Reimbursement of supplementary benefits to AHV/IV in the event of inheritance

Facts

The appellant, City of Zurich, Office for Supplementary Benefits to AHV/IV, demanded that the respondent, [S.] , reimburse CHF 69,915 for excessively paid supplementary benefits (supplementary benefits, allowances, municipal contributions, and one-time allowances) for the period from April 1, 2008 to July 31, 2011. The respondent had inherited her cousin [W.] in .... 2008 and received a total of CHF 180,004.35 on April 28, 2010 and April 20, 2011.

The respondent had paid the reclaimed amount before filing an appeal. The Social Insurance Court of the Canton of Zurich overturned the appeal decision and referred the matter back to the administration to recalculate the claim for supplementary benefits and re-determine the reimbursement claim.

Considerations

The Federal Court examined whether the lower court had rightly ordered the respondent to reimburse the amount. It found that the lower court had examined the reimbursement obligation under Art. 25 para. 1 GSSLA (in conjunction with Art. 2 GSSLA and Art. 1 para. 1 SBA) and § 19 ZLG.

The court ruled that the reimbursement of unlawfully received benefits under Art. 25 para. 1 GSSLA requires a basis for revision (procedural revision or reconsideration). It found that the lower court had rightly ordered the respondent to reimburse the amount, as the respondent had come into favorable…