Questão jurídica principal
Whether CHF 104,552 should be counted as an imputed waiver of assets in the EL calculation.
Decisão extraída
No. The record did not show a gratuitous transfer without legal obligation and adequate consideration; the claimant's spending pattern explained the asset decrease, so no hypothetical asset could be imputed.
Fundamentação extraída
EL authorities must start from actual assets and may only deviate where assets were waived without obligation and without equivalent return. The claimant's expenditures, mortgage/rent share, living costs, and other outlays largely accounted for the decrease; the remaining gap was not enough to infer a prohibited waiver.