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Dependant (335,-666)

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Keywords: Dependant
Total judgments found: 32

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  • Judgment 952


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    WHO Manual provision II.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. The complainant submits that the amendment infringed an acquired right. The Tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."

    Reference(s)

    Organization rules reference: WHO MANUAL PROVISION II.2.430.2

    Keywords:

    acquired right; adoption; amendment to the rules; dependant; dependent child; family relationship; provision; staff regulations and rules;



  • Judgment 924


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18-19

    Extract:

    The Eurocontrol Health Insurance Scheme in Luxembourg denied the complainant reimbursement of medical expenses incurred in Belgium by his wife who is entitled to so-called "supplementary coverage". The Tribunal holds that "since it has a duty to provide supplementary coverage the organisation was bound, under its own rules, to refund the full cost of Mrs. Boland's treatment in Belgium. The implied final decision must therefore be set aside and the case sent back to Eurocontrol for a new decision on the refund of the costs incurred by Mrs. Boland, with due regard to the freedom of choice guaranteed in Rule No. 10."

    Keywords:

    dependant; freedom to choose practitioner; health insurance; insurance; medical expenses; supplementary coverage;



  • Judgment 904


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "When the complainant was appointed, he was living in England and was paid removal expenses as head of family because at the time he had a dependent daughter. [...] Since the complainant no longer has any dependants and is divorced [...] he is entitled to the cost of removing only 40 cubic meters of personal effects".

    Keywords:

    dependant; removal expenses; separation from service;



  • Judgment 793


    60th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The FAO's Regulations and Rules do not entitle an official to payment of a secondary dependency allowance for his stepfather.

    Keywords:

    dependant; family allowance; family relationship;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant draws an invalidity pension for an illness contracted when on a mission as a consultant. The rules provide for a bigger pension if a dependant's allowance had been payable. "A dependant's allowance would not have been payable to the complainant. His contract did not provide for one in addition to his salary or fee. [A] staff rule [...] excludes from the staff members entitled to a dependant's allowance short-term staff and consultants." The claim for an increase was rightly rejected.

    Keywords:

    allowance; contract; dependant; disability benefit; external collaborator; illness; service-incurred; short-term;



  • Judgment 463


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5-6

    Extract:

    The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.

    Keywords:

    allowance; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;



  • Judgment 422


    45th Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant seeks to have his step-daughter recognised as his dependant on the basis of a statutory provision which stipulates that where both parents are staff members, the children shall be recognised as the dependants of that parent holding the higher level post. Any child who is "de facto fully dependent upon a staff member" may be recognised as dependent. The Director-General believed that so long as the wife was a staff member in receipt of child allowance, the step-child was partly dependent on her. This decision is not tainted by any flaw. The complaint is dismissed.

    Keywords:

    condition; dependant; dependent child;

    Consideration 5

    Extract:

    At issue is whether or not a child was de facto fully dependent on the complainant. Such a matter falls within the discretionary authority of the Director-General, since the answer depends not on the facts simpliciter but on an appreciation of the facts.

    Keywords:

    dependant; dependent child; discretion;



  • Judgment 271


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."

    Keywords:

    amount; condition; dependant; discretion; home leave; limits; rate; refund;



  • Judgment 270


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The provision concerning the reimbursement of travel expenses "is to enable staff members and their family to visit their place of origin from time to time. Hence it does not apply in respect of a wife and children who live in the place of origin."

    Keywords:

    condition; dependant; home leave; purpose; refund; residence; travel expenses;



  • Judgment 264


    35th Session, 1975
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the Railway Corporation. The material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. If the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.

    Keywords:

    amount; dependant; difference; health insurance; illness; insurance; medical expenses; right; supplementary coverage;

    Considerations

    Extract:

    Under the applicable provision "an official's spouse is included among those who may be regarded as a staff member's dependant and as such is covered by sickness insurance. Such an interpretation of [the provision] reflects the actual situation of the spouses, who owe each other a duty of mutual assistance and who, when both are in gainful employment, may be regarded as mutually dependent."

    Keywords:

    definition; dependant; health insurance; illness; insurance;



  • Judgment 219


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    criteria; dependant; dependent child; interpretation; parents separated;



  • Judgment 216


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Vide Judgment 219, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    criteria; dependant; dependent child; interpretation;

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