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[Request for Advance Decision Concerning Proper Quarters and Housing Allowance]

B-214017 Feb 23, 1984
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Highlights

Pursuant to an Army request for an advance decision, GAO reviewed an officer's claim for basic allowance for quarters or variable housing allowance at the with-dependents rates during the probationary period of an adoption process. The officer claimed entitlement to these benefits for the period between the filing of her petition for adoption and the issuance of the final order. GAO stated that the question of whether a child may be considered a dependent is determined by the applicable State laws having jurisdiction over the adoption proceedings. In this case, the State law only recognized the legality of the adoption when the final order was entered. Therefore, during the probationary period the claimant's child was not considered a dependent within the meaning of the statute authorizing the entitlement. Accordingly, the officer's claim for these allowances was denied.

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