Question juridique clé
Whether a statutory heating-cost lump sum had to be recognized in the EL calculation
Solution extraite
Yes. Because the insured person and her co-tenant had to heat the rented dwelling themselves, a statutory heating-cost lump sum applied; in this cohabitation situation only half of the annual lump sum was creditable.
Motifs extraits
Art. 16b ELV makes the heating-cost amount mandatory; actual higher heating expenses cannot replace the lump sum. Since the dwelling was shared with a non-EL co-tenant, Art. 16c ELV required apportionment by halves.