# 2018-025 Pay and Benefits, Separation Expense

Case summary

F&R Date: 2019-03-14

The grievor was posted with an imposed restriction (IR) on the move of his household goods (HG&E) and was entitled to separation expense (SE) benefits. After a marital breakdown, he no longer qualified for SE benefits, which ceased three months after the separation. The grievor asked to remain on IR status until the end of his posting, but it was denied. He was also told that he was not entitled to a move of his HG&E. The grievor contends that he was so entitled when the IR status was lifted and that, by denying him that move, the Canadian Armed Forces (CAF) put him in a dire financial situation as he had to absorb the cost of maintaining two residences. He requests the reimbursement of SE benefits, or alternatively compensation for the cost of his residence at his place of duty.

The Initial Authority (IA) found that the grievor was no longer eligible to SE benefits after separation from his common-law partner. The IA also found that the grievor was entitled to a move of his HG&E, but that it had to be completed within two years after the IR status was lifted and denied redress.

The Committee found that after separation, the grievor was no longer eligible to SE benefits. This change in the eligibility should have been effective on the date of separation. As such, the Committee found that the grievor received an overpayment of SE benefits, which is subject to recovery.

The Committee also found that the grievor was entitled to a move of his HG&E at Crown's expense. Despite the fact that the move can no longer be executed, as the grievor had since been posted and reoccupied the residence in question, the Committee determined that he was nonetheless entitled to certain benefits under the Canadian Forces Integrated Relocation Program. In particular, by not selling his principal residence, the grievor was entitled to the real estate incentive (REI).

The Committee therefore recommended that the CAF recover the three-month overpayment of SE benefits, and that the Final Authority (FA) grant the grievor the REI benefit.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendations that the grievor be granted the Real Estate Incentive benefit and that the Canadian Armed Forces recover the overpayment of Separation Expense (SE) benefits. The FA agreed that the grievor should have been granted a move when his Imposed Restriction (IR) status was lifted, stating an IR is an approved delay in moving.