# 2012-163 Pay and Benefits, Entitlement to Rations and Quarters (R&Q) at Public Expense , Overpayment, Post Living Differential...

Case Summary

F&R Date: 2013–03–25

The grievor, at the time of his enrolment, was sharing living accommodations located in a post living differential area with his common-law spouse. He was granted post living differential allowance (PLDA) and separation expense (SE) benefits over several postings, including a posting where the move of household good and effects was not prohibited but for which he was granted an imposed restriction. A review determined he was not entitled to those benefits and he was asked to repay approximately $70,000. The issue before Board was to determine whether the grievor was entitled to those and other related benefits, in accordance with applicable policies.

The initial authority determined that the grievor was entitled to PLDA from enrolment and that he met the requirements for SE benefits set out in CBI 209.997. As his common-law spouse left their primary residence to pursue her studies in another province, the initial authority determined that the grievor was entitled to an extension of separation expense benefits on the basis of educational disruption, in accordance with CBI 209.997(5)(b). However, SE benefits could not be extended beyond the date his common law spouse completed her studies and elected to remain at the location to which she had moved.

The Board agreed with the determination in regard to PLDA. However, the Board was of the opinion that the initial authority erred in concluding that the grievor was entitled to SE benefits up to the date his common-law spouse completed her education. The Board found that the grievor was disentitled to SE benefits upon being posted subsequent to his imposed restriction, as he did not meet the requirements set out in CBI 209.997(2). The Board was of the opinion that the grievor no longer had a dependent who was normally resident with him at his place of duty as the grievor's common-law spouse was living separate and apart from him. The Board also found that the common-law relationship no longer existed as they continue after seven years to be living separate and apart from each other for other than military reasons.

Finally, the Board found that the grievor was entitled to quarters and rations without deduction while he was required to live in quarters for training purposes and was separated from his household goods and effects.

Accordingly, the Board recommended that the Chief of the Defence Staff partially uphold the grievance and direct the appropriate authorities to recalculate the amount owed by the grievor, taking into consideration the Board's findings related to PLDA, SE benefits and entitlement to rations and quarters.

CDS Decision Summary

CDS Decision Date: 2015–03–23

The Chief of the Defence Staff (CDS) agreed with the Committee's findings and recommendation with regard to the Post Living Differential. The CDS did not agree with the Committee's finding as to the end of the grievor's Separation Expense (SE). The CDS found no reason to question the grievor's common-law status. Therefore, the CDS directed that the appropriate changes be done to extend his period of eligibility for SE.