Supplementary benefits to OASI/DI: calculation of benefit entitlement and income taken into account

Facts

The appellant, [S.] , and her late husband, [J.] , applied for supplementary benefits to OASI/DI. The implementing agency for supplementary benefits to OASI/DI of the municipality of [X.] granted [J.] monthly benefits and denied the claim for [S.] . They appealed these decisions to the Social Insurance Court of the Canton of Zurich. The court partially amended the decisions and remanded the case to the implementing agency to recalculate the entitlement.

[S.] appealed to the Federal Court and requested that the case be remanded to the respondent to recalculate the entitlement to supplementary benefits for the period from June 1, 2010 to November 30, 2011. She argued that the lower court had incorrectly calculated the market value of the residential property in [B.] , the capital value of the usufruct, and the interest rate for determining the yield of the waived assets.

Considerations

The Federal Court examined the appeal and came to the following conclusion: The lower court incorrectly calculated the market value of the residential property in [B.] and the capital value of the usufruct. The market value of the property is to be set at CHF 490,890 and the capital value of the usufruct at CHF 121,639. The interest rate for determining the yield of the waived assets is to be assumed to be 0.8% for 2010 and 0.7% for 2011.

The Federal Court overturned the decision of the lower court and…