Facts
After the death of her husband, the plaintiff [T.] applied for supplementary and additional benefits to the widow's pension from the AHV. The municipality of X., as the implementing agency for supplementary benefits to the AHV/IV, initially denied the claim, which the cantonal social insurance court, however, overturned and awarded [T.] a claim for monthly supplementary benefits (EL) of CHF 527.75 from August 2011 onwards.
The municipality of X. then filed a public law appeal with the aim of overturning the decision and referring the matter back to the cantonal court for a new assessment.
Considerations
The Federal Court upheld the appeal. It stated that the assets that the deceased spouse had waived during his lifetime must also be taken into account as attributable (waived) assets within the meaning of Art. 11 para. 1 lit. c and g ELG in the event of a disclaimer of the inheritance and insolvency of the estate, to the extent of the inheritance share of the surviving spouse (at least half).
Since the inheritance of the deceased husband was disclaimed by all the next legal heirs, including [T.] and her daughter, no additional assets can be attributed to [T.] under…