Obligation of a Social Welfare Authority to Reimburse Pensions Wrongly Received

Facts

- Irma [E.] received an invalidity pension and child pensions from the Compensation Fund VATI starting from 1976. Her divorced husband also received child pensions from the Compensation Fund of the Canton of Graubünden, without informing the authorities. - The Civic Community of the City of Lucerne provided financial support to Irma [E.] and her children from 1980 to 1981. When the Compensation Fund of the Canton of Graubünden made arrears payments for the child pensions, it transferred the amount of CHF 10,317.-- to the Civic Community. - The Compensation Fund VATI later demanded reimbursement of this amount from the Civic Community, as Irma [E.] had wrongly received child pensions.

Considerations

1. The Civic Community is to be considered a third-party recipient of the pension within the meaning of Art. 76 para. 1 AHVV, as it had claimed entitlement to the pension arrears due to its advance payments, and the pension beneficiary had consented to the payment to the Civic Community.

2. Pursuant to Art. 47 para. 1 AHVG, pensions wrongfully received must be reimbursed. As a third-party recipient, the…