Question juridique clé
Whether reimbursement of unduly paid social insurance benefits could be required despite the insured's good faith and financial hardship.
Solution extraite
Restitution was not admissible because the insured acted in good faith and repayment would have caused financial hardship.
Motifs extraits
By analogy to Art. 47 AVS, reimbursement of unduly paid benefits cannot be demanded when the recipient was in good faith and repayment would place the person in a difficult financial situation. The court found both conditions satisfied.