Full consideration of the rent of an apartment shared by a recipient of supplementary benefits and a third party who provides free care to them

Facts

Eva J., an unmarried 81-year-old woman with physical and mental health issues, has lived in an apartment with Julien R., a retired nurse, since 1967. The lease is in the name of Eva J. and her guardian pays the rent exclusively on her behalf. The Compensation Fund of the Canton of Vaud initially set Eva J.'s supplementary benefits by only taking into account half of the rent, in accordance with the general rule of equal sharing of rent between the occupants of a shared apartment. However, the Insurance Court of the Canton of Vaud considered that Eva J. was housing Julien R. free of charge in exchange for the care he provided to her, and ordered the fund to take the full rent into account. The Federal Social Insurance Office then appealed against this decision.

Considerations

The Federal Insurance Court confirms that the general rule of equal sharing of rent between the occupants of a shared apartment may be subject to exceptions in specific cases. In this case, the exceptional circumstances justify a derogation from this rule: Eva J. cannot live alone due to her state of health, and Julien R. provides her with essential free care that allows her to continue residing in her small apartment. The fact…