Questão jurídica principal
Whether monthly set-off of CHF 500 against the AHV pension was permissible despite the reimbursement debt
Decisão extraída
The set-off was permissible because the appellant was found to have access to significant assets, so the deduction did not infringe the subsistence minimum.
Fundamentação extraída
The lower court’s finding that he could dispose of substantial assets was not manifestly incorrect. He failed to substantiate that he lacked access to the Portuguese account or that the money no longer existed. Without proof of inability to access the funds, the set-off did not violate enforcement limits.