Key legal question
Whether, for EL purposes, only half the rent and related ancillary costs had to be counted for the period March 2003 to March 2007.
Extracted holding
Yes. Because the insured lived with a cohabiting person not included in the EL calculation, the rent had to be split equally; no exception justified departure from that rule.
Extracted reasoning
The partner stayed in Switzerland without authorization for a relevant period, so there was no valid moral or legal duty to provide free housing. Later efforts to regularize his status and an eventual residence-right finding did not create an exception. The insured was not yet married, and the situations cited by the appellant were not comparable.