Facts
The case concerns the claim for supplementary benefits and the question of whether an amount of CHF 90,000 granted by the mother of the respondent to him and his spouse should be considered as renounced assets in the calculation of the supplementary benefits.
The lower court decided that only the difference between the amount of CHF 90,000 and the value of the care services provided by the son and daughter-in-law (CHF 72,864) should be considered as renounced assets. The Office for Social Contributions of Basel-City, on the other hand, is of the opinion that the payment of CHF 90,000 should be fully considered as renounced assets, as the care was provided out of a moral obligation and there was no contractual legal transaction.
Considerations
According to the case law of the Federal Supreme Court, the requirements of Art. 3c para. 1 lit. g ELG are met if the claimant has renounced income or assets without a legal obligation and without adequate consideration.
In the present case, it has not been established that the care was provided in fulfillment of a legal obligation. The mother would not have been able to demand the support through legal channels. Therefore, there is a renunciation of assets, as the service was provided…