# 2019-059 Pay and Benefits, Family Care Assistance / Definition of Dependant

Case summary

F&R Date: 2020-04-21

The grievor, who has sole custody of her five children, left the family home to complete a period of temporary duty (TD) outside her place of duty. During that time, she asked her friends and parents to take care of her children. Upon her return from TD, she claimed $2,880 in Family Care Assistance (FCA) for various costs incurred. The Canadian Armed Forces (CAF) reimbursed her $1,120 in FCA, corresponding to 32 days at the maximum daily rate of $35.

The grievor claimed that the maximum rate of $35 per family is clearly insufficient to cover full-time care by a person who is not in the business of childcare. She also claimed that the measure promotes childcare by strangers rather than people familiar to a child.

The Initial Authority concluded that the grievor received the FCA to which she was entitled, stating that the FCA policy is associated with the National Joint Council (NJC) Travel Directive, that the daily rates are set by the Treasury Board, and that the CAF do not have the authority to change them.

The Committee concluded that the NJC Travel Directive, updated on 1 July 2017, was clear regarding the maximum daily rate of $35 when childcare services are provided by a person who is not in the business of providing dependant care services. Accordingly, the Committee recommended that the Final Authority (FA) not grant the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) is in agreement with the Committee's recommendation to dismiss the grievance on the grounds that the grievor's request for reimbursement was handled in accordance with the Compensation and Benefits Instructions (CBI) in place. The CDS reiterated that he did not have the authority to modify allowance conditions for CBI and National Joint Council Travel Directives. He is also in agreement with the Committee's recommendation that the items raised in the grievance be taken into consideration during the next CBI review. He indicated that he recognizes the importance of adapting the policies governing benefits and allowances for service members to the reality of military families. The CDS indicated that the revision of the Family Care Assistance will be included in the overall submission to Treasury Board planned for spring 2023.