Facts
M., born in 1959, has been receiving a three-quarter disability pension from the Disability Insurance since August 1, 2005. On August 22, 2006, he submitted an application for supplementary benefits to the disability pension, which was rejected by the Supplementary Benefits Office of the City of A. on September 11, 2006. According to the decision of January 16, 2007, there was still no entitlement to benefits. The objection filed against this was rejected by the District Council B. on May 30, 2007.
M. filed a complaint against the decision of the Social Insurance Court of the Canton of Zurich dated July 22, 2009, which dismissed the complaint.
Considerations
The Federal Supreme Court first examined whether a hypothetical earned income should be attributed to the complainant. It concluded that, in principle, two-thirds of the maximum amount for the cost of living according to Art. 3b para. 1 lit. a ELG, i.e. CHF 10,860 per year, should be attributed as hypothetical earned income. The complainant was unable to prove that he is unable to earn income of this amount.
It was further examined…