Questione giuridica chiave
Whether a child living in a foster family must be treated as a home resident for EL calculation under Art. 10 ELG and Art. 25a ELV.
Decisione estratta
No. Under the applicable cantonal legal situation, the foster family was neither recognized as a home nor subject to a cantonal operating licence, so EL had to be calculated as for a person living at home.
Motivazione estratta
Art. 25a ELV validly defines a home by reference to cantonal recognition or operating licence. The foster family did not meet those formal criteria. The prior case law on material home-like institutions was superseded by the new federal regulation.