Facts
[A.] has been receiving supplementary benefits (EL) for the old-age pension of the AHV since September 1, 2010. In November 2012, the Office for AHV and IV of the Canton of Thurgau conducted a re-calculation of the EL as part of the periodic review of the financial circumstances. This resulted in overpayments of benefits in the amount of CHF 29,822 for the period from September 1, 2010 to November 30, 2012. By order dated November 14, 2012, the compensation fund demanded the repayment of this amount.
[A.] filed an objection against the reclamation, which was rejected by the Office for AHV and IV. Partially upholding A.'s appeal, the Administrative Court of the Canton of Thurgau amended the contested objection decision, setting the reclamation amount at CHF 28,850.
[A.] filed a public law appeal with the Federal Supreme Court, requesting that the reclamation of more than CHF 28,850 be waived.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that in the original EL calculation, a too high rent had been recognized as an expense, as the daughter living in the same household of the appellant was not taken into account. Furthermore, the pension fund assets of the husband were not taken into account.
Regarding the question of the expiration of the reclamation claim, the Federal Supreme Court makes the following findings:
The inadvertent failure to consider the fact of the daughter living in the household when determining the rent as a recognized expense in the EL calculation in the order of October 29, 2010 did not trigger the relative one-year statute of limitations. The relevant point in time is when the opposing…