Key legal question
How should forfeited assets be reduced when calculating annual supplementary benefits: only by CHF 10,000 per year under Art. 17a ELV, or additionally by asset consumption / third-party loans?
Extracted holding
Forfeited assets are reduced only by CHF 10,000 per year under Art. 17a ELV. There is no basis to subtract the annual asset consumption taken into account under Art. 25(3) ELV or loans granted by third parties.
Extracted reasoning
The Federal Supreme Court has already rejected the same argument. Verzichtsvermögen remains fully attributable and is not to be treated as if it had been actually consumed. Art. 17a ELV permits only the fixed annual reduction of CHF 10,000; the legal system does not support a further reduction by hypothetical consumption or substitute loans.