Facts
[A.], born in 1977, is the mother of two children (born in 2001 and 2004) and has been divorced from her husband S. since July 4, 2006. Derived from his entitlement to a disability insurance pension and including the children in the calculation, the Social Insurance Agency of the Canton of Aargau (SVA) awarded her supplementary benefits effective August 1, 2006 by decision of November 3, 2006. Since January 1, 2009, [A.] has been living with her divorced husband again. The SVA recalculated his entitlement to supplementary benefits from that date, now attributing the children to the father. By decision of June 25, 2010, it denied [A.] any entitlement to supplementary benefits from January 1, 2009 and obliged her to reimburse the overpaid supplementary benefits in the amount of CHF 68,876.
Considerations
The Federal Supreme Court dismisses A.'s appeal. According to the case law, the decisive factor in calculating the supplementary benefit is always with whom the children live. It is not relevant who has parental custody or which parent actually cares for the children. Pursuant to Art. 9 para. 2 of the Supplementary Benefits Act (ELG), the recognized expenses and creditable income of…