Questão jurídica principal
Whether the renewed EL entitlement after retroactive nursing-home fee increase begins only from the new application date or already from the date of the fee increase.
Decisão extraída
The entitlement begins on the date the fee increase led to an excess of expenses, here 1 August 2010.
Fundamentação extraída
The statute and ordinance contain a gap for this situation. The gap is genuine, not qualified silence. By analogy with Art. 12(2) ELG, the benefit must start at the beginning of the month in which the cost increase creates entitlement, ensuring equal treatment with other EL claimants.