Questão jurídica principal
Whether a hypothetical income may be imputed to the insured person's spouse for supplementary benefits.
Decisão extraída
Yes. The spouse was deemed capable of gainful work and her failure to seek employment counted as a waiver of income.
Fundamentação extraída
The court held that under Art. 11(1)(g) ELG a hypothetical income is imputable if the spouse waives reasonably expected work. Age, language, education, work history, health, and labor-market conditions were considered, but the wife was registered with the employment office, had basic German knowledge, and had experience in unskilled work.