Facts
The dispute concerns the request for partial remission of the obligation to repay unemployment insurance benefits unduly received by A.T. from November 1987 to April 1988, in the amount of CHF 14,259.55. The Unemployment Insurance Fund of the Vaud Chamber of Commerce and Industry has demanded the reimbursement of CHF 12,719.55, after compensation with the arrears of the IV pension.
A.T. has requested the remission of this obligation, arguing his good faith and the fact that the money had been used for the maintenance of his family. The Vaud Cantonal Arbitration Commission for Unemployment Insurance has upheld his appeal, considering that only the insured person's income and not that of his spouse should be taken into account. The Federal Office of Industry, Arts and Crafts and Labour has then appealed against this decision.
Considerations
The Federal Insurance Court considers that, in order to decide whether the restitution entails "particular hardship" within the meaning of Art. 95 para. 2 ALEA, the principles developed by the case law on Art. 47 para. 1 OASI concerning the remission of unduly received pensions or disability allowances must be applied.
According to this case law, the income and assets of the insured person's spouse must be taken into account in determining whether he or she is in a "difficult situation". The Federal Court considers that this rule also applies in the context of unemployment insurance, as the…