Question juridique clé
Whether Art. 13b(1)(a) ELKV unlawfully excludes reimbursement for caregiving and assistance provided by a spouse included in the EL calculation.
Solution extraite
The provision is constitutionally permissible and does not create an unconstitutional unequal treatment between married couples and cohabiting partners.
Motifs extraits
Because spouses’ income and expenses are jointly assessed in supplementary-benefit calculations, a spouse’s caregiving-related loss of earnings is already reflected in the common calculation. The rule does not bar care at home; it only limits direct reimbursement of intra-marital services.