"DEPENDENT" OR "DEPENDENCY STATUS" FROM THE STANDPOINT OF QUARTERS AND COST OF LIVING ALLOWANCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400130112-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 20, 2016
• Document Release Date: August 23, 2001
• Sequence Number: 112
• Publication Date: April 20, 1948
• Content Type: MEMO

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OGC I-las Reviewed
CSPD 20 April 1.xe
Assistant GrlerFl CounEel
"Dependent" or "DependencyStatus"
of Qeerters ard Cost of Living All
1, The
what constitute
the standpoint o
It is the purpose of
rom the Stande int
ance
nhns been informally presented as to
ependent" or "dependency status" r:orc
rters and Cost of Living kllowence.
this eeeeseendums
a. To discuss the "oregoing by referring it1si1y
to sources in which these terms, or their equivalents,
are used. (Paragraphs 2.(a) and 2.(b) are noted below
merely because of certain similarities in langaav; to
-uarters an Cost of Living Regulations.)
able.
b. To determine the subjects included.
c. To refer te Interpretive precedent where eve,
2. Reference is eede to the following
s
a (1) Public Law 600 79th ,neress -fdes
part as follows
"(a) Under such reeulations as the resi-
dent may prescribe . . . the expenses of
trnvel of himself and the expenses of t7e.ns
portation of his immediate faelly . . . ."
(2) Pursuant to the authority vested le the
President, supplevental regulation, in the ferm ef
executive Crew. 9805, was issued wWch defined
"imeedlete family" as follows:
4. "Immediate family" means
followin
holds
named members of the eepl
or the
's houee,
Spouse,I. Children (including stepchildren and
adopted children), unmarried end under twenty-
one years of age.
jt. Children physically or mentelly in
capable of supporting themselves.
Depeneent parents of the employ v.
(tut not of the spouse)."
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b. Pursuant. to. Title 1 of the Foreign Servic
Act of 1946, the Secretary of State prescribed Travel,
Befalstioos, ee. 1P3.605' which defined, family as follows!
"(b)"Familyi means any of the following named
members of the hoasehold of the officer or employees
(1) C.f..
(2) Children (incIadinf stepohiliren and
adopted children) unmarried and ander twenty-
one years of are, or physically or mentally
incapable of supporting themselves, regarelJoss
of age,
(3) Dependent parents (inclading steP-
parents and adoptive parents) of the officer
or employee (but not of the sponse).
(4) Itasbend who is physically or 7.7.1votally
incapable of supporting himself.
c. Parsaant to the 1,ct of Jane 26, 1130 (46 ::ttit-t?
818)1 which, authorized. rev-lotions for governing allowance
for lying quarters in the absence of officers or employees
being famished paarters, Ctrealar No. Revised, as
issued, defInf,r, fuillly az follows*
"(d)-"Family" means the mother, father,
children, stepchildren., or sister of a married
or unmarried employee living with the employe*
at the fereigo post.K
Circular No. A-8 provides farther that onil of the bases
for granting a quarters. allowance shall be the family
status as defineei shove. Appendix II thereto gives
administrative irplEmentation to the foregoing by pre-
scribing" maximum allowance for rent, heat, fuel, and
light on the basis of married, or unmarried with fsmIly,
and single without family scale. It is to be noted that
the only clause of linitation in this regard is "Ify;pg.
Aith the emnloYle at the 4 40
d. The Secretary of /A-ate has adopted Bureau of thl
liudget Circular A-8, Revived, Part A, as a standar for
granting quarters allowance, except as supplementer" or
modified by the Department of State Foreign Service
Allowance Reralatiors. In this regard, it Is to 41e
noted that the latter Regulations, Section 108, porapTalh
2201 defines family as follows
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(1) wife
(2) In ease of in officer who has no
residing with hie at the post, his mother or sister
or daughter, regardlets of aee or deeenlenc *ho
acts as In hostess.
(3) A nhild or etcpchild or adepted c
who is under twenty-ore.
(4) A child or etepchild or adopted child
who is over tventy-one, but mentally or physitelly
incapable of eelf-support.
(5) A parent (ineluding a stepperent or
adoptive parent) who .s principally dependent
the officer or employee for support.
(6) A sister or brother who is principally
dependent aeon the ofricer or employee- for sueeort,
and who is anfer twenty-one years of see.
(7) A ester or brother Who is principally
dependent upon the of!'ieer or emeloyee for sueeort
and is over twenty-ono but physically or mentelly
incapable of self-sepeort.
(8) The husbend who is physIci or men:Ally
incapable of elf supeort.
In this regare it is to be noted that thourh the ini-
tion of "family ander the Department of Ltete oret n
Service Allownnee Perulations is more extrded, the on-
cept of "dependency" is an expressed confltion in ertain
instances. Cirellar A.F does not qualify the relee nsetp.
e. Pursuant te action 204 of the Act of July 30,
19471 (Public Law 269 80th Congress), the benefits of
Section 901 (2)(1) of the Toeeign Service *et were extendee
to employees of all other iepartments. Since this ees
acme plished by Fevielon of Circular A-8, the exteesion
of the term "dependent" as used in Apeendtx III, Seeedeles
Wo. I end 2, thereof, can lave no greater extenelon. than
the term "family" is defined in. Circular A.8 peopee.
f. Pursuant to the Foreign Service Act of le46
Section 901 (2)(1), the Seceetery of State prescribed
certain post allowances for employees living at foreign.
posts, the amount of the allowance boine bnsed on thp
classification of the post, basic salary, and family
status. Pavagraph (d),hereef, indicates that constitu
a family from the standpoint of the Forelen Service 411
anee Perulattors.
It iv to be neted in this regard that the pro-
ribed forms for granting cost of living nllowanee
recognize the difference tetween pertonnel with depend_ ete
and personnel withoat deeenfents. "Dependents" as lsed
however, can have no greater extension than the tern
"family" as defined in the vforesaid Regeintionse
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3. From the forefoing, ie Is clear that in certain
instances, the mere extetence stated reletionshi eill
entitle the efricer er eeployee to travel or allowance 'eene-
fits; whereas, In other irstenees, the stntes of dependency
must be a necessary accomparieent of 1 steted relationship.
refeeutive CrCer seeeVe ef "depenlent earenle of the
employee", end Deperteent ef".Atete Travel 7leee:atione seoak
In part of "dependent perente" (including those not of the
blood), and "deperent herband" (due tc mantel or nhysieel
disaMlity). In reletion to eunrters, Circuler A-t, Reelsed,
mikes no meetion ef the term "depeedent" but uses the term
"living with the etployee at the foreien post", and Deperte
ment of Fetat e 7oreige Service A7_1erence eeelations defene
"family" recegnizeing relationsteLp plus dependercer in severa1.
categories? and, leeerently? In pert, construine the phrese,
"living eith the eeploece at the 7!..erelen post", synonymoesly
with dependency. In reletion te post allowance) the cements
made elth respect to vertors are applicable. It is clear
from the above that the bssle ceneept has been laid dowe by
statate, and that the edeleistret7:ve teeleeentation hes leeen
left te desienated nethreities, whose lefinitions or adeini-
stration of terms are not alwayv uniform or coextensive.
4. In passing, it Is noted that the hasie statues have
referred to the term "family" and left the edministretive
impleeentation to designeted authorities. In the at '"en
Congress defined the tern "dependent" to include parent,
mother, or father, the corptrorer leneral has consistently
held that had Congress lntended more; 1.e., other than ettural
parents, it would have expressly so provided. This erineiple
of interpretation shaul6 likewive be followed in the inter-
pretation of administratien relations =lest otherwise clari-
fied.
5. It has been held in establishing the dependency e
a mother than in any ease 'where the income and the velne of
other elements entering leto the cost of livine expenses
regularly received by the mother from other sources is rreater
than the value of the centrIbetions received from the officer,
the mother is not Elreendert upon the officer for her if
support. (2 C.1.41) In a similer case, 20 C.C. 400, the
Comptroller leneral had occasion to comeent upon. the tare
"dependent". Involved was Section 4 of the keel 37 77E(7:: P?
defining dependent as follows:
"That the term "flepeneent" as esed in the suceeeding
sections of this Act shall include at all times and in all
plates a lawful wife and unmarried children under twenty-
one years of age. It when nlso include the mother of the
officer provleed she le in feet denendent on him for her
ehlef support."
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"In Rieger v. J.3., 69 Cl. Ch. 632, it was sale
at. page 6170 Ifter qu.,Ain77 itetion 4 nf the Acts
"As MINI sAV by this court iv, ?re-eland v.
Jnited 6tates, 69 C. CIE. 3641
'It is diffievit to standardise the facts
which disclose a condition designated in the
law as "chief surport"
1.,Isich. else must stand upon It3 orn prti
cular facts. Fo herd and fast rile can ',1!
laid darn arbitrerily fixinf ths value of
property owned, r.:r the amount of incort recevr1,
by a mother, As entirely determinative of the
question of whether she Is ''7epanlint wittn thr
meaning of the statute..
7::e think the words "chief Eipport" used in
the statute should enItheir ordinary- and
well-known 'lesrirg. "Chief" support mears "main'
support or "principal support. 14 think a
mother is dependent for her "chief support" if
some one else is roll-Aired to furlish o3t, or
the greeter part, of the funds necetsrr7 rnr
her reasonable srpport,'
The close- corresponderet between the phraseolTy of
this quoted derision And cerVit language in the Forri7r rvc
Allowance Revlations If the nouarttlent of State is tr rotd.
It is basic to a amsVeration cf this matter, that the certi-
fying officer must hello su?portinr eviflebre tr4ifficiert tc esta-
blish the stmts or 0447)erdny f7.cm a factl.q1 !tendpoll^)-.
As hes been illustrnted the DenRrt7rt of te h?
apperertly liTited the t7terstor of the terr
respect to quarters ;rn,1 -,11.ownete h7 trtrof!-?7c1-7 the c1x,77ent
of "denendency'' ln cortal,n r,,,tetries. Or the .1thrr hIrl
under Circulor A-, trio ltloga7t cf tich et 1.st ir frllower!
in Agency instructions, the statet relattonshir? plur firtual
residence with the e-Aplcyee at tht foreign post, with nc-thing
rorel Is sqf7rioleet to r4.1. rlat to rnplicetlor for th-, 1:-Tmeriti
of quarters ellowerce? tholrh tte rocilentl or thoof
livinf Allowance are erlbosedly adninistrstively by
the application or .ietledules .1e- 21 Anperr?7,7 TII,
A-8
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eith respeet to cost of livine allowance, v*r,
the grentinf of the '-leerflte results from the ern'. n
schedules whit"?' ere based or "with leperdente" or "withoet
dependents". Ilth respeet to gee-eters allone, however,
there Is no snoh ene/Ifieetion, either in the steles or in
the regulations, where relationship and residence nlone eeeld
strewn' to give ripe te the benefits.
It may be for eonnieeratlon in the elninistretien
of the shove that the erp/oeee be reenired to establish n ,)re-
existinf bona fide farily reletionship? RS defined, prior to
embarking for 7-'oreign Service dety, or in other words, the
phrase, "living with the employee it the foreIgh post", ehoeld
be e continuation of e prior dependent family relationship,
as defined, end not a frmily necumeleted for the purpose ef
aeentring statutory or refuletery teneftts. It 11 reeoerleed
that elreumstencer eae ertse reeleirinf nn to :esseme
the reins of the fleetly fro e necessity. Thi!sc, are excI7ezei
from eonsideration.
6. The availability of edelnistrative precedent ard
interpretation under nreeent eroeeenres Is reeeewhet
and quelitirations ethee *:han thtsr dleeursed ftheve nny v.:stet.
7. The Impartment of etate ceplitetion fore for sClowneee
of quarters ane cost of Ilvine reviret that the employee or
officer entitled therote irdleate the pereentere of depere!lency
of each deeenlent claimed. This in eartieu7arly ln line 'i.th
the term "family" at defined in roreign Service Allowance
Regulations. The eemlnirtrative inplementattee Ciren7er
Ae5 requires no seeh lercertafe breakdown. In both ceseel
however, no infermotier other thnn a general certifleate
by
the employee is required. In inatances where the aperope5ate
administrative offielal Is confrented with a euettlonable onset
or a poreertilee breekdewn, or it it forlornly eeterminee 91nt
a factual entstertietien It Oesired, it may be eertrnble to
require the empleyee to file en affidevit with the alelleetier
for allowenees, h1 etfidelelt eleht enrry the followine V:=F-
gestod toeless
a. That the !limber of themfeetly" is residing
with the employee or offieer not for the prose of
receivine any eersone7, or peeunlary adventege, tither
in the vel rt.! 1rereelse Ir: all floes, or otherwise.
b. That the reletionehip between eeployee or
officer ane member of his "faeily" Is n continastion
or a prior existing dependent feelly relationship, and
not an acquired family for ti.e peepose nf beim!, ellrible
for allovence benef5.te.
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c. Tht role source of allowJnee benefit froa
"family status" it derived from lovernment end no relm-
barsement or recoupment therefor, directly or 1n1?Lretftly,,
In any mnnnor nr form whatever.
d. ,,rA 'no and net income froiu. all
dependent, reT,4 ard p,trne:,nel, tangible anti
e. Inctme f dependent from all .c
inc1-141ng contrbton& I'm member fa,r
year precedirr this afidavit.
f. AveraFe rvInUlly living expense of 6eperent
earinp las year.
A'3sets of
intrnz4,11.
ther soureev,
iy re-r r-ne
g.
received by
anownnee.
Contribtions, mcnty or otherwise, or income
de,.7$cmtrent from officer or empllyee clp4171inp
h. Other mItritl facts teleing to tiiUt5"A
status of dcmene4incy.
8. The, nhove r-1ttents are saprestive, of coTIrse, ,4
undoubtedly car "ble xpvit110. in others adlJed. This ntfite
would be pleased tri ?:(sf,:lst yo vt in developing such documents ntt
are considered necesrAry t7,1 evoke lortinent infIrMationt
General. Counsel. : MOS
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