Facts
The appellant, [H.] , receives supplementary benefits to her disability insurance pension. In April 2006, the compensation office of Lucerne determined that the appellant had taken in a cohabitant in her apartment since October 2004 without reporting this to the office. The administration required the appellant to reimburse the excessive supplementary benefits paid for the period from November 2004 to July 2006, totaling CHF 8,910.-. The appellant requested a waiver of the recovery, which was rejected by the compensation office. The Administrative Court of the Canton of Lucerne dismissed the appeal filed against this decision.
The appellant filed an appeal with the Federal Supreme Court and requested the reversal of the cantonal decision and the decision on the objection. She argued that she had been unable to fulfill her reporting obligation due to a psychological emergency situation (depression).
Considerations
The Federal Supreme Court bases its judgment on the facts established by the lower court. The appellant did not report to the compensation office that she had taken in a cohabitant in her apartment. The lower court established that the failure to report was not intentional, but the appellant had not intentionally caused the unlawful receipt of supplementary benefits.
The Federal Supreme Court examines whether the appellant should have recognized, with the required attention, that she had to report the new living situation. The lower court established that the appellant had been unable to fulfill her reporting obligation due to a psychological emergency situation (depression). The Federal Supreme Court considers a certificate from Dr. med. [S.] , submitted by the appellant, and concludes that the appellant would have been able to…