Questione giuridica chiave
Whether the monthly CHF 500 compensation for waiving the housing right must be counted as income in supplementary-benefit calculation.
Decisione estratta
Yes. The contract expressly provided for monthly indexed compensation if the claimant did not exercise the housing right; if she waives collection, the amount is imputable as waived income under supplementary-benefit rules.
Motivazione estratta
The earlier case law on non-monetization of an unusable housing right did not help because here the inheritance agreement contained a specific monetary substitute. The clause was intended to secure the mother financially even if she could no longer use the right for health reasons.