Facts
By decision of March 29, 1985, the Vaud Cantonal Compensation Fund demanded that Bruno P., born in 1913, reimburse 14,388 francs in supplementary benefits unduly received from July 1, 1981 to December 31, 1984. The insured person requested a waiver of his debt, but the fund rejected this request, while reducing the claim to 7,100 francs and waiving the reimbursement of 7,288 francs that it considered uncollectible.
Bruno P. appealed this decision to the Insurance Court of the Canton of Vaud, which dismissed the appeal and declared that P. was a debtor of 14,388 francs. P. then filed an administrative law appeal against this judgment.
Considerations
The Federal Tribunal first examined whether the cantonal court could cancel or modify the fund's declaration regarding the uncollectibility of 7,288 francs of its claim. It concluded that this declaration was not an object of appeal, as it did not modify or cancel the reimbursement obligation, but constituted a simple enforcement measure.
The second question was whether it was possible to offset the insured person's debt against the supplementary benefits to which he was entitled. The Federal Tribunal held that, when the difference between the gross income of the beneficiary and the minimum subsistence…