Question juridique clé
Whether apartment rent could be included as an additional EL expense after nursing-home entry for March to May 2016
Solution extraite
No. The court found it was already highly probable at admission that the appellant would not return home, so the rent was not deductible beyond February 2016.
Motifs extraits
The decisive factor was the appellant's condition at entry and the credible testimony of the institution's head. The court held that WEL No. 3390.02 applied because a return home was no longer realistically possible at admission; later evidence did not displace that assessment.