Key legal question
Whether the son’s household contribution must be treated as the mother’s earned income in the EL calculation, and if so to what extent.
Extracted holding
The contribution is income only to the extent it exceeds the actual food and housing costs; the remaining amount is earned income from household work and is therefore countable only at two thirds after the statutory allowance.
Extracted reasoning
The son’s payment above the mother’s actual maintenance costs constitutes remuneration for household services. Such income falls under the privileged rule for earned income. The Federal Court accepted the lower court’s cost calculation but held that the resulting amount had to be counted only at two thirds; it also noted that the statutory allowance of CHF 1,500 would in principle apply, but it was bound by the appellant’s narrower request.