Questione giuridica chiave
Whether the deceased spouse's pension capital withdrawal could be treated as waived assets in the widow's EL calculation.
Decisione estratta
Yes. The withdrawn pension capital was in principle to be counted as waived assets, because the claimant did not prove that it had been used to satisfy legal obligations or for adequate consideration.
Motivazione estratta
Under Art. 3c(1)(g) ELG, waived assets are attributable even if the claimant no longer has them. Since the widow failed to substantiate a lawful or equivalent disposition, the capital withdrawal was generally includable.