# 2019-023 Pay and Benefits, Home Equity Assistance

Case summary

F&R Date: 2020-02-12

The grievor contested the amount granted in accordance with the Home Equity Assistance (HEA) under the Canadian Forces Integrated Relocation Program (CFIRP) Directive. The grievor claimed that the sale price of houses in his area had decreased considerably, leading to a substantial loss. As a result, the grievor was asking for a full reimbursement for his loss, not just 80% of the loss up to $15,000.

The Initial Authority (IA) concluded that the grievor had received the maximum reimbursement allowed under section 8.2.13 of the CFIRP Directive in effect at the time. The IA indicated that, for an applicant to receive the full reimbursement, the neighbourhood concerned must be designated as a depressed market by the Treasury Board Secretariat, which was not the case. The IA noted a change to the directive effective 19 April 2018 that increased the maximum reimbursement allowed, however it was not retroactive.

The Committee concluded that the Canadian Armed Forces does not have discretion and that the grievor had received the HEA reimbursement he was entitled to in accordance with the CFIRP Directive. The Committee recommended that the Final Authority not grant the grievor redress.

FA decision summary

The Acting Chief of the Defence Staff agreed with the Committee's findings and recommendation to deny the grievor redress.