# 2022-215 Pay and Benefits, Centralization of Post Living Differential Benefits Administration (Systemic), Post living differential

Case summary

F&R Date: 2023-06-15

The grievor complained that the recovery of post living differential (PLD) benefits received in error was not justified because the error was not his fault. As redress, the grievor sought approval to repay only a portion of the PLD over payment.

There was no Initial Authority (IA) decision on the file because the IA was unable to render a decision within the four-month timeline required by the Queen's Regulations and Orders for the Canadian Forces, article 7.15.

The Committee found that the grievor had been over paid, and that the overpayment error was primarily the fault of Canadian Armed Forces (CAF) administrators. The Committee noted that, although the grievor bore very little of the responsibility for the PLD error, it remained clear that he was paid an allowance to which he was not entitled. As such, it was necessary to consider recovery. The Committee emphasized that any decision to recover an overpayment should follow an examination of the circumstances in each case to determine whether a recovery is reasonable, or if an application to Treasury Board (TB) for remission may be warranted in accordance with section 23 of the Financial Administration Act, and the Treasury Board Secretariat Guide to Debt Deletion. The Committee concluded that the grievor did, in fact, receive public funds exceeding entitlement, and that the debt was collectable without causing severe financial hardship. Therefore, the Committee found that an application to the TB for remission of the grievor's debt was not appropriate, and that recovery was justified. However, the Committee also concluded that the grievor was aggrieved by the CAF failure to properly administer the PLD benefit. 

The Committee recommended that Final Authority afford the grievor some form of redress that would acknowledge the error and help mitigate the negative outcomes associated with the maladministration of the grievor's PLD benefit.