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Judgment No. 219

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

had it been intended that an official ordered to pay a maintenance allowance should be entitled to receive child allowances, special provisions would have been included in the regulations to deal with such cases "either by giving the director-general discretionary power to determine the amount of the allowance in each case on its merits, or by making the amount of the child allowance dependent on the amount of the maintenance allowance; at the very least provision would have been made for the payment of the child allowance to the parent having custody."

Keywords

family allowance; dependent child; parents separated

Consideration 2

Extract:

under the former as well as the present material rules, "a child is the dependant of the person who actually maintains him. in the case at issue the word 'actually', which means 'really', as opposed to 'theoretically', 'apparently' or 'illusorily', is not in question. the parties do not agree, however, as to the interpretation of the word 'maintain'."

Keywords

dependent child; definition

Consideration 2

Extract:

"...the complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted... his claim for the payment of child allowances therefore fails."

Keywords

family allowance; dependent child; parents separated; condition; right

Consideration 2

Extract:

vide judgment 216, consideration 2.

Keywords

allowance; family allowance; dependent child; parents separated; condition; same

Consideration 1

Extract:

vide judgment 216, consideration 1.

Keywords

internal appeals body; competence; tribunal; competence of tribunal; same

Consideration 3

Extract:

the "provision ... is applicable only to a staff member who has dependent children... it follows that the complainant is not entitled to an education allowance since he has no dependent children... the fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."

Keywords

allowance; dependent child; education expenses; condition; right; same

Consideration 2

Extract:

"maintenance, like dependence, can be defined in different ways. while it can be argued that a contribution to maintenance is a form of maintenance, it can also be claimed that only complete maintenance can truly be called maintenance." the meaning of the applicable texts has not been clearly stated in the new staff regulations.

Keywords

interpretation; dependant; dependent child; parents separated; criteria



 
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