Questão jurídica principal
Whether the withheld part of the occupational pension counts as income for supplementary benefits.
Decisão extraída
The withheld amount is not actually received income under Art. 11(1)(d) ELG, but it can qualify as deemed income if the set-off unlawfully encroaches on the minimum subsistence level and is therefore a waiver of income under Art. 11(1)(g) ELG.
Fundamentação extraída
Only income available in legally unrestricted form is attributable under Art. 11(1)(d) ELG. If the pension fund may set off only the surplus above the subsistence minimum, any amount set off beyond that limit is an impermissible set-off and the insured's tolerance of it is equivalent to a waiver.