Question juridique clé
Whether the reduced but unpaid pension from the occupational pension fund had to be counted as income for supplementary benefits.
Solution extraite
No, the unpaid amount not reaching the claimant's control and not freely disposable could not be counted as income; only the part validly offset without affecting the subsistence minimum remained relevant.
Motifs extraits
Supplementary benefits count only actually received income or assets freely and legally available. A mere contractual set-off that does not enter the claimant's control is not income under Art. 3c ELG; any amount beyond the enforceable set-off limit must instead be examined as a waiver.