Family Care Assistance / Definition of Dependant

Topic

Family Care Assistance / Definition of Dependant

Case number

• 2011-084 (F&R Date: 2011–09–11)

Description

Compensation and Benefits Instructions (CBI) article 209.335 - Family Care Assistance - particularly paragraph 7, states that a Canadian Forces (CF) member is not entitled to be reimbursed for childcare or attendant care services if a person who is 18 years of age or older is normally resident with the member.  Based on this provision, the CF considers an 18-year-old person as being responsible for caring for younger siblings when the member is sent on a duty tasking.

The Board found it unfair and unreasonable to expect an 18-year-old attending school full-time to care for younger siblings while a CF member who is a single parent is on a duty tasking for an extended period of time.  The Board also found it unfair and unreasonable not to reimburse a CF member for childcare or attendant care services for younger children, because an 18-year old resides with him.

Recommendation

The Board recommended to the Chief of the Defence Staff (CDS) that the CF prepare a submission for Treasury Board regarding the CBI provisions in order to reflect that an 18-year-old attending an educational institution full-time be included in the definition of "dependant".  Further, the Board recommended to the CDS that this submission include changes to the regulation in order to reflect CF members' entitlement to childcare services, despite an 18-year-old residing with them.

Final Authority Decision

The CDS did not address the systemic recommendation except to indicate that this Board's comment will be provided to the DGCB to ensure that situations such as the grievor are considered in the policy review with TB.