Eligibility to collect Hardship Allowance (HA) and Sea Duty Allowance (SDA) concurrently

Topic

Eligibility to collect Hardship Allowance (HA) and Sea Duty Allowance (SDA) concurrently

Case number

• 2016-166 (F&R date: 2016-10-17)

Description

Further to the systemic recommendation made in Committee file no. 2009-079, which has not been acted upon by the Chief of the Defence Staff (CDS), the Committee maintained that the Treasury Board (TB) approved Compensation and Benefits Instructions (CBI) do not prohibit the payment of SDA and HA concurrently. The Committee found that in the absence of regulatory concurrence from TB, the Director General Compensation and Benefits (DGCB) is without authority to decide that a benefit is not payable when members are plainly eligible in accordance with the CBI. The Committee noted that the denial by the DGCB to allow concurrent payment of HA and SDA, in effect since 2 September 2003, has resulted in a considerable number of Canadian Armed Forces (CAF) members deploying on maritime operations without the benefit of both allowances.

Recommendation

The Committee recommended a review to ensure that CAF administrative directions would no longer serve to limit the payment of HA and SDA benefits authorized by TB. The Committee also repeated its recommendation from 2009-079 that the CDS direct a review of the files of all CAF members who had deployed on maritime operations since 2 September 2003 and that HA and SDA be paid to these members as applicable.

FA Decision Summary

The grievor withdrew the grievance before a Final Authority (FA) decision was rendered.