B-143339, AUG. 12, 1960

B-143339: Aug 12, 1960

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NUGENT: REFERENCE IS MADE TO YOUR LETTER DATED MAY 31. YOU STATED THAT YOUR FATHER WAS HOSPITALIZED FROM SEPTEMBER 22. THAT THEREFORE HE WAS UNABLE TO JOIN YOU IN CHICAGO. WHERE YOU WERE THEN STATIONED. WAS DISALLOWED BY THE SETTLEMENT OF JUNE 13. FOR THE REASON THAT YOU WERE CREDITED WITH INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT FATHER UNDER THE "SAVED PAY" PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949. THAT IS. WAS LIKEWISE DISALLOWED BY THE SETTLEMENT FOR THE REASON THAT YOUR FATHER DID NOT ACTUALLY RESIDE IN YOUR HOUSEHOLD AS REQUIRED BY SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949. YOU SAY YOU UNDERSTAND THAT DECISIONS HAVE AUTHORIZED PAYMENT OF BASIC ALLOWANCE FOR QUARTERS DURING PERIODS OF HOSPITALIZATION OR AT LEAST THE FIRST 90 DAYS DURING WHICH A DEPENDENT PARENT WAS ABSENT FROM A MEMBER'S HOUSEHOLD.

B-143339, AUG. 12, 1960

TO LIEUTENANT COMMANDER FRANCIS F. NUGENT:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 31, 1960, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED JUNE 13, 1950, OF OUR CLAIMS DIVISION WHICH DISALLOWED YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT FATHER DURING THE PERIOD OCTOBER 1, 1949, TO FEBRUARY 10, 1950.

IN YOUR ORIGINAL APPLICATION FOR SUCH ALLOWANCE DATED MARCH 30, 1950, YOU STATED THAT YOUR FATHER WAS HOSPITALIZED FROM SEPTEMBER 22, 1949, UNTIL THE DATE OF HIS DEATH ON FEBRUARY 10, 1950, AND THAT THEREFORE HE WAS UNABLE TO JOIN YOU IN CHICAGO, ILLINOIS, WHERE YOU WERE THEN STATIONED. YOUR CLAIM FOR THE PERIOD OCTOBER 1 TO DECEMBER 17, 1949, WAS DISALLOWED BY THE SETTLEMENT OF JUNE 13, 1950, FOR THE REASON THAT YOU WERE CREDITED WITH INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT FATHER UNDER THE "SAVED PAY" PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802. YOUR RIGHT TO "SAVED PAY" TERMINATED ON DECEMBER 18, 1949, ON WHICH DATE YOU BECAME ENTITLED TO GREATER TOTAL COMPENSATION UNDER THE CAREER COMPENSATION ACT WITHOUT CREDIT OF A QUARTERS ALLOWANCE FOR A DEPENDENT PARENT THAN YOU RECEIVED UNDER THE SAVED PAY PROVISIONS OF THAT ACT INCLUDING SUCH AN ALLOWANCE. YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT FATHER FOR THE BALANCE OF THE PERIOD INVOLVED, THAT IS, FROM DECEMBER 18, 1949, TO FEBRUARY 10, 1950, WAS LIKEWISE DISALLOWED BY THE SETTLEMENT FOR THE REASON THAT YOUR FATHER DID NOT ACTUALLY RESIDE IN YOUR HOUSEHOLD AS REQUIRED BY SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, FOR INCREASED QUARTERS ALLOWANCE PURPOSES. IN THIS CONNECTION THE SETTLEMENT CITED OUR DECISION OF DECEMBER 19, 1949, B-90278, 29 COMP. GEN. 280, 285. IN THE LETTER OF MAY 31, 1960, YOU SAY YOU UNDERSTAND THAT DECISIONS HAVE AUTHORIZED PAYMENT OF BASIC ALLOWANCE FOR QUARTERS DURING PERIODS OF HOSPITALIZATION OR AT LEAST THE FIRST 90 DAYS DURING WHICH A DEPENDENT PARENT WAS ABSENT FROM A MEMBER'S HOUSEHOLD.

THE MATTER OF PAYMENT OF BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT WHO WAS HOSPITALIZED DURING A PERIOD PRIOR TO AUGUST 1, 1950, WAS CONSIDERED IN THE ANSWER TO THE SIXTH AND SEVENTH QUESTIONS OF THE DECISION OF DECEMBER 19, 1949. AS YOU WERE ADVISED IN THE SETTLEMENT, IT WAS CONCLUDED IN THE CITED DECISION THAT, IF A MEMBER'S DEPENDENT PARENT WAS TEMPORARILY ABSENT FROM HIS HOUSEHOLD FOR A PERIOD NOT TO EXCEED THREE MONTHS AT ANY ONE TIME, HE MIGHT BE CREDITED WITH A QUARTERS ALLOWANCE FOR SUCH PERIOD OF ABSENCE AFTER THE RETURN OF THE PARENT TO HIS HOUSEHOLD PROVIDED THE PARENT WAS RESIDING IN HIS HOUSEHOLD UP TO THE BEGINNING OF SUCH PERIOD OF ABSENCE AND THE MEMBER CONTINUED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND THE PARENT AT HIS STATION DURING SUCH PERIOD OF ABSENCE. A COPY OF THE DECISION OF DECEMBER 19, 1949, IS ENCLOSED, AND YOU ARE ADVISED THAT SUCH DECISION HAS NOT BEEN REVISED OR MODIFIED IN THIS REGARD.

SINCE THE RECORD BEFORE US DOES NOT SHOW THAT ANY OF THE CONDITIONS PRESCRIBED BY THE DECISION HAVE BEEN MET IN YOUR CASE, PAYMENT OF BASIC ALLOWANCE FOR QUARTERS UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT FOR THE PERIOD OCTOBER 1, 1949, TO FEBRUARY 10, 1950, IS NOT AUTHORIZED.