Facts
S., born in 1940, has been receiving supplementary benefits to the old-age and disability pension since September 1998. In 2005, she transferred the ownership of her apartment to her son, but retained a lifelong usufruct right. The agency responsible for supplementary benefits to the Old-Age and Survivors' Insurance/Disability Insurance (AHV/IV) considered this usufruct right as income in the calculation of the supplementary benefits. S. filed a complaint against this, requesting a recalculation of the supplementary benefits without considering the housing right.Considerations
The Federal Supreme Court decided that the waiver of the in rem usufruct right corresponds to the requirements of Art. 3c para. 1 lit. g of the Supplementary Benefits Act (ELG) and therefore should not be considered as income. However, S. still has a claim against her son based on the contractually agreed obligatory right of use, and therefore this asset income should have been taken into account on the income side according to Art. 3c para. 1 lit. b ELG. At the same time, the rental value should have been recognized on the expenditure side…