Entitlement to DA

Discussion in 'Army Pay, Claims & JPA' started by Britlancer, Jul 10, 2012.

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  1. Hopefully some JPA/ claims guru's can help so here goes....

    I'm currently living in SSSA in the UK but have been married for 12 months and own a house with the wife in our hometown which i commute to and receive GYH at weekends.
    We are currently applying for our 1st quarter, am i eligible for Disturbance allowance when we move as its not our 1st home together, but will be our first quarter so realise i am not entitled to get the movers paid for.

    I understand this may be a grey area but if anyone has any info/ experience on this matter it would be gratefully received!!

    Cheers
     
  2. If you have no Assignment Order, then no claim.
     
  3. I have an assignment order as I'm already based at the unit hence SSSA, this would be a move from said SSSA and private house to SFA/SSFA however I already own my 1st home so should surely be able to claim DA for the purpose of full and final bills at my home address and SSSA address,

    Cheers
     
  4. If you are already there then you will need another "order to move' (Assignment Order) to enable you to claim. Makes no difference if you have your own home or not.

    You may be able to make a case to PACC if you can demonstrate that you are saving money by giving up your SSSA and living in your own house and only claiming D/A and HDT.
     
  5. BritLancer, You may only claim DA if you are ordered in writing (ie, an Assignment Order) to move. If this is a move of your own choice, then you are not entitled. It has nothnig to do with "First Setting up of Home" which was a factor in the pre-JPA days. Regarding the "full and final" bills from your SSSA and Home address, thye are yours to settle. As was mentioned you may want to put a case up to display a cutting of cost, but to be honest, I doubt they will be interested. If you are moving through your own choice, you pay.
     
  6. If you moved into SSSA rather than SFA when you were posted then this move will be deemed to be of your own accord therefore no DA is entitled.
     
  7. B_AND_T

    B_AND_T LE Book Reviewer

    Oh for the love of god......

    CHAPTER 7

    SECTION 1

    DISTURBANCE ALLOWANCE

    GENERAL

    07.0101. Aim. The aim of Disturbance Allowance (DA) is to contribute towards the necessary additional expenses that arise when the Services require their personnel to make a qualifying move to or from a RWA on permanent assignment.

    07.0102. Scope. DA applies equally for moves within the UK, between the UK and overseas, or for moves between overseas stations. Expenditure associated with moving from one residence to another varies from move to move. The allowable expenses (see Annex A to this Section) that underpin the DA rates are kept under review to ensure the rates cover the expenses necessarily incurred in the majority of the UK and overseas moves. Some personnel will find that the expenses they incurred in connection with a particular move will be higher than the allowance paid, while for other moves they will be lower. Over the course of their career, therefore, DA will have made a significant contribution.

    07.0103. Income Tax and National Insurance Contributions (NICs). In accordance with ITEPA 2003 Section 271 to 287 elements of DA are taxable. Where required, tax and NICs will be met by MOD and paid by SPVA under a PSA for:

    a. Mid-assignment moves for Service reasons within the UK.

    b. Final Tour of Duty moves within the UK (see Section 4 of this Chapter).

    c. Under the Army Over 37 Provision (see Section 8 of this Chapter).

    d. Any other UK move to a Residence at Work Address (RWA) which is within 50 miles or 90 minutes travelling time of the previous RWA.

    e. The Child Element of DA (see paragraph 07.0109) associated with moves within the UK.

    f. A percentage, as agreed between SP Pol P&M (Allces) and the HM Revenue and Customs (HMRC), of all other claims associated with moves within the UK.

    ELIGIBILITY

    07.0104. Eligible Service Personnel.

    a. Regular Service and Full Time Reserve Service (Full Commitment) (FTRS(FC)) personnel (irrespective of PStat Cat) are eligible to receive DA on moving from Phase 1 to Phase 2 training on a qualifying move, and on subsequent qualifying moves. MPGS personnel are eligible to receive DA for a qualifying move under the same regulations as those for Regular Service personnel.

    b. Exceptionally, FTRS (Limited Commitment) (FTRS(LC)), FTRS (Home Commitment) (FTRS(HC)), Additional Duties Commitment (ADC) and TA Non Regular Permanent Service (NRPS) personnel may be eligible for DA, but only when they are invited to be assigned to a new duty station in the interests of the Service and it is authorised by the SPVA PACCC.

    INELIGIBILITY

    07.0105. Initial (Phase 1) Training. Service personnel joining their initial (Phase 1) training unit are ineligible for DA.

    07.0106. Non-Qualifying Moves. The following moves are ineligible for DA:

    a. Where Service personnel move between 2 residences when neither is a RWA (ie between 2 Selected Places of Residence (SPR)).

    b. Where Service personnel return from an assignment where they occupied public accommodation to a property that they previously lived in which their family continued to occupy during their absence (eg those returning from SSSA to a home that has been continually occupied by their family, or single personnel returning to privately owned or rented property that has not been let).

    c. Where Service personnel move into accommodation in a seagoing unit.

    d. Where Service personnel undertake operational tours.

    e. For moves between SLA within the same Unit.

    07.0107. Ineligible Service Personnel. Service personnel assigned to the European Union Military Staff (EUMS) are ineligible for DA for both their move to and from their EUMS assignment as they receive EU Daily Subsistence Allowance (EUDSA) (see Chapter 6 Section 6) which contributes towards these costs. University Cadets, Medical or Dental Cadets and Foundation Year 1&2 Doctors, including re-designated deferred University Cadet Entrants (UCEs), are ineligible for DA when in receipt of pay that includes an element for education grant. With the exception of those personnel specifically identified at paragraph 07.0104, Reserve Forces personnel are ineligible to receive DA.

    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) (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). The property for which DA is claimed must be occupied for a minimum of 6 months during the assignment. In cases where the accommodation for which a DA payment is made is vacated within 6 months for other than Service reasons recovery action may be taken. Rates payable are for moves into:

    a. SFA or Privately Owned or Rented Accommodation . This rate is payable to Service personnel who occupy either SFA or Substitute Service Families’ Accommodation (SSFA), their own properties or privately rented accommodation for which they are a signatory on a tenancy agreement.

    b. SLA. This rate is payable to Service personnel who occupy SLA or Substitute Service Single Accommodation (SSSA). For the purposes of DA accommodation in a seagoing unit is not SLA and those moving into such accommodation do not have an entitlement to DA.

    07.0109. Child Element. The Child Element of DA contributes towards costs necessarily incurred for the child as a direct result of a family move which qualifies for DA. It is intended to contribute towards the extra costs of buying new school uniform items and books on moving a child from one school, or place of apprenticeship, to another. Service personnel entitled to DA may claim the Child Element for each child who satisfies one or more of the following conditions:

    a. The child is 3 years of age or over and receiving full-time education at a day school (including nursery school or technical college), which is defined as daily attendance for at least half of each weekday, and there is a requirement to purchase new school uniform for the child. Any nursery school or playgroup is to be one that is established under formal arrangements with the Local Education Authority (LEA) or equivalent overseas (normally HQ Service Children’s Education located at Wegberg).

    b. The child is moved from a day school to a boarding school, or vice-versa, after the date on which the Service person is notified of the assignment, but not later than the beginning of the first school term after the Service person joins the new duty station.

    c. The child is serving a full-time apprenticeship for which a wage, less than the UK National Minimum Wage, is received.

    07.0110. Temporary Accommodation. Service personnel who move into SLA on a temporary basis while arranging permanent accommodation may defer the payment of DA until they move into their selected permanent accommodation and therefore claim the SFA or Privately Owned or Rented Accommodation rate (see paragraph 07.0108). DA may not be claimed for both moves. Should a move to permanent accommodation not take place within the 3 month period, where eligible, the SLA rate of DA may then be claimed for the original move to SLA and any subsequent move at that assignment will be deemed to be a mid-assignment move and eligibility to DA will be limited to that detailed in paragraph 07.0111.

    07.0111. Mid-assignment Moves. DA is only payable for mid-assignment moves where the move of accommodation is for Service reasons. For compassionate, welfare or medical reasons, PACCC approval is required (see 01.0108). All supporting evidence (medical or welfare reports, COs recommendations etc) where it exists, must be included in the casework submitted to the PACCC. DA is not payable for mid-assignment moves between SLA. Where the Service person’s accommodation entitlement changes due to promotion or a change in the size of the immediate family (other than as a result of first setting up of home upon marriage or civil partnership, where there is no entitlement) the Service person will normally be entitled to a mid-assignment move and therefore the associated level of DA. The Service person must have an expectation of occupying the new property for at least 6 months. Mid-assignment moves for other personal reasons, including on estrangement, and for operational deployments do not give an entitlement to DA. For the purposes of these regulations, first setting up of a home is a term that applies following marriage or civil partnership, regardless of whether a couple lived together beforehand or not. A couple who have already established a home prior to marriage have no entitlement to DA or removals when they move accommodation mid-assignment following their marriage.

    07.0112 Service Couples. Where a Service couple occupy the same private accommodation (owned or rented) or public accommodation (SFA or SSFA), only one individual is eligible to claim DA for that accommodation. This is normally to be the individual who is recognised as PStat Cat 1s.

    07.0113. Service Personnel Sharing Private Accommodation. Where a Service person entitled to DA moves into shared private accommodation with people other than their immediate family, the rate of the allowance payable will be as follows:

    a. The full appropriate rate when no other occupant of the accommodation is or was entitled to DA on occupying the accommodation.

    b. Half the appropriate rate when sharing with one other person on occupying the accommodation. When calculating this rate, the resultant sum is to be rounded up to the nearest whole pound.

    c. One third of the appropriate rate when sharing with 2 or more other persons on occupying the accommodation. When calculating this rate, the resultant sum is to be rounded up to the nearest whole pound.

    07.0114. Families of Deceased Service Personnel. Following the death of a Service person, their immediate family is entitled to DA for any move between Service accommodation and for their final move from Service accommodation into private accommodation.

    07.0115. Evacuated Families. For entitlement to DA as a consequence of emergency evacuation from an overseas assignment, see Section 6 to this Chapter.

    CONDITIONS

    07.0116. Qualifying Moves. It is the move of the Service person, not the immediate family (unless bereaved or in the circumstances at paragraph 07.0118), which provides eligibility for DA. To qualify for DA Service personnel must:

    a. Be ordered in writing to move to a new place of duty to undertake a permanent assignment following Phase One training (but see 07.0107); or

    b. Be required to move from a RWA to alternative accommodation awaiting a further assignment (eg on an extended period of sickness). Where the subsequent assignment necessitates a further move to a RWA this will also attract DA; or

    c. Undertake a mid-assignment move for Service reasons, as a result of a change of Service accommodation entitlement (other than as a result of first setting up of home), or for compassionate, welfare or medical reasons when authorised by SPVA PACCC.

    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 SFA or Privately Owned or Rented Accommodation Rate.

    b. Where a Service person occupies SFA by virtue of their appointment, in accordance with JSP 464 Part 1, paragraph 0302, DA will be paid at the SLA rate unless they are entitled to claim DA at the higher rate for a family move (see paragraph 07.0117a).

    07.0118. Service Couples. A PStat Cat 1(s) or (c) Service person, whose authorised change of PStat Cat was effected at the time of the new assignment, may claim DA provided a claim, other than at the SLA rate, has not been made by either of the partners in the previous 182 days. Determination of entitlement in exceptional circumstances (eg short notice change of assignment) should be referred to SPVA PACCC.

    07.0119. Qualifying Periods. DA is not admissible for moves solely as a consequence of a temporary assignment (ie periods less than 183 days) except in the following circumstances:

    a. A family move to a residence, which is to be occupied during 2 or more assignments or courses (which may be at different places) provided the total period of occupation is expected to exceed 182 days.

    b. Service personnel returning from an overseas assignment with an expectation of at least 91 days service (this period includes resettlement courses and terminal absence) from the date of arrival in the UK. Where it can be demonstrated that the 91 days qualifying period cannot be achieved for Service reasons, a case is to be made to SPVA PACCC who, if satisfied that genuine Service reasons exist, will waive the requirement.

    07.0120. Cancelled Assignment. A Service person whose formally notified assignment is cancelled and who has necessarily incurred expenses in anticipation of a qualifying move, may submit, to SPVA PACCC, a claim for these expenses. The total claim must not exceed the appropriate rate of DA and any Child Element (see paragraph 07.0109). Only items of expenditure which the allowance was devised to cover (see Annex A to this Section) will be admissible. Receipts must be provided to prove expenditure. If the full entitlement to DA has been claimed prior to notification of the cancellation, the unit HR admin staff are to identify the difference between the receipted actual costs incurred and the DA already claimed and are to notify SPVA PACCC of the amount for recovery.

    07.0121. Medical Evacuation to the UK. Where a seriously ill Service person is medically evacuated to the UK and the immediate family relocates permanently (ie they vacate their previous accommodation), they may occupy accommodation near the hospital. This will be treated as accommodation at an assignment station and therefore eligible for DA. A further payment of DA will not be debarred if the immediate family subsequently moves when the Service person reports for duty at the next duty station (which could, coincidentally, be their previous duty station).

    07.0122. Medical Discharges. Service personnel who are discharged from the Services on medical grounds, and who will be in receipt of a pension, are entitled to the benefits of the Final Tour of Duty Provision (see Section 4 to this Chapter).

    07.0123. Personnel Transferring Between the Services. Where a Service person transfers from one UK Armed Service to another, with no break between the 2 periods of service, this will be treated as an assignment for DA purposes and DA will be payable if they are otherwise eligible.

    RATES

    07.0124. Method of Rate Calculation. The rates are based upon the average additional expenditure incurred when Service personnel are required to move into specific types of accommodation (eg a room in a barrack block, a privately-owned house). MOD then determines the type of expenditure it will support (eg at present it will support the cost of providing new school uniforms; but it will not support loss of income as a result of a spouse/civil partner or partner giving up their employment). Some personnel will find that the expenses they incurred in connection with a particular move will be higher than the allowance paid, while for other moves they will be lower. Over the course of their career, therefore, DA will have made a significant contribution. The full list of items to which DA currently contributes is at Annex A to this Section.

    07.0125. Publication of Rates of DA. The rates of DA will be published in the annual MOD SP Pol P&M (Allces) Directed Letter “Rates of Entitlement for Allowances for Service Personnel”. The current rates are also at Chapter 1 Section 6.

    METHOD OF CLAIM

    07.0126. Method of Claim. Claims for DA may be submitted 45 days prior to the expected move date. Service personnel are to claim using the JPA on-line self-service system. For those personnel with no access to the JPA on-line system, JPA Form F018 is to be submitted to unit HR admin staff. The unit HR admin staff will then check the claim prior to its authorisation by the unit Allowances Checker and input to the JPA system via an Element Entry.


    METHOD OF PAYMENT

    07.0127. Method of Payment. The appropriate rate of DA and Child Element may be paid in advance of, but not more than 30 days prior to, a DA qualifying move. DA payments will be made via the Service person’s salary. The rate of DA payable, will be the rate in force on the date of the qualifying move. DA payments to families of deceased personnel will be made under arrangements made by JPAC. Unit HR admin staff are to ensure that the amount paid is refunded if the move does not take place, or payment is appropriately adjusted if the type of accommodation eventually occupied differs (see paragraph 07.0120) from that for which payment was made.

    Annex:

    A. Expenses that Disturbance Allowance Contributes Towards.
     
  8. Thanks for all that posted, case closed