# 2014-026 - Imposed Restriction (IR), Separation Expense (SE)

Case Summary

F&R Date: 2014–04–30

The grievor sought Separation Expense (SE) retroactive to his date of marriage. He argued that he was separated from his dependent due to service requirements as he and his spouse had been posted to different places of duty both before and since their marriage.

The Initial Authority (IA) denied the redress, concluding that the grievor did not meet the conditions for entitlement to SE set out in Compensation and Benefits Instructions (CBI) 208.997. Since the IA relied on CBI 208.997, which came into effect on 1 January 2012, the Committee found that the IA should have relied on CBI 209.997, the applicable policy at the time of the grievor's posting in 2009. As a result, the Committee determined that the IA decision had to be set aside.

The Committee indicated that in order to receive SE benefits, the three conditions set out in CBI 209.997(2) must all be met and explained that what triggers the assessment of one's entitlement to SE is a posting to a new place of duty as required by CBI 209.997(2)(a). The Committee found that the grievor met this requirement.

In accordance with CBI 209.997(2)(b), for the grievor to be entitled to SE, he also needed to have a dependent normally residing with him at his place of duty. At the time of his posting in 2009, the grievor was single. In the absence of a “dependent”, as defined in CBI 209.80(3), the Committee found that he was not entitled to SE.

The Committee also found that the grievor's marriage in 2010 did not entitle him to SE either. The Committee indicated that at the time of their marriage, the grievor and his spouse were already serving at different places of duty and concluded that it was not the grievor's posting that separated him from his spouse. The Committee explained that in order to conclude that a Canadian Armed Forces' member has been separated from his/her spouse for military service reasons, they must first live together.

The Committee recommended that the Chief of the Defence Staff deny redress.

CDS Decision Summary

CDS Decision Date: 2015–03–23

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.