Question juridique clé
Whether the widow’s pension had to be repaid and whether the restitution claim was time-barred
Solution extraite
The claimant had no entitlement to a widow’s pension at any time after the death of her former husband, and the fund’s restitution claim was timely for benefits paid from August 2007 onward.
Motifs extraits
Restitution under Art. 25 ATSG applies to undue payments regardless of fault. The one-year relative period starts when the authority, with due attention, should have recognized the mistake; here that occurred only in April 2012 after the civil-status check prompted by the federal authority. Payments from December 2001 to July 2007 were time-barred by the five-year absolute period, but later payments were recoverable.