Question juridique clé
Whether the insured was entitled to a waiver of the repayment claim for CHF 27,418.
Solution extraite
No. The insured could not invoke good faith because he had been expressly instructed to report changes in the IV pension and failed to do so with at least the minimal required diligence.
Motifs extraits
Good faith under Art. 25 ATSG requires more than ignorance of the legal defect; it is excluded where the overpayment results from at least grossly negligent breach of reporting duties. The court held that the insured did not communicate the decisive IV pension changes despite an explicit duty to notify, and his arguments about internal communication between authorities, helplessness, and overload did not excuse the omission.