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Computation of Subsistence Expenses While Occupying Temporary Quarters

B-193412 Aug 03, 1979
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Highlights

An employee appealed the disallowance by the U.S. Secret Service of his claim for subsistence of his family occupying temporary quarters incident to his transfer of station. The appeal involved the questions: is an employee required to claim subsistence expenses while occupying temporary quarters only for the 30-day period that begins when he occupies temporary quarters at his new station when his family remains at the residence at his old station, and if an employee may receive subsistence expenses for his family while he is on a temporary duty assignment away from his station and is paid per diem? The employee submitted two claims on the same date for subsistence, one for himself while occupying temporary quarters at a new station from March 1 to May 3, 1977, and one for his family at the old station from May 2 to May 30, 1977. He was authorized 30 days' subsistence while occupying temporary quarters. The employee was away from his new station on temporary duty from May 4 to June 15, 1977. His family remained at the old station, and after their house was sold occupied temporary quarters from May 1, 1977 until mid-June 1977. Regulations provide that the period of use of temporary quarters for which reimbursement claim is made must begin not later than 30 days from the date the employee reported for duty at his new station, or not later than 30 days from the date the family vacates the residence at the old station. GAO gives the employee the option to claim the allowable 30-day period of his choice, but he is limited to one 30-day period. Regarding an employee claim for temporary quarters subsistence expenses (TQSE) for his family while he is away on temporary duty and paid per diem, GAO has held under similar regulations that he may do so, but he cannot receive TQSE for himself for the same days he receives per diem payments. Therefore, receipt of a per diem allowance for temporary duty does not affect his claim for subsistence for his family and does not prevent his claim. It is concluded that the Secret Service should have advised the employee to submit his claim for the period more advantageous to him.

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