Facts
Parties:
- Appellant: Municipality of Regensdorf, implementing agency for supplementary benefits to AHV/IV
- Respondent: [A.] , represented by Procap Switzerland
Facts:
- [A.] , born in 1952, receives a pension from the old-age and survivors' insurance.
- The municipality of Regensdorf granted him supplementary and additional benefits from April 2020 onwards, taking into account waived assets of CHF 81,700.-.
- After an appeal and complaint, the decision on the appeal was overturned and a waiver of assets of CHF 1,483.40 was determined.
- The implementing agency lodges a complaint against this judgment and requests the determination of a higher waived assets of CHF 50,122.30 and a reduction of the litigation costs to CHF 750.-.
Considerations
The Federal Supreme Court examines whether the lower court violated federal law by obliging the administration to recalculate the respondent's entitlement to benefits, taking into account a waiver of assets of CHF 1,483.40.
According to Art. 2 para. 1 SBA, persons are entitled to supplementary benefits if they meet the requirements under Arts. 4-6 SBA. Recognized expenses include, among other things, an amount for general living needs. Income includes, among other things, income and assets on which a waiver has been made (Art. 11 para. 1 lit. g SBA).
The lower court argued that a strictly annual assessment would amount to an impermissible control of living conditions and that a "total calculation" would therefore be justified. The Federal Supreme Court does not find this argument convincing and decides that an annual assessment must be applied.
The amount of the waiver of assets results from the comparison of the reduction in assets after deducting the documented expenses and the actual income deficit in the respective year. In years in which the income deficit is higher than the respective reduction…