Insured Ordered to Repay Maternity Benefits Despite Prior Fund Approval
Legislator-Zusammenfassung
KI-generiertAn insured individual, who had received maternity benefits, was subsequently required by the compensation fund to repay a portion of those benefits due to being employed and receiving salary for the same period, despite having informed the fund of the employment beforehand. The insured appealed this demand for repayment, arguing that the compensation fund's prior approval of the benefit payment despite knowledge of the concurrent employment should prevent the subsequent demand for repayment based on an administrative error or estoppel. The court ultimately ruled against the insured, reasoning that maternity benefits are intended to replace lost earnings and that receiving a salary for the same period constitutes unjust enrichment, thus overriding any potential administrative error or reliance interest on the part of the insured, as the statutory basis for repayment of improperly paid benefits remained intact.
Legislator-Regeste
KI-generiertInsured Ordered to Repay Maternity Benefits Despite Prior Fund Approval: The insured appealed this demand for repayment, arguing that the compensation fund's prior approval of the benefit payment despite knowledge of the concurrent employment should prevent the subsequent demand for repayment based on an administrative error or estoppel. The court ultimately ruled against the insured, reasoning that maternity benefits are intended to replace lost earnings and that receiving a salary for the same period constitutes unjust enrichment, thus overriding any potential administrative error or reliance interest on the part of the insured, as the statutory basis for repayment of improperly paid benefits remained intact.
Schlagwörter
KI-generiertVerwandte Entscheide
KI-generiertVolltext
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\n\n| | | |\n II 2023 72 |\n |\n \n\n
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\n\n| | | |\n |\n Entscheid vom 4. Januar 2024 |\n \n\n
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\n\n| | | |\n Besetzung |\n lic.iur. Achilles Humbel, Präsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n MLaw Manuel Gamma, Gerichtsschreiber |\n \n\n
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\n\n| | | |\n Parteien |\n A.________, \n Beschwerdeführerin, |\n \n|\n |\n gegen |\n \n|\n |\n Ausgleichskasse Schwyz, Rechtsdienst, Postfach 53, 6431 Schwyz, \n Vorinstanz, |\n \n\n
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\n\n| | | |\n Gegenstand |\n Erwerbsersatzordnung (Mutterschaftsentschädigung / Rückforderung) |\n \n\n
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