Judgment No. 1073
THE COMPLAINT IS DISMISSED.
The complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in Provisional Staff Rule 5.03.2(d) as it read at the material time. Loss of the entitlement brought the complainant's combined family income below the maximum limit. As from 1 January 1990 the Agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. Inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.
Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)
non-retroactivity; practice; staff regulations and rules; amendment to the rules; salary; allowance; dependant; condition