Key legal question
Whether a hypothetical income could be imputed to the claimant’s spouse in the EL calculation from 1 June 2004 onward.
Extracted holding
Yes. The spouse’s age, health, and family situation did not preclude a 80% adapted work capacity, so a hypothetical income could be taken into account.
Extracted reasoning
The court held that under EL law a spouse’s waived income may be imputed if gainful work is reasonably possible. It assessed age, health, language skills, education, previous work, and childcare duties, and found no decisive obstacle. The spouse had not made any job-search efforts, breaching the duty to mitigate loss.