Army widow faces eviction from SFA

Discussion in 'Army Pay, Claims & JPA' started by Haymaker, Oct 23, 2008.

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  1. Both JSPs 751 and 464 state that upon death of head of household(serving)a widow can retain the SFA for a period for up to 2 years, both in UK and ''overseas", in order to sort her (and possibly kids) life out. Except that under the SOFA in BFG the widow only has 90 days(this rule is contained within a SIBA(G)). The dead soldiers unit briefed the widow she can stay for up to 2 years in the SFA, as per the JSPs, but is now waiting for an answer from way up high on whether the widow can now stay beyond 90 days. Yet no mention of this local instruction is mentioned in the JSPs, hence, a widow is now potentially being told to sling her hook following the death of her serving husband. This can't be right? Can it?
     
  2. No it can't, nor would the widow of a serving soldier be evicted within 90 days of his death.
     
  3. I can't see this happening somehow. I would like to see it in black and white. Lat time I checked Germany was overseas? Furthermore, once it casually leaked to the papers the dung would fly. there're plenty of examples of more recent JSPs contradicting established documents. The army is duty bound to adhere to the lateset stated policy or lawyers will have a field day!
     
  4. It's in black and white, SIBA(G) 3217. Apparently, this local instruction over-rides the JSPs as it adheres to the Status of Forces Agreement(SOFA) that exists in germany. You can understand my unit's frustration. That said, the reason I highlighted it on here was to make others aware and to reinforce what we all know; that there are difficult people within the CoC, whom instead of helping, actually hinder people in need. Thus far, the widow has received excellent support from the unit but it is higher HQs making life difficult.
     
  5. I may be being obtuse here and whilst I haven't read SIBA (G) 3217 I'm struggling to understand what in effect a tenancy agreement has to do with SOFA. If I understand rightly much if not all Germany SFA is leased from local landlords-I can't see how this would result in the eviction of a widow or how it impacts on SOFA?

    I personally would be seeking legal advice, starting with RAF Legal Services and then a call to an MP.
     
  6. I readily admit that I have been out for quite some time, but surely each unit/garrison has a families welfare officer to look after the interests of families in such a condition.

    Has this changed?
     
  7. I have now read (part of) SIBA (G) 3217. It says the widow loses dependent status after 90 days under the SOFA. It DOES say applications can be made to extend this - who in their right mind with one eye on PR and the other on morality would reasonobly deny such an application? In one of the footnotes it makes reference to the JSP allowing the bereaved to occupy SFA for up to 2 years - at no point does it say it is superceded by the SOFA agreement. The footnote says reference to JSP 494(?) should be made before giving advice on retention of the SFA. Even without dependendent status (which would make life extremely difficult admittedly) surely the SFA would not be withdrawn.