Facts
The case concerns a seizure of income (art. 93 DEBA) and the annual deductible for compulsory health insurance. The debtor, who is completely unable to work due to psychological problems, needs regular medical visits that trigger the annual deductible of 230 francs. The question is whether this deductible should be taken into account in determining the minimum subsistence level.
The parties involved are the debtor, the creditor, and the enforcement office of Z. The procedure began on 7B.226/2002 and the decision was made on 18 February 2003.
The main elements of the dispute are as follows
- The debtor is unable to work due to psychological problems.
- Regular medical visits trigger the annual deductible of 230 francs.
- The question is whether this deductible should be taken into account in determining the minimum subsistence level.
Considerations
The Federal Court examined the question of whether the annual deductible for compulsory health insurance should be taken into account in determining the minimum subsistence level. The Court considered that the health costs covered by the annual deductible and actually borne by the debtor must be taken fully into account in determining the minimum subsistence level.
The Court also examined the guidelines of the Conference of Swiss Debt Collection and Bankruptcy Officers, which provide that health costs are included in the lump sum for vital needs. However, the Court considered that the annual deductible for compulsory health insurance cannot be considered an ordinary health cost and must therefore be taken into account separately.
The Court concluded that the annual deductible for compulsory health insurance must be taken into account in determining the minimum subsistence level, but that the conditions for partial consideration of the annual…