Entitlement to separately calculated supplementary benefits for children independent of the parent's entitlement to supplementary benefits

Facts

[A.], who resides in the municipality of [B.], is divorced. His two children, [D.] and [E.], live in a foster family. [A.] has been receiving a full disability pension from the Disability Insurance since 2011. The Compensation Fund of the Canton of Thurgau calculated supplementary benefits for [D.] and [E.], but denied [A.] himself an entitlement to supplementary benefits. [A.] and the Political Municipality of [B.] filed a complaint against this decision.

Considerations

The Federal Court decided that the entitlement to a separately calculated annual supplementary benefit within the meaning of Art. 7 para. 1 lit. c and para. 2 of the Supplementary Benefits Ordinance (ELV) does not require that the (IV) pension-entitled parent himself be entitled to supplementary benefits. The legal concept of supplementary benefits provides that the attributable income and recognized expenses of the children not living with the pension-entitled parent are to be taken into account in the calculation of the parent's entitlement to supplementary benefits. Otherwise, the purpose of the supplementary benefit, to adequately cover the subsistence needs of the pension-entitled person, including their children, would be missed.

Cons…