Facts
K., born in 1960, was ordered by the Basel-Stadt Office for Social Contributions to reimburse unlawfully received supplementary benefits (EL), cantonal subsidies, premium reductions, and reimbursements of medical expenses in the total amount of CHF 158,444.30. The benefits had been wrongly paid to him in part since December 2003, as he had not informed the office during registration that in addition to the stated pensions from disability and accident insurance, he was also receiving an occupational pension disability pension.
Considerations
The Federal Supreme Court dismissed the insured person's appeal. It concluded that both the objective and subjective elements of the criminal offense under Art. 16 para. 1 of the then applicable Supplementary Benefits Act (aELG) were fulfilled. The insured person was aware of the incompleteness of the information in the EL application form, but nevertheless signed it, thereby at least accepting that supplementary benefits would be paid to him that he was not entitled to.
Based on this conditional intent, the longer criminal statute of limitations of seven years is applicable for the reimbursement of the unlawfully received benefits. The insured person must therefore reimburse the…