Deduction of waived assets in bridging benefits for older unemployed persons

Facts

Parties: A. (appellant) against Social Insurance Agency of the Canton of St. Gallen (SVA)

Courts: Insurance Court of the Canton of St. Gallen, Federal Supreme Court (8C_110/2024 of November 25, 2024)

Facts: [A.] applied for bridging benefits for older unemployed persons with the SVA. The SVA rejected the application as the asset threshold of CHF 150,000.- was exceeded. [A.] had received a vested benefits payment of CHF 350,000.- in 2014 and could not prove the whereabouts of the capital. The Insurance Court of the Canton of St. Gallen confirmed the SVA's decision. [A.] filed an appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court examined whether the lower court had violated federal law by denying a claim for bridging benefits due to exceeding the asset threshold. The lower court had correctly stated the legal basis, in particular the requirements for a claim to bridging benefits (Art. 3 and 5 BridPA) and the asset threshold (Art. 5 para. 1 lit. c BridPA in conjunction with Art. 4 BridPO and Art. 9a para. 1 SBA).

The lower court found that [A.] had received his pension capital in 2014 and could not prove the assets by the end of 2014. It assumed a reduction in assets of CHF 273,895.71, which, due to lack of proof, was to be considered as assets. Taking into account debts and other assets, the assessable assets amounted to CHF 270,569.-, which exceeded the asset threshold. [A.] did not contest these findings.

The Federal Supreme Court confirmed that the lower court had not violated federal law by considering the vested benefits in assessing the asset threshold. It…