Facts
The case concerns an insured person who, after her retirement, had practically exhausted her cash assets of around 88,600 Swiss francs within 15 months and subsequently applied for supplementary benefits. The competent Office for Social Contributions of Basel-City determined a hypothetical asset, as the authority was of the opinion that the insured person had lived beyond her means. The insured person argued that the actual asset position should be taken as the basis.
Considerations
The Federal Supreme Court denied the applicability of Art. 3 Para. 1 lit. f ELG in the present case. It stated that the supplementary benefits system does not provide a legal basis for conducting a "lifestyle control" and inquiring whether an applicant has lived within or above a "normality limit" in the past. Rather, the authorities must base their decision on the actual circumstances, whether an applicant has the necessary means to adequately cover the subsistence needs.
The Federal Supreme Court…