Key legal question
Whether a hypothetical income had to be taken into account in the supplementary benefits calculation.
Extracted holding
The cantonal court's finding that it was unrealistic to require the insured to exploit her residual earning capacity was inadequately reasoned and manifestly incorrect; a hypothetical income could not be excluded on the present record.
Extracted reasoning
The insured was 44, French-speaking, long resident in Switzerland, had worked there before, no longer had children requiring constant care, and had no job-search efforts. The cantonal court gave no convincing link between these factors and its conclusion, contrary to the case-law on residual earning capacity.