Calculation of Supplementary Benefits - Non-Transferable Right of Residence

Facts

The dispute concerns the calculation of the supplementary benefits (PC) of the applicant. The compensation fund of the canton of Obwald and the cantonal appeal commission for social insurances of the canton of Obwald considered that the value of the applicant's right of residence should be taken into account as income in the calculation of the PC, which the applicant disputes.

Considerations

According to Art. 776 para. 2 CC, the right of residence is non-transferable as to its substance and exercise. It cannot, therefore, be transferred or passed on to third parties. The right of residence is limited to the use of the dwelling by the beneficiary and possibly their relatives (Art. 777 CC). Since the applicant can no longer exercise her right of residence for health reasons and she cannot transfer it, its value cannot be…