Jugement Kantonsgericht (VD - Jug/2019/357)

Canton:	VD
Case number:	Jug/2019/357

Instance:	Kantonsgericht
Department:	Zivilkammer

Kantonsgericht Entscheid Jug/2019/357 vom 09.12.2019 (VD)

Date:	09.12.2019
Force of law:	-

Summary:	Shorter summary: Judgment of the Federal Court of 4 November 2019: The Lucerne Compensation Fund must provide a woman with supplementary benefits to the AHV pension. The woman has given an irrecoverable loan to her son and therefore has too little assets to make a living. The compensation fund had initially denied the entitlement to supplementary benefits. More detailed summary: The Lucerne Compensation Fund has denied supplementary benefits to the AHV pension to a woman who gave an uncollectable loan to her son in 2017. In 2011, the woman lent her son CHF 65,000 without interest. In 2017, bankruptcy was opened over the son. The Cantonal Court of Lucerne has confirmed the woman's entitlement to supplementary benefits. The Federal Supreme Court has confirmed the verdict of the Cantonal Court. Explaination: Supplementary benefits to the AHV/IV are financial aid for people who do not have enough income and assets to make a living. An irrecoverable loan is a loan that cannot be repaid. The Federal Court has ruled that due to the irrecoverable loan, the woman cannot make a living out of her own funds. Conclusion: The Federal Court has ruled that a woman who has given an irrecoverable loan to her son must receive supplementary benefits to the AHV pension.
Rule of Law:	Art. 106 CPC;Art. 111 CPC;Art. 19 LDA;Art. 2 CC;Art. 2 LDA;Art. 20 LDA;Art. 233 CPC;Art. 239 CPC;Art. 46 LDA;Art. 5 CPC;Art. 51 LDA;Art. 55 CPC;Art. 58 CPC;Art. 59 LDA;Art. 8 CC;Art. 95 CPC;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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