Questione giuridica chiave
Whether a survivor's pension already counted as income under ELG may also be deducted again from the victim-assistance damage calculation under Art. 14 OHG.
Decisione estratta
Yes. Despite the wording of Art. 14(1) OHG, benefits already included in the income assessment under the ELG must not be deducted again from the compensation.
Motivazione estratta
The statute must be interpreted in light of subsidiarity and the need to avoid overcompensation; the same third-party benefit must be considered once for eligibility and again for net damage. Otherwise Art. 14(2) OHG and the system of subrogation would create irrational differences depending on payment timing.