# 2020-152 Pay and Benefits, Eligibility to collect Hardship Allowance and Sea Duty Allowance concurrently

Case summary

F&R Date: 2020-09-30

Prior to 1 August 2019, the Compensation and Benefits Instructions for the Canadian Forces (CBI) did not prohibit members from receiving Sea Duty Allowance (SDA) and Hardship Allowance (HA) simultaneously. However, on 1 August 2019, a new Treasury Board (TB) approved CBI came into effect which disentitled members to SDA if they were in receipt if HA. The grievor argued that this change was unfair as HA and SDA were compensation for two different things and HA was significantly less than SDA. He also complained that, although the change only came into effect on 1 August 2019, his SDA was ceased on 17 July 2019 when he began receiving HA.

The Initial Authority concluded that the grievor should have continued HA and SDA until 31 July 2019, as his SDA should not have been ceased until the new CBI came into effect on 1 August 2019. The Initial Authority staff and the subject matter expert explained that although receipt of HA was the trigger to cease SDA, this did not mean that HA and SDA were meant to be identical. In fact, the SDA is replaced by a package of operational allowances including HA, HA Bonus, Operational Foreign Service Premium, and Risk Allowance, which collectively far exceed the amount of SDA that would be paid.

The Committee found that the TB-approved changes to the CBI are very clear and that the grievor was no longer entitled to receive HA and SDA simultaneously after 1 August 2019. In addition, the CBI did not provide the grievor with the option to elect which allowances he received. His entitlement to allowances is determined by the type of duty he is undertaking, as specified in the CBI.

The Committee found that the grievor was aggrieved by the cessation of his SDA prior to 1 August 2019.

FA decision summary

Grievor withdrew.