# 2019-072 Pay and Benefits, Land Duty Allowance, Recovery of overpayment

Case summary

F&R Date: 2020-01-29

The grievor challenged the recovery of an overpayment of Land Duty Allowance (LDA). He contended that his allowance should not have been ceased until the date that he was notified that he was no longer entitled to receive LDA; and therefore, there should not have been any retroactive recovery of the overpayments. As redress, he requested that the recovered overpayments be returned.

The Initial Authority acknowledged that there was a delay in communicating and implementing a change in the LDA policy. However, as the grievor was not entitled to the LDA he had received after the date of the policy change, the overpayment had to be recovered.

The Committee found that the grievor was no longer entitled to receive LDA when the change to the policy came into effect, but due to delays in implementing the policy change, he continued to receive it. The Committee therefore found that the Canadian Armed Forces was required to recover the overpayment and recommended that Final Authority (FA) not afford the grievor redress.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, agreed with the Committee's findings and recommendation that the grievor was not entitled to LDA effective 1 September 2017 and that despite the regrettable communication lag, recovery of the overpayment is required.