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II 2022 48 • VG SZ II 2022 48 AI generated

Maintenance Arrears Offset Against Supplementary Benefits

Case Number II 2022 48
Court / Authority
Jurisdiction Switzerland · Canton of Schwyz (CH-SZ)
Decision Date
Outcome Dismissed
Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellant, a recipient of supplementary benefits, challenged the decision of the cantonal compensation fund to offset assumed family law maintenance payments against her benefits, as the payments were deemed to be in arrears and not actually received or used for the intended purpose of supporting the recipient. The court reasoned that for such payments to be considered as actual income and thus reduce supplementary benefits, the claimant must have a genuine, enforceable right to receive the maintenance payments, and these payments must be effectively made or available to the claimant to cover their needs, which was not sufficiently established in this case regarding the alleged arrears.

Legislator headnote

AI generated

Art. 65 Abs. 2 BGG, Art. 66 Abs. 1 BGG; Maintenance Arrears Offset Against Supplementary Benefits: The court reasoned that for such payments to be considered as actual income and thus reduce supplementary benefits, the claimant must have a genuine, enforceable right to receive the maintenance payments, and these payments must be effectively made or available to the claimant to cover their needs, which was not sufficiently established in this case regarding the alleged arrears.

Keywords

AI generated
arrears of maintenance payments payment of benefits family benefit compensation fund compensation for inconvenience social security disputes

Cited Legislation

AI generated
Art. 65 Abs. 2 BGG
The appeal is rejected on the grounds set out in Art. 65 para. 2 BGG regarding the merits of the case.
Art. 66 Abs. 1 BGG
The Appellant is ordered to pay the costs of the appeal proceedings.
AI generated
II 2024 104
Supplementary Benefits Calculation: Family Law Maintenance Imputation
II 2022 74
Appeal on Supplementary Benefits Calculation: Maintenance Deduction and Imputed Rental Income
II 2020 85
Claimant v. Authority Regarding Supplementary Benefits Eligibility Based on Unexhausted Assets
II 2021 115
Supplementary Benefit Repayment Based on Subsequent Income
II 2022 83
Supplementary Benefits Denial Upheld Despite Recalculated Usufruct Value

Key legal questions extracted by Legislator

AI generated
Art. 65 Abs. 2 BGG

The appeal is rejected on the grounds set out in Art. 65 para. 2 BGG regarding the merits of the case.

Art. 66 Abs. 1 BGG

The Appellant is ordered to pay the costs of the appeal proceedings.

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Full text

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\n\n| | | |\n II 2022 48 |\n |\n \n\n

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\n\n| | | |\n |\n Entscheid vom 22. August 2022 |\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 lic.iur. Anna Maria Rüesch, Gerichtsschreiberin |\n \n\n

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\n\n| | |

|\n Parteien |\n A.________, \n Beschwerdeführerin, \n vertreten durch ihre Mutter B.________, ebenda, \n diese vertreten durch Rechtsanwalt lic.iur. C.________, |\n

\n|\n |\n gegen |\n \n|\n |\n Ausgleichskasse Schwyz, Rechtsdienst, Postfach 53, 6431 Schwyz, \n Vorinstanz, |\n \n\n

\n \n \n \n \n \n

\n\n| | | |\n Gegenstand |\n Ergänzungsleistungen (Anrechnung familienrechtlicher Unterhaltsbeiträge) |\n \n\n

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