# 2017-093 Pay and Benefits, Family Care Assistance, Family Care Assistance for new recruits

Case Summary

F&R Date: 2017-02-23

In anticipation of her enrolment into the Canadian Armed Forces and upcoming mandatory basic recruit and occupational training, the grievor and her children moved into her parents' residence so they could provide 24/7 childcare in her absence. The Director Compensation and Benefits Administration denied the grievor's claim for the Family Care Assistance (FCA) benefit on the basis of the limitations found under the Compensation and Benefits Instruction (CBI) 209.335, as they concluded that she was “normally resident” with her parents and therefore ineligible for the benefit.

There was no Initial Authority (IA) decision on the file as the IA failed to meet the required timeline for providing adjudication.

The Committee reiterated the belief that the term “normally resident” should not be interpreted in a restrictive manner and noted that the Final Authority had previously agreed with this position. The Committee considered the grievor's circumstances and concluded that her living arrangement was temporary and solely for the purpose of ensuring childcare for her children during her basic training. Therefore, the Committee found that the grievor was not “normally resident” with her parents.

The Committee reviewed the stipulations of CBI 209.335 (FCA) and found that, given its location, i.e. within section 3 – Travelling Expenses, the FCA was not intended to compensate members who were posted, but rather it was meant to compensate members who were required to be absent from either their place of duty or their family home on a temporary basis. As the grievor was posted to her training, the Committee found that she was not entitled to the FCA benefit. 

However, the Committee found that the grievor's circumstances were not dissimilar to the intended purpose of the FCA in that, as a new recruit, she was posted away from her dependents to training rather than sent on Temporary Duty. Therefore, the Committee recommended that the grievor be compensated through the exercise of the Ministerial discretion found at CBI 209.013(2).