Facts
The case concerns an individual, A., who received federal and cantonal supplementary benefits from 2000 to 2012. He purchased a property in 2006 with his wife, financed by a portion of the inheritance received by his wife. The Benefits Office (SPC) claimed restitution of an amount of 40,873 francs corresponding to the unduly received supplementary benefits for the period from May 1, 2005, to March 31, 2012.
The Court of Justice of the Republic and Canton of Geneva partially admitted the appeal filed by A. and annulled the decision of the SPC. The SPC filed a public law appeal against this judgment.
Considerations
The Federal Tribunal examined whether the circumstances corresponding to a criminal offense were met and whether a longer limitation period than the relative and absolute deadlines provided for in art. 25 para. 2 GSSLA was applicable. It considered that the insured person who does not comply with the obligation to communicate any significant change in the circumstances determining the granting of a benefit does not commit an act of active deception.
The Federal Tribunal also examined whether the facts reproached to the defendant constituted fraud within the meaning of art. 146 SCC. It considered that the facts did not meet the objective conditions of the…