. 2


1 New content according to the c. I of the 9 Oct DFI O. 1992, in effect since 1 Er Jan 1993 (RO) 1992 2402).
2 Introduced by ch. I of the 9 Oct DFI O. 1992, in effect since 1 Er Jan 1993 (RO) 1992 2402).

Art. 3 Birth and extinction of entitlement to benefits

The right to benefits shall be payable at the earliest on the first day of the month for which an old-age pension is paid, but not later than the age of retirement fixed in art. 21, para. 1, WASHERS 1 . 2 It turns out when the conditions on which the grant depends are no longer fulfilled.


1 RS 831.10
2 New content according to the c. I of the O du DFI of Sept. 11. 2002, effective from 1 Er Jan 2003 ( RO 2002 3718 ).

Art. 4 1 Entitlement to benefits where auxiliary means have already been granted by the CEW

Beneficiaries of an old-age pension domiciled in Switzerland who benefit from ancillary means or contributions to expenses within the meaning of Art. 21 and 21 Bis The Federal Disability Insurance Act of June 19, 1959 (ATIA) 2 At the time they are entitled to an AVS pension, they shall continue to be entitled to those benefits to the same extent, as long as the conditions under which they are granted are fulfilled and as long as the present order does not otherwise dispose of them. For the rest, the provisions of invalidity insurance relating to ancillary means shall apply mutatis mutandis.


1 New content according to the c. I of the O du DFI of 21 7. 1982, in effect since 1 Er Jan 1983 (RO) 1982 1930 ).
2 RS 831.20

Art. 5 1 Conventions with auxiliary means providers

The Federal Office of Social Insurance may enter into agreements with the institutions providing for old-age assistance or with the suppliers of auxiliary means.


1 New content according to the c. I of the 20 Dec DFI O. 2006 ( RO 2006 5765 ).

Art. 6 1 Procedure

1 For the procedure, s. 65 to 79 Bis The Disability Insurance (DI) Regulations of January 17, 1961 2 Apply by analogy. The application must be addressed to the clearing fund which is competent to pay the old-age pension.

2 ... 3

3 The DI Office examines entitlement to benefits. If the application is processed in accordance with the simplified procedure provided for in Art. 51 of the Federal Act of 6 October 2000 on the general part of the right to social insurance 4 , it sends a communication. If a decision is to be notified, that task is the responsibility of the compensation fund in the canton where the AI office has its seat. 5

4 ... 6


1 New content according to the c. I of the O of the DFI of Nov 13, 1985, in force since 1 Er Jan 1986 (RO) 1985 2007).
2 RS 831.201
3 Repealed by c. I of the 20 Dec DFI O. 2006 ( RO 2006 5765 ).
4 RS 830.1
5 New content according to the c. I of the O du DFI of Sept. 11. 2002, effective from 1 Er Jan 2003 ( RO 2002 3718 ).
6 Repealed by c. I of the DFI O of May 25, 1992 (RO 1922 1249).

Art. 7 1

1 Repealed by c. I of the O of the DFI of 13 Nov 1985 (RO 1985 2007).

Art. 8 Amendment of another order

... 1


1 The amendment can be consulted at the RO 1978 1387.

Art. Final provisions

1 This order shall enter into force on 1 Er January 1979.

2 To 4 ... 1


1 Repealed by c. I of the DFI O of May 25, 1992 (RO 1992 1249).

Final Disposition of Amendment of May 25, 1992 2

Transitional Provision of the Amendment of 20 December 2006 4

Transitional provision of the amendment of 25 May 2011 5

The amendment of 25 May 2011 shall apply to applications for hearing equipment filed before the date of its entry into force at the end of a period of five years from the date of delivery.


Annex 1

(art. 2)

List of auxiliary means

1

...

2

...

4

Footwear

4.51

Custom orthopaedic footwear and serial orthopaedic footwear, including manufacturing costs,

When adapted individually to a pathological form or function of the foot or to replace an orthopaedic device. The provision of insurance may be claimed every two years, unless there are medical reasons for a new purchase of custom orthopaedic footwear before the expiry of that period.

5 Auxiliary means for the skull and the face

5.51

...

5.52

Facial Theses The provision of insurance may be claimed at a maximum every two years.

5.56

Wigs, When the absence of hair changes the exterior appearance of the insured. The insurance participates in the costs at a maximum of 1000 francs per calendar year.

5.57

Hearing apparatus for an ear,

When the insured person suffers from severe deafness, that the installation of a device significantly improves the hearing capacity and that the contacts of the insured with his or her entourage are thus considerably facilitated. The provision of insurance may be requested every five years, unless a significant change in hearing acuity requires replacement of the equipment before the expiration of that time limit. Hearing aids must be delivered by a qualified person.

The package is up to 630 francs.

The Federal Office of Social Insurance shall draw up a list of aircraft which meet the requirements of insurance and for which the payment of a package is allowed.

If the insured already had the right to an apparatus in invalidity insurance, this right shall be maintained at least to the same extent in the AVS, provided that the conditions of grant are still fulfilled.

For the purchase of a hearing aid, the package is paid on presentation of the overall amount invoiced and the corresponding supporting documents.

5.58

Orthophonic apparatus after operation of the larynx The provision of insurance may be claimed at most every five years.

9

Wheelchairs

9.51

Wheelchairs without engines, When it is likely that they will be used continuously and sustainably. The contribution of insurance is 900 francs and the maximum benefit can be claimed every five years. The participation in the costs for special equipment required by the disability amounts to 1840 francs. If, in addition, an anti-skirmish cushion is necessary, the participation amounts to 2200 francs. Special equipment must be provided by centres recognised by the Federal Social Insurance Office.

11

Auxiliary means for persons with disabilities

11.57

Lunettes-magnipes, For those severely disabled persons in the view who can read only by this means. The insurance takes part in the costs at a maximum of 590 francs for single-eyed eyeglasses, at most 900 francs for binocular magnifying glasses, 1334 francs for single-eyed teleloupes and at most 2048 francs for Binocular teleloupes. The benefit may be claimed every five years, unless there are medical reasons for a new purchase before the expiration of that time limit.


1 New content according to the c. II of the 9 Oct DFI O. 1992 (RO 1992 2402). Update as per c. I des O du DFI du 6 nov. 1998 (RO 1998 3023), of Dec 16. 1999 (RO 2000 615), 20 Dec. 2006 (RO 2006 5765) and 25 May 2011, in force since 1 Er July 2011 (RO 2011 2657).


State 1 Er July 2011