Facts
A. received supplementary benefits to the disability insurance pension from March 1, 1998. In May 2003, the compensation fund of the city of St. Gallen found that the insured person's spouse had been employed since 1999 and that A. had received unemployment benefits from December 1999 to December 2001 without reporting them to the compensation fund. By decision of May 28, 2003, the cantonal compensation fund demanded the reimbursement of the supplementary benefits paid from January 1999 to May 2003, amounting to 88,170 francs. This decision became final after the withdrawal of an objection. A request for remission of the restitution filed on August 19, 2003 was rejected on October 3, 2003 on the grounds that the condition of good faith was not met. The compensation fund simultaneously decided that the claim of 88,170 francs would be offset at a maximum of 1,050 francs per month with the current IV pension, starting from November 1, 2003 and until December 31, 2008 at the latest.Considerations
According to case law, when offsetting a claim for restitution of benefits with a current pension, the subsistence minimum of spouses each with an income must be determined according to the general rules of debt enforcement law. This means that the family's subsistence minimum is divided between the spouses in proportion to their respective net incomes. This rule also applies in the event of culpable conduct by the person obliged to make restitution.
Although supplementary benefits are calculated based on the resources of both spouses and also economically serve…