Facts
A.A., born in 1993, has been receiving supplementary benefits (EL) to an IV helplessness compensation since November 1, 2011. After his marriage on June 11, 2018 and the birth of his daughter A.B. on July 6, 2019, the Social Insurance Agency of the Canton of Aargau (SVA) recalculated A.A.'s supplementary benefits. It retroactively adjusted the entitlement from September 2018 and July 2019 onwards, noting that the daughter was not taken into account in the calculation because she had no entitlement to a child's pension.
A.A. filed a complaint and requested that the maintenance contributions paid under family law within the meaning of Art. 10 para. 3 lit. e ELG be taken into account as an expense in the calculation of the supplementary benefits from July 2019 onwards, in accordance with the calculation method set out in para. 3272.04 of the Guidelines on Supplementary Benefits (WEL).
Considerations
The Federal Court upholds the complaint. It states that for persons receiving EL based on a helplessness compensation or IV daily allowance, based on Art. 10 para. 3 lit. e ELG and para. 3272.04 WEL, a maintenance contribution for minor children living in the same household is to be taken into account as an expense, even without a legally binding determination, and thus deviating from the previous case law. The amount corresponds to the difference between the actual EL amount paid and the EL amount that a joint EL calculation with the child under Art. 9 para. 2 ELG would result in, whereby the actually paid maintenance contributions may not be exceeded.
The Federal Court justifies this decision by the fact…