Facts

- Angiolina Mombelli, who passed away on January 11, 1974, had unjustly received AVS supplementary benefits from 1968 to 1971 in the amount of CHF 2,096. The Compensation Fund had ordered her to repay this amount, but her request for remission had been rejected. - After Angiolina Mombelli's decease, her heirs (son V. Mombelli and daughter E. Lurati-Mombelli) became jointly liable for the repayment obligation. The Compensation Fund granted the remission to daughter E. Lurati-Mombelli, but rejected the request for remission submitted by son V. Mombelli. - V. Mombelli appealed against the decision to refuse the remission, arguing that the repayment obligation could not be considered jointly borne by the heirs and that, since the remission had been granted to his sister, only half of the amount to be repaid should remain his responsibility.

Considerations

The Federal Insurance Court dismissed the appeal, holding that

  • Pursuant to Art. 27(1) of the Ordinance on Supplementary Benefits (OPC), the obligation to repay unjustly received supplementary benefits of the deceased passes jointly to the heirs, who are liable with their personal assets.
  • The Compensation Fund legitimately applied the principle of joint liability, being able to grant the remission only to one of the heirs and demand…