Gap in the law: Silvia Gautschin (65) is threatened with social assistance benefits – because she has inherited

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Silvia Gautschin, 65, is a fairly wealthy woman. At least on paper. Four years ago she inherited almost 150,000 francs from her deceased son. But she hasn’t seen a cent of the money yet. Her ex-husband and her daughter dispute her claim and the proceedings are pending.

This has serious consequences for the woman from Ticino: she is considered rich by the law. Since the death of her son, she no longer receives additional benefits. As long as she cannot accept the inheritance, she is dependent on the money to live her daily life.

Until all savings are used up

In such cases, those affected only have social assistance. However, their approach goes considerably deeper than that for additional services. And unlike receiving EL, where there is a R30,000 grant for singles, social assistance requires almost all savings to be used up first.

Silvia Gauutschin thinks the same way. She had her pension fund paid out, 40,000 francs. She currently lives on this until everything runs out and she can apply for help from social services. “I find the whole situation very stressful,” says the former housewife and geriatric nurse.

Prepayment proposal

SP national councilor Gabriela Suter speaks of a complaint that must be resolved. The parliamentarian from Aargau became aware of the issue through a similar case. The SRF magazine “Espresso” also reported on the fate of Silvia Gautschin.

Last December, Gabriela Suter therefore submitted a proposal to the National Council: she proposed that in such cases the additional benefits continue to be paid until those affected actually receive their inheritance – as an advance. When the money comes in, the heirs can repay the advance.

Too complex for the Federal Council

The Federal Council does not want to change the rules, as it has now announced. He admits that “difficult situations can arise in certain individual cases, especially if the settlement of the inheritance takes a long time.” A change in the law is necessary to be able to provide additional benefits on an advance basis. He warns about this. Firstly, the principle that additional benefits do not have to be repaid would be violated. Secondly, the Federal Council fears that recovering the money could lead to difficult procedures and a lot of effort.

It is still unclear how national councilor Suter will pursue her plan. First she wants to convince other factions to at least have a change in the law investigated. She cannot understand the Federal Council’s answer: “On the one hand he is talking about individual cases, and on the other hand he is talking about too much effort.”

Other social insurance companies provide advances

Irene Rohrbach, social security expert at the Observer Advisory Center, also questions the Federal Council’s decision. A change in the law is not necessary, an adjustment to the regulation would be sufficient, she says. “It is up to the Federal Council to do something.” She assesses the legal situation in the same way as social security expert Michael Meier from the University of Lucerne in an earlier SRF article.

On the issue itself, observer expert Rohrbach says: “The additional benefits are intended to enable AHV retirees to finance an appropriate standard of living.” The Federal Council undermines this principle by taking into account assets to which the insured person does not have access. “This practice shows a quixotic way of thinking, especially because it is common for social insurance companies to provide so-called advances.” For example, the IV with liability insurance.

All that remains for Silvia Gautschin is the hope that she will be able to receive her inheritance soon – and that she will no longer just have enough money on paper.

Source:Blick