Facts
The case concerns a recipient of AHV/AVS supplementary benefits who received undue amounts for a certain period. The compensation fund of the canton of Lucerne requested the reimbursement of the difference between the benefits actually paid and those to which she was legally entitled, taking into account the in-kind income (food and accommodation) she was receiving. The administrative court of the canton of Lucerne annulled this reimbursement decision, considering that it was not a violation of the duty to provide information but an initial erroneous decision. The compensation fund then appealed to the Federal Insurance Court.Considerations
The Federal Insurance Court considers that the conditions for the revision of a formally enforceable decision are met: the initial decision of July 25, 1977 was manifestly erroneous in not taking into account the significant in-kind income, and its correction is of substantial importance given the amount unduly paid (5,509 francs).
Regarding the insured's good faith, the Federal…