Facts
A., born in 1970, has been receiving a half disability pension from the Disability Insurance since February 1, 2009, based on an assessed degree of disability of 50%. In May 2013, she applied for supplementary benefits (EL). The Compensation Fund Zug took into account a hypothetical income in the calculation. A. filed a complaint against the decision of the Compensation Fund, as it had credited a too high hypothetical income.Considerations
The Federal Supreme Court decided that the hypothetical disability income, which forms the basis for determining the degree of disability, cannot be taken into account as foregone income in the calculation of the supplementary benefits if a partially disabled person does not exhaust their remaining earning capacity. Rather, in such cases, Art. 14a para. 2 ELV, which provides for a minimum amount as hypothetical income for partially disabled persons with a degree of disability of 50 to under 60 percent, is applicable. A deviation upwards, i.e., an increase in the creditable hypothetical income,…