Facts
The decision concerns the reimbursement of unlawfully received pensions and helplessness allowances in the Old-Age and Survivors' Insurance (AHV). According to Art. 47 para. 1 AHVG, such benefits must generally be reimbursed. However, if the recipient was in good faith and there is a significant hardship, the reimbursement may be waived.
The lower court had affirmed the good faith of the pension recipient, as he had fulfilled his reporting obligation and could not have recognized the unlawfulness of the pension receipt. The Federal Insurance Court considers this finding to be binding.
Therefore, it remains to be examined whether the reimbursement would constitute a significant hardship. According to previous jurisprudence, a significant hardship existed if the attributable income, after deduction of the reimbursement claim, did not reach the income limit of Art. 42 para. 1 AHVG increased by 50%.
Considerations
The court sees reason for a change in practice in the assessment of significant hardship. On the one hand, this is due to the unsatisfactory results of the previous regulation, which led to striking inequalities between AHV and IV. On the other hand, the circumstances have changed due to the more lenient regulation in the IV, which justifies a new interpretation of the concept of significant hardship.
The court decides that a significant hardship within the…