Facts
B. was supported by the Regional Social Services A. from November 1, 2013 to April 30, 2018. In April 2018, he received a payout of his vested pension assets from occupational pension in the amount of CHF 111,393. In June 2018, he applied to the Compensation Fund of the Canton of Bern for supplementary benefits. The administration granted retroactive supplementary benefits from November 1, 2014 onwards in its decisions of November 7, 2018, taking into account the consumption of the vested pension assets paid out in April 2018 as income from November 1, 2014 onwards.
The Regional Social Services A. and B. filed an appeal against the lower court's decision, which upheld the consideration of the vested pension assets from November 1, 2014. They requested that the vested pension assets be taken into account as assets only from March 1, 2018, or alternatively from February 8, 2018.
Considerations
The Federal Supreme Court first examined the appeal standing of the Regional Social Services A. and affirmed it, as they could assert a claim for supplementary benefits in the registration procedure as the social assistance authority.
On the merits, the Federal Supreme Court considered that the imputation of the vested pension assets as consumable assets pursuant to Art. 11 para. 1 lit. c ELG does not require an actual withdrawal, but only the legal possibility of withdrawal. This possibility exists if the insured person receives a full disability pension (Art. 16 para. 2 FZV).
The Federal Supreme Court…