Question juridique clé
Whether the repayment debt of CHF 44,815 can be waived in full
Solution extraite
A waiver is excluded for the part of the repayment covered by pension back payments still available when repayment should have been made.
Motifs extraits
For time-congruent back payments, the earlier waiver case law was refined: no gross hardship exists to the extent the retroactive pension funds are still available at the repayment date. Here the claimant still had the back-payment funds when the repayment decision was served, so he had to use them to repay the undue supplementary benefits.