Question juridique clé
Whether the CHF 420,000 investment loss had to be treated as waived assets when calculating supplementary benefits.
Solution extraite
Yes. The loss resulted from a risk that was already foreseeable at the time of the investments, so the cantonal court rightly treated the amount as waived assets under the EL rules.
Motifs extraits
A waiver exists when assets are disposed of without legal duty and without adequate consideration. A normal investment is not a waiver, but it becomes one if, under the concrete circumstances, it was already foreseeable that repayment would likely fail. The claimant did not show facts proving a sufficiently reliable investment or deception that would negate this assessment.