Disrurbance Allowance Question

[smudge77]

Hi, i was due to move out of my married quarter in april 09 but due to my son havin a rare medical condition, we got an extension on the house for another year. within this time i was living in the block as married unacommpanied. now last friday we handed our quarter back in and moved my family into private rented accomodation, i then put my disturbance allowance claim in of 1048 but have been refused this, and have been told because i am not livin in the house, even thou my family is, i am not entitled to it, which i think is wrong. i have read through JSP752 and came acroos this which tells me i am entitled to it.

ENTITLEMENT
07.0108. General. Only one claim and therefore one rate of DA is payable when a
Service person is permanently assigned to a new duty station (but see paragraph
07.0111)

07.0111. Mid-assignment Moves. DA is only payable for mid-assignment moves
where the move of accommodation is for Service, compassionate, welfare or medical(plus the Child Element of DA where appropriate).The DA payment is to be
based upon the type of accommodation the Service person is going to occupy for the
majority of the assignment (but see paragraph 07.0117).

07.0117. Qualifying Residences. To qualify for DA Service personnel, irrespective
of PStat Cat, must be entitled to move at public expense and the move must be to or
from a RWA.
a. IF A SERVICE PERSON ELECTS TO SERVE UNACCOMPANIED (UnAcc) AND SETTLE THEIR
IMMEDIATE FAMILY IN A SPR, DA MAY BE CLAIMED AT THE RATE FOR THE TYPE OF ACCOMODATION THEIR FAMILY MOVES INTO (ie PRIVATELY OWNED OR PRIVATELY RENTED
ACCOMODATION OR SFA).

 

[yellowbelly]

Have you an Assignment Order, or have you been assigned at any point during this period?

 

[smudge77]

i was only posted into this unit in october but my wife and child were still livin in my quarter at my old unit, now they have had to move out due to the extension running out and have now moved into private. the only reason they say i am not entitled to it is because i have not moved into that property with them and i am living in the block. but it clearly says in jsp752 my family doesnt have to move to the unit with me, they can move into there selected preferd residence. its kind of like me moving out of a married quarter into my own house ive bought i would of thought, unless i am reading it wrong

 

[smudge77]

Have you an Assignment Order, or have you been assigned at any point during this period?

no, i dont think so, i have not long been at this unit and am due to stay for the next few years

 

[yellowbelly]

Smudge, have been on leave hence delay in replying. From what you say, you seem to have a good case, however notwithstanding all the bits of JSP 752 you quote, the key one is that for Dist Allce, you should normally have an Assignment Order (para 07.0116). So, when you were posted in Oct, did you claim any Dist Allce (maybe the rate for moving into the block?). If not, see para 07.0116c and you need your unit (normally Welfare/RAO joint effort) to write a case to the PACCC Casework Cell. From my experience, a move for medical reasons (which yours seems to be) would get authorised no problem.

 

[smudge77]

Smudge, have been on leave hence delay in replying. From what you say, you seem to have a good case, however notwithstanding all the bits of JSP 752 you quote, the key one is that for Dist Allce, you should normally have an Assignment Order (para 07.0116). So, when you were posted in Oct, did you claim any Dist Allce (maybe the rate for moving into the block?). If not, see para 07.0116c and you need your unit (normally Welfare/RAO joint effort) to write a case to the PACCC Casework Cell. From my experience, a move for medical reasons (which yours seems to be) would get authorised no problem.

yes i did have a posting order when i was posted in october and i did claim the 90.00 for moving into the block, but my own clerk and oc have said i shouldnt of claimed this and it is partly my clerks fault for not advising me when i got here, therefore they are happy for my to have the full amount 0f 1048 minus the 90.00 which is not a problem, the problem is that another clerk up in rhq is saying i am only entitled to the full amount if my family had moved up here and i had moved into the house with them. she is stating the serving personnel claimng the DA has to move into the property he is claiming for, which i think is bullshit and cant find anywhere on JSP752 that states that. i know many of people who have been posted, and because there children etc are in the middle of school, they have decided to stay in the area and move into private accom, while there partners have gone and livig in the block in the week, and they have been givin the full DA amount. Surley if i have to move my family out of a married quarter, i should be allowed the full amount for the disturbance of moving my family and all the hassle etc.
can i ask what job role you do? and do you deal with this kind of thing on a daily basis? and what route would u suggest i take to take this further up the chain of command? as to be quite honest my welfare officer isnt much use. i stood there with him in front of the clerk, and she just said read that your not entitled to it, and my welfare officer just said deal with it shes right its her job.

 

[yellowbelly]

OK, a couple of points:

1. It's OK blaming your clerk, in fact they may even admit it was their fault. But (as crap as it sounds) you are the individual affected by this and whilst I admit JSP 752 is awash with mumbo jumbo, the ball is in your court to ensure you claim correctly. The fact you were badly advised may add some weight to your argument.

2. Neither your clerk nor the OC can decide that you are entitled to claim £1048 minus £90. It's a good point but they don't have the authority to tell you to do that. (See note 1 above about clerk's advice).

3. If the clerk in RHQ (FSA/Sys Co-Ord?) is saying you can't claim because you are not residing in the house, you have already quoted para 07.117a which states you clearly can. Politely point this out to them.

4. WIthout saying what I do, yes I do deal with these types of claims every now and then. As for further action, you clearly have a case which sits outside the rules of JSP 752 because of your family's circumstances. Get your OC to speak to the RAO and suggest he submits a case to PACCC who preside over these types of instances. It must be submitted in a certain format, and is sent to your Regional Bde HQ who staff it up the chain to Glasgow. They will give an answer within 10 days.

Hope this helps, PM me if you want to discuss further.