Supplementary benefit to OAS/DI: valuation of a property located abroad

Facts

The complainants, [A.] and [B.] , received supplementary benefits to the old-age pension from 1 December 1997. In the calculation, the property located in Tunisia and owned by [B.] was also taken into account. The Office for Supplementary Benefits to OAS/DI of the City of Zurich reassessed the claim as of November 2006 and valued the property in Tunisia at CHF 75,000. The appeal against this decision was rejected, which was confirmed by the District Council of Zurich.

The Social Insurance Court of the Canton of Zurich overturned the decision and the appeal ruling, and referred the matter back to the Office to reassess the claim for supplementary benefits as of 1 November 2006. The complainants are filing a complaint in public law matters and are requesting that the (net) value of the property in Tunisia be set at CHF 26,605.08 and that they be paid supplementary benefits, allowances, and municipal subsidies on the basis of the corresponding newly calculated taxable income.

Considerations

The Federal Court upheld the complaint and overturned the decision of the Social Insurance Court of the Canton of Zurich, as well as the ruling of the District Council of Zurich and the appeal decision of the Office for Supplementary Benefits to OAS/DI of the City of Zurich. The matter was referred back to the authorities so that they could reassess the supplementary benefit, allowance, and municipal subsidy as of 1 November 2006 after clarifying the situation as described.

The Federal Court found that the valuation of the property in…