Facts
Parties: A., B. and C. (Appellants) against Compensation Fund of the Canton of Bern (Respondent).
Facts: D., born in 1926, received supplementary benefits to the AHV pension from November 2018 onwards. After her death on January 8, 2022, the Compensation Fund of the Canton of Bern demanded a refund of CHF 13,369.- for the supplementary benefits paid from October 2021 to January 2022. The heirs filed an objection, which was dismissed. The Administrative Court of the Canton of Bern rejected the appeal with a judgment dated September 7, 2023.
Main Question: Whether the recovery of supplementary benefits concerns only the estate exceeding CHF 40,000.- and which debts must be considered.
Considerations
The determination of the estate according to Art. 16a para. 1 SBA and Art. 27a para. 1 SBO is decisive for the recovery of supplementary benefits. The estate includes the assets and liabilities as of the date of death, while inheritance debts arising after death are not considered. The exemption amount of CHF 40,000.- serves to cover funeral and burial costs.
Section 4720.03 of the Guidelines on Supplementary Benefits (WEL) specifies the legal provisions and is permissible as it does not impose any restrictions beyond the law. The administrative directives are not binding for the court but should be considered if they provide a convincing concretization of the legal requirements.
The appellants argued that certain costs should not be considered as inheritance debts. However,…