Facts
Insured person L. filed an objection against a decision of the Office for Supplementary Benefits to the AHV/IV of the City of Zurich dated 12 December 2000, in which a waiver of assets of CHF 115,000 was taken into account. The District Council and the Social Insurance Court of the Canton of Zurich did not enter into the appeal, as the issue of the waiver of assets had already been decided by a legally binding decision of 15 May 2000. The Federal Court overturned these decisions. Supplementary benefits are generally paid out annually, with the income of the previous year and the assets as of 1 January of the year of entitlement being decisive for the assessment. A decision on supplementary benefits can therefore only have legal validity for one calendar year. This means that the basis for calculating the supplementary benefits can be redetermined from year to year within the framework of the annual review, without being bound by the previously used calculation factors and independently of the possibility of grounds for revision.Considerations
The Federal Court states…