Can anyone help? Can a WO1 (married and in a qtr) who is over 37, posted to my unit in Feb 06, on his last tour and has just bought his own house get the Over 37s package or Final Tour of Duty Provision?
His house (that was bought 2 months into his current tour) is 46 miles from work. And we don't have an RAO (we are an HQ of only 11 mil bods). We are trying through other units for advice, but get different answers. His is currently in a qtr with his family. He will live in his house when he completes 22 in 2008. Hope this helps.
See below - JSP 752 Ch 7 Sect 4 - read through, this should raise all questions that should be asked ref final tour of duty package. I think your WO1 has probably dipped out on this and should have been advised prior to his last posting (at least 6 months prior!), if you need further advice pse PM.
FINAL TOUR OF DUTY
07.0401. Aim. The aim of the Final Tour of Duty (FTOD) provision is to assist eligible Service personnel in their final tour of duty, who are not in the geographical area in which they have formally expressed a preference to serve, with meeting the costs of settling themselves and/or their immediate family at a Selected Place of Residence (SPR) in the UK.
07.0402. Assistance Provided. Eligible personnel may claim Disturbance Allowance (DA) and movement of Personal Effects (PE) at public expense.
07.0403. Assignment Preference. The preferred location must be within the UK, and must be a Unit or Establishment in which an assignment exists that the claimant could fill if it were vacant.
07.0404. Income Tax and National Insurance Contributions (NICs). Payment of DA and the movement of PE within the FTOD provision attract a liability for both Income Tax and NICs. The tax and NICs will be met by MOD and paid by AFPAA under PSA.
07.0405. General. Service personnel, who have formally expressed a preference for a FTOD location, are eligible to claim DA and movement of PE under the provisions of this Section to a SPR in the UK at any stage during their final tour of duty up to and including their final day of service, provided:
a. They are serving on what is expected to be the final tour of duty of a commission or engagement, which qualifies for an immediate pension/Early Departure Payment (but not a gratuity); and
b. They are serving at a duty station more than 50 miles or 90 minutes travelling time from the location for which they expressed a first preference. This limit is waived in the case of Service personnel who are required to live close to their place of duty, or in public accommodation by virtue of their rank or appointment. This sub-paragraph does not apply to officers required, by virtue of their appointment, to serve their final tour accompanied, as they are exempt the requirement to specify an assignment preference; and
c. They have not made a previous claim under this Section; and in addition
d. The Service person is serving accompanied and resides in a RWA; or
e. They are, if single, a householder or a house owner; or
f. They are, if single, required to occupy SFA by virtue of their rank or appointment and are a householder or house owner; or
g. They have attended a Medical Board and have received a date for discharge on medical grounds, and will be in receipt of a pension on invaliding. Notwithstanding that due to circumstances beyond their control they may have received DA and movement of PE within the previous 6 months (see paragraph 07.040 they are entitled to DA and movement of PE at public expense. The remaining rules for eligibility apply.
07.0406. Proportionate Expenses. Notwithstanding the eligibility criteria at paragraph 07.0405, Service personnel not assigned to their preference area may relocate to an area in the UK, other than their preference area, and receive both DA and a contribution to the cost of the movement of PE:
a. If the distance between their place of duty and the SPR to which they relocate is less than that between their place of duty and their nominated preference area, their PE will be moved by Service arrangements.
b. If the distance between their place of duty and the SPR to which they relocate is greater than that between their place of duty and their nominated preference area, their PE will be moved by Service arrangements but the Service person will be required to pay a contribution towards the overall cost. DTMA will calculate this cost which will be difference between the cost of the move to the SPR and the notional cost of a move to the nominated preference area. This amount will be recovered from the Service personâs salary using a form F/MOV/709.
07.0407. Statement of Preference. Service personnel who do not formally express a preference for a FTOD are ineligible for the support in this Section, but see paragraph 07.0405g.
07.0408. Previous DA Claims and Movement of PE. Service personnel will be ineligible to claim the FTOD provision if they have received DA and movement of PE at public expense as a consequence of an assignment move within the previous 6 months.
07.0409. Involuntary Separated (INVOLSEP) Status. Service personnel who have INVOLSEP status at their primary place of duty during their final tour are not eligible to claim under the provisions of this Section. This is not, however, intended to exclude from its provisions those who may have been temporarily involuntarily separated (eg while on a course or detachment).
07.0411. General. Service personnel who are eligible to claim the FTOD provision will be entitled to:
a. The applicable full DA rate for a move to a SPR (including the Child Element where applicable).
b. Movement of PE, from their RWA, and/or from store, to a SPR within 50 miles or 90 minutes travelling time of their area of preference.
07.0412. Eligibility for Other Allowances. Service personnel who claim DA and/or the movement of PE at public expense under the provisions of this Section and relocate their immediate family away from their place of duty, will serve unaccompanied and be treated as VOLSEP for the remainder of their assignment. Those in receipt of Continuity of Education Allowances when they become VOLSEP will have their eligibility reviewed by their unit HR admin staff and the likely outcome is that the eligibility will cease. Further entitlement to School Childrenâs Visits is also likely to cease.
07.0413. FTOD Rates. There are no specific rates calculated for FTOD. The content of the package is the costs Service personnel encounter when moving to their SPR on leaving the Service. These are the costs funded within DA (see Section 1 of this Chapter) and Movement of PE at public expense (see Section 2 of this Chapter).
METHOD OF CLAIM
07.0414. Method of Claim. Service personnel are required to formally express their FTOD location preference in accordance with single Service procedures. The individual elements of the FTOD package may subsequently be claimed in accordance with the instructions detailed in the specific Sections within this Chapter for those allowances.
Regarding the over 37 package the move must be made within 6 months of the posting so he's got until Aug - he will not be entitled to Disturbance allowance or Removals if he moved to this posting and claimed both - but he will be entitled to live in the mess, not payy accn and receive separation benefits. Again this would have been much easier for him if he'd received the correct advice well before his posting to you!! RAAC CH 9 Sect 3 and Ch 14 Sect 3 deal with this.
Paywog. As you are pretty clued up, any chance of mulling over this one please.
I have just taken advantage of the over 37/Final tour thingy. Got my own place "up north" and am now on SSSA "down south". I have used the removals, claimed disturbance allowance and I'm being repaid expenses. I didn't take advantage of LSAP. At the moment I am planning to leave in Dec 08.
If (and it's a big if) I was to suddenly start fearing life outside and hypothetically applied for a commission. And if (which is a much bigger if) the powers that be were having a bad judgement day and I got it. Would I:
A. Have to pay anything back.
B. Come off the over 37 deal and pay for mess accn etc
C. Be able to claim disturbance allce etc to re-move to new posting
D. Would I be entitled to do the same thing again later on in my career
FJ - From my time with the AAC I thought you all knew the regs inside out!!
I need a bit more info before I can offer my advice - I assume from what you have said that you are on the over 37 package not the final tour of duty package??? - makes a difference I take it you moved your family from residence at last posting to own house "Up North"? thereby claiming Dist Allce, removals, etc then moved to new duty station unaccompanied, living in SSSA as
no mess accn. Pse confirm and I'll do a bit of digging.
Sorry I didn't get back again yesterday - work sometimes has a nasty habit of getting in the way!! in answer to your questions:
a. You will not have anything to repay.
b. regardless if you are posted or not you are still over 37 so can still claim its benefits.
c. As long as you move your family to your new duty station yes - (on posting the family move must be from or to a residence at the duty station).
d. Yes you will you have the option on each posting, within six months either way. Having said that as I pointed out to robre if you move your family to a new duty station, claiming Dist Allce and removals in the process you will not be able to claim again at that point but will live in free accn paying the unacc food charge and getting whichever separation benefits your situation allows.
The above is based on current rules - to date the over 37 package is not covered in JSP 752! but is still allowed under RAAC and will remain until at least when JPA goes live for the Army. Best to double check before you commit to anything.