Facts

A., born in 1947, has been receiving an AHV pension since 1 July 2012. In January 2014, after having given up his employment at the end of 2013, he applied for supplementary benefits (SB). The Compensation Fund of the Canton of Zug rejected his claim for SB, as it imputed a hypothetical income to the applicant's wife, born in 1961. The Administrative Court of the Canton of Zug annulled the decision and remanded the case to the Compensation Fund for a new decision. The Compensation Fund appealed to the Federal Supreme Court.

Considerations

According to case law, a hypothetical income of the spouse of an SB recipient is also to be imputed as foregone income, provided that a reasonable employment or extension of working hours is waived. However, the spouse must be granted a realistic transitional period to take up employment or increase their workload before a hypothetical earned income is imputed. This applies to both ongoing and newly applied for supplementary benefits.

In the present case, it must first be clarified whether the employment of the respondent until the end of 2013 was a…