B-180623, AUG 14, 1974

B-180623: Aug 14, 1974

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CHILD CARE EXPENSES ARE NOT ALLOWABLE IN THE ABSENCE OF EXTRAORDINARY CIRCUMSTANCES NOT APPARENT IN THIS CASE. WE HAVE LONG HELD THAT THE FACT THAT SUCH QUARTERS WERE OWNED BY A RELATIVE WOULD NOT IMPOSE A BAR TO ENTITLEMENT SO LONG AS THE EXPENSE CLAIMED WAS ACTUALLY INCURRED.

B-180623, AUG 14, 1974

EMPLOYEE WHO RECLAIMS $300 IN TEMPORARY LODGING AND $50 CHILD CARE EXPENSES HE PAID HIS MOTHER-IN-LAW WHILE RESIDING IN HER HOME NEAR HIS NEW OFFICIAL STATION, MAY BE ALLOWED SUCH REASONABLE TEMPORARY LODGING EXPENSES WHEN ACTUALLY INCURRED AND SUPPORTED BY RECEIPT, BUT CHILD CARE EXPENSES ARE NOT ALLOWABLE IN THE ABSENCE OF EXTRAORDINARY CIRCUMSTANCES NOT APPARENT IN THIS CASE.

MICHAEL W. COLLEGE - CHILD CARE AND TEMPORARY LODGING EXPENSES PAID TO A RELATIVE:

THIS ACTION INVOLVES A REQUEST FOR A DECISION ON ADDITIONAL INFORMATION SUBMITTED BY MR. MICHAEL W. COLLEGE, AN EMPLOYEE OF THE BUREAU OF MINES, UNITED STATES DEPARTMENT OF INTERIOR, RECLAIMING $350 IN CHILD CARE AND TEMPORARY LODGING EXPENSES DISALLOWED ON A VOUCHER SUBMITTED IN CONNECTION WITH HIS CHANGE OF OFFICIAL DUTY STATION FROM WASHINGTON, D.C., TO PITTSBURGH, PENNSYLVANIA, IN JULY 1973. MR COLLEGE CONTRACTED ORALLY WITH HIS MOTHER-IN-LAW, MRS. ELIZABETH D. OSBORNE, TO PROVIDE TEMPORARY QUARTERS IN HER PITTSBURGH, PENNSYLVANIA, RESIDENCE AT A COST OF $10 PER DAY, WHICH OVER A 30 DAY PERIOD, AMOUNTED TO $300. HE ALSO ARRANGED WITH MRS. OSBORNE TO PROVIDE CHILD CARE FOR HIS TWO CHILDREN, AGES 2 AND 4 YEARS, FOR $50 DURING THE SAME PERIOD. THE QUESTION PRESENTED CONCERNS THE PROPRIETY OF ALLOWING SUCH EXPENSES, IN THE ABSENCE OF A SHOWING THAT THE MOTHER-IN-LAW INCURRED ADDITIONAL EXPENSES INCIDENT TO PROVIDING THE AFOREMENTIONED SERVICES.

WITH REGARD TO THE REIMBURSEMENT OF THE EXPENSE OF $300 THE EMPLOYEE INCURRED IN THE RENTAL OF TEMPORARY LODGING, WE HAVE LONG HELD THAT THE FACT THAT SUCH QUARTERS WERE OWNED BY A RELATIVE WOULD NOT IMPOSE A BAR TO ENTITLEMENT SO LONG AS THE EXPENSE CLAIMED WAS ACTUALLY INCURRED, REASONABLE IN AMOUNT AND SUPPORTED BY A RECEIPT FOR PAYMENT. B-175918, JUNE 15, 1972, B-174986, MAY 11, 1972. INASMUCH AS THE EVIDENCE SUBMITTED BY THE EMPLOYEE SATISFIES THE AFOREMENTIONED CONDITIONS AND THE ACTUAL EXPENSES FOR MEALS AND LODGING DO NOT EXCEED THE MAXIMUM AMOUNTS ALLOWABLE UNDER PROVISIONS OF SECTION 2-5.4, FEDERAL TRAVEL REGULATIONS, FPMR 101-7, MAY 1973, THE EMPLOYEE MAY BE REIMBURSED LODGING EXPENSES IN THE AMOUNT OF $300.

IN REFERENCE TO THE EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF $50 IN BABYSITTING OR CHILD-CARE FEES PAID TO HIS MOTHER-IN-LAW, SUCH FEES MAY NOT BE ALLOWED UNDER THE PROVISIONS OF THE FEDERAL TRAVEL REGULATIONS, FPMR 101-7, MAY 1973.

IN ACCORDANCE WITH THE FOREGOING, MR. COLLEGE'S CLAIM FOR $300 IN LODGING EXPENSES MAY BE ALLOWED IF OTHERWISE CORRECT.