Delay in IV proceedings - waiting period daily allowance to guarantee financial security

A parliamentary motion (23.3808) calls on the Federal Council to take measures to speed up the IV procedure and ensure financial security for those affected. The text of the motion proposes the introduction of a waiting period daily allowance for the period between the completion of occupational integration measures and the IV pension decision. Although the Federal Council recommended that the motion be rejected, citing the daily benefits provided by health, accident and unemployment insurance, it was adopted by the National Council in September. What is the background?

Anyone who registers for disability insurance benefits due to illness or an accident must be patient. The disability insurance clarification procedure is lengthy and the financial security of those affected is usually not guaranteed. Although disability insurance is usually involved within six months of the onset of incapacity for work, insured persons often wait several years before their entitlement to benefits is examined and a decision is made by disability insurance.

This is due to the fact that disability insurance benefits are geared towards the goal of "integration before retirement". After registration, all options for integration into the labour market are therefore examined first. Only after the reintegration efforts have been completed is the pension review carried out, which is when the wait begins. During this phase, those affected often have to undergo several medical examinations before a decision is made by the IV. If this is contested, the procedure is delayed again. Those affected therefore often wait several years before a definitive pension decision is made. During this time, financial security from the disability insurance is not guaranteed. Only people who are taking part in an IV programme are entitled to an IV daily allowance. Those affected are therefore dependent on daily allowance benefits from daily sickness allowance, accident or unemployment insurance. If the benefits are exhausted and there are no private assets available, the only option is often to go to the social welfare office, which is associated with shame for many of those affected.

Practice shows: Due to the lengthy IV procedures without financial security, many of those affected experience enormous psychological stress and a further deterioration in their state of health as a result. Instead of being able to concentrate on improving their health and reintegrating into the labour market, they are plagued by financial fears. The chances of regaining a foothold in the labour market diminish.

Despite this situation, the Federal Council has recommended that the motion be rejected. In its statement, it argues that it is not the IV's task to ensure the financial security of the insured person during the clarification procedure or the examination of pension entitlement. In this case, other insurances are liable for daily benefits and refers to the daily benefits provided by health, accident and unemployment insurances, which take precedence over IV benefits. It would not be expedient to introduce a generalised waiting period daily allowance, which would have a major impact on the delimitation and coordination between insurances.

The Federal Council fails to recognise that, in practice, daily benefits from health, accident and unemployment insurance are often only paid for a limited period of time. In the event of incapacity for work due to illness, the daily allowance benefits are exhausted after two years at the latest. Thereafter, there is only an entitlement to daily unemployment benefits if the contribution periods have been completed and there is evidence of employability. Due to their precarious financial situation, this means that those affected often have themselves certified fit for work against the recommendation of the doctors treating them in order to receive daily unemployment benefits and thus avoid having to go to the social welfare office.

This is where disability insurance, which is responsible for the integration of insured persons and should compensate for the economic consequences of disability up to a certain level (Art. 1a IVG), should be held accountable. To date, this only provides for a daily allowance in connection with the implementation of rehabilitation measures. During the pension clarification procedure, however, those affected are often left to fend for themselves financially. This is particularly objectionable in cases where there is a high probability of entitlement to a pension or at least a partial pension. In addition to relieving the financial burden on those affected, a waiting period daily allowance for disability insurance would also create an incentive to press ahead with the pension review, which would also benefit the insured person. An acceleration of the IV procedure is also to be welcomed with regard to 2nd pillar claims. As a rule, no disability benefits are paid out by the pension fund until a definitive IV pension decision has been made.

The motion is currently being discussed by the relevant committees of the National Council and the Council of States. The Council of States will then decide on it