Questão jurídica principal
Whether the insured is entitled to payment of the retroactive supplementary benefits resulting from the recalculation from 1 January 2009.
Decisão extraída
Yes. The prior case law excluding retroactive payment in this situation can no longer be followed after the LPGA and related provisions; the insured may receive arrears subject to the ordinary limitation rules.
Fundamentação extraída
The recalculation after a change in circumstances is a distinct situation from restitution. Article 24 LPGA governs arrears, and Article 22(3) OPC-AVS/AI only creates a special one-year limit for undelivered awarded benefits. Outside special exceptions, arrears remain payable, so the cantonal judgment was lawful.