Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II 2022 87 • VG SZ II 2022 87 AI generated

Petitioner v. Compensation Fund (Property Transfer for Supplementary Benefits)

Case Number II 2022 87
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 petitioner, who was receiving supplementary benefits, was required to transfer ownership of a property to the compensation fund as a condition for receiving those benefits, despite having previously argued that the transfer was unjustified due to an alleged agreement to keep the asset. The court rejected the appeal, reasoning that the petitioner was aware of the legal obligation to transfer the asset upon receiving supplementary benefits, and the purported agreement did not override this statutory requirement, thus affirming the decision to mandate the property transfer as part of the benefit conditions.

Legislator headnote

AI generated

Art. 66 Abs. 1 BGG; Petitioner v. Compensation Fund (Property Transfer for Supplementary Benefits): The court rejected the appeal, reasoning that the petitioner was aware of the legal obligation to transfer the asset upon receiving supplementary benefits, and the purported agreement did not override this statutory requirement, thus affirming the decision to mandate the property transfer as part of the benefit conditions.

Keywords

AI generated
transfer of property supplementary benefits compensation fund statutory requirement entitlement condition for benefits vested benefits agreement Ergänzungsleistungen (Vermögensverzicht) | Ergänzungsleistungen

Cited Legislation

AI generated
Art. 66 Abs. 1 BGG
The appellant was ordered to pay the costs of the federal administrative proceedings.
AI generated
II 2020 86
Waiver of Assets for Supplementary Benefits
II 2020 85
Claimant v. Authority Regarding Supplementary Benefits Eligibility Based on Unexhausted Assets
II 2022 16
Claimant v. Compensation Office: Waiver of Assets and Supplementary Benefits Eligibility
II 2019 75
Claimant v. Benefits Agency on Asset Relinquishment for Supplementary Benefits
II 2020 42
Supplementary Benefits Asset Waiver Validity Appeal

Key legal questions extracted by Legislator

AI generated
Art. 66 Abs. 1 BGG

The appellant was ordered to pay the costs of the federal administrative proceedings.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

\n \n \n \n \n

\n\n| | | |\n II 2022 87 |\n |\n \n\n

\n \n \n \n \n

\n\n| | | |\n |\n Entscheid vom 5. Mai 2023 |\n \n\n

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

\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

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

\n\n| | | |\n Parteien |\n A.________, \n Beschwerdeführerin, \n vertreten durch Rechtsanwalt lic.iur. B.________, |\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 (Vermögensverzicht) |\n \n\n

\n \n

Sachverhalt: