Facts
G. has been receiving a three-quarter disability pension from the Disability Insurance (AI) since 1 February 2005. On 5 February 2009, the Supplementary Benefits Office (SBO) of the Canton of Geneva granted her federal and cantonal supplementary benefits as of 1 February 2006. On 5 January 2010, the SBO issued a decision increasing the amount of supplementary benefits as of 1 January 2008, taking into account a hypothetical income. G. contested this decision. On 11 March 2010, the SBO issued a new decision according to which G. had to reimburse CHF 3,000. On 14 April 2010, the SBO upheld G.'s objection and recalculated the supplementary benefits without considering the hypothetical income.Considerations
The Federal Supreme Court ruled that the case law principle according to which the retroactive payment of supplementary benefits is excluded in the event of a new calculation of supplementary benefits (in the context of a request for restitution) cannot be maintained under the provisions of Art. 24(1) SBA. Indeed, the retroactive payment of supplementary benefits can take place in various situations, in particular when the executing authority carries out a new calculation of the supplementary benefits following a reconsideration of its decision (Art. 53(2) SBA) or when it adapts the benefits to changes in the personal or economic circumstances of the person concerned (Art. 25 SBO). In these cases, the person concerned is generally entitled to retroactive payment of the benefits due.
According…