Question juridique clé
Whether the EL calculation had to exclude the assumed waived assets and the related hypothetical income.
Solution extraite
Even without those items, the claimant still had no entitlement for December 2014 and only the minimum premium-based EL for 2015 and 2016; the disputed entries therefore did not affect the result.
Motifs extraits
The challenged waiver asset did not lead to any assessable wealth after the applicable deductions. The hypothetical return from waived assets was very small and, due to the EL minimum guarantee under Art. 26 ELV, removing it would not improve the claimant's position.