Facts
Mr. X. Weber, born in 1903, and his wife, born in 1904, have been living in the retirement home Z. since September 1974, with the wife being accommodated in the infirmary and the husband in the retirement settlement. The compensation fund had then awarded the husband a supplementary benefit to the old-age and survivors' insurance (AHV) of CHF 550.- per month and the wife a supplementary benefit of CHF 10.- per month. As of January 1, 1975, the supplementary benefit for the husband was increased to CHF 650.- per month, while the wife was no longer entitled to a supplementary benefit from that time on.
X. Weber filed a complaint against these rulings, arguing that the fund had divided the couple's old-age pension between the spouses, while the wife's board was charged solely to his own income. The Insurance Court of the Canton of Bern dismissed the complaint, as it considered the prerequisites for a de facto separation of the marriage to be met.
Considerations
The Federal Court states that a de facto separation within the meaning of Art. 1 para. 4 lit. c and d of the Supplementary Benefits Ordinance (ELV) only exists if the economic circumstances of the spouses have changed. However, in the present case, there are no indications that the financial relationship between the spouses has changed with the move to the retirement home. The husband continues to receive the entire couple's old-age pension and covers the living expenses of both spouses. Therefore, there is…