Warning to Mil Aircrew claiming RLE
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Warning to Mil Aircrew claiming RLE
I am dealing with some infuriating bureaucracy in trying to claim my Refund of Legal Expenses following a recent posting/assignment.
I've opted to let my property near my previous unit and rent near my new unit. As detailed in the JSP, I'm entitled to claim for the costs in drawing up the tenancy agreement for my let property. However, the claimant must have an expectation of being at their new unit for 12 months or more. Fair enough, eh....
When posted to an OCU, your JPA assignment order only 'assigns' you for the duration of your course (most OCUs 3 - 6 months I believe). Despite the fact you'll be on the Sqn normally for a minimum of 3 years thereafter, the JPA Cell at Portsmouth has decided that without an assignment order for a tour of 12 months or more you do not meet the criteria of the 12 month expectation and they will not pay out!!!!!
Surely this applies to all Military Aircrew assigned to an OCU?!?
The allowances chap on my unit, who fortunately is very helpful, has explained to me that in some recent cases even a letter from the Desk Officer did not suffice, so all that's left is to go through the lengthy process of writing a letter to JPACC (Joint Pay/Allowances Casework Centre) explaining why they should bend the rules to consider my application!!!
Has anyone else had this problem recently? Anyone know a better approach? Please PM me if this is the case. This is the last thing I need to be bothering with when up to my eyeballs in SOPs, AMTech, AMFlying, FRCs etc etc etc
Thanks,
Sid.
I've opted to let my property near my previous unit and rent near my new unit. As detailed in the JSP, I'm entitled to claim for the costs in drawing up the tenancy agreement for my let property. However, the claimant must have an expectation of being at their new unit for 12 months or more. Fair enough, eh....
When posted to an OCU, your JPA assignment order only 'assigns' you for the duration of your course (most OCUs 3 - 6 months I believe). Despite the fact you'll be on the Sqn normally for a minimum of 3 years thereafter, the JPA Cell at Portsmouth has decided that without an assignment order for a tour of 12 months or more you do not meet the criteria of the 12 month expectation and they will not pay out!!!!!
Surely this applies to all Military Aircrew assigned to an OCU?!?
The allowances chap on my unit, who fortunately is very helpful, has explained to me that in some recent cases even a letter from the Desk Officer did not suffice, so all that's left is to go through the lengthy process of writing a letter to JPACC (Joint Pay/Allowances Casework Centre) explaining why they should bend the rules to consider my application!!!
Has anyone else had this problem recently? Anyone know a better approach? Please PM me if this is the case. This is the last thing I need to be bothering with when up to my eyeballs in SOPs, AMTech, AMFlying, FRCs etc etc etc
Thanks,
Sid.
Obviously my view from personal experience, and all pre transition to JPA/ACOS Manning ....
Option A - If you are posted to the OCU as an instructor then you should be posted in for an entire tour.
Option B - If you are an ab-initio (ie doing the long course / conversion to type) then, even if the OCU is co-located (you don't give the info) with the only front line sqns of that ac type there is no guarantee you will pass, hence you are likely only to get a posting notice for the length of your course.
Option C - If you are a refresher then you should already (hopefully) know the sqn you are going on to - if that is the case speak to your new boss and see if he would be happy to have you posted in to his strength and then detached to do the OCU. The downside is the sqn pick up your T&S.
Obviously this depends on any jobsworths in your way. If you are option A or C then you should have a chance. Option B I suspect is a non-starter. Move into the mess until you pass!
Option A - If you are posted to the OCU as an instructor then you should be posted in for an entire tour.
Option B - If you are an ab-initio (ie doing the long course / conversion to type) then, even if the OCU is co-located (you don't give the info) with the only front line sqns of that ac type there is no guarantee you will pass, hence you are likely only to get a posting notice for the length of your course.
Option C - If you are a refresher then you should already (hopefully) know the sqn you are going on to - if that is the case speak to your new boss and see if he would be happy to have you posted in to his strength and then detached to do the OCU. The downside is the sqn pick up your T&S.
Obviously this depends on any jobsworths in your way. If you are option A or C then you should have a chance. Option B I suspect is a non-starter. Move into the mess until you pass!
Fek me SARBloke. How many OCUs (not basic trg / phase 2 trg etc) last longer than 6 months? And if they do, again, a letter through the chain of command will place a marker that will over ride the 6 month limit. Hell, I got a 3 year extension on what used to be known as a Home Owners Certificate because I was posted to London and couldn't buy a house of equal size to that I was selling in Norfolk. One letter, about 15 mins of my time. Not difficult.
Note to self. Don't offer advice. For some there glass is always half empty
Note to self. Don't offer advice. For some there glass is always half empty
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Sid,
You are in the same position as I was last year after a posting (sorry - assignment!) from Lincs to Wilts. Despite a supported claim from my previous unit, JPAC rejected it citing the same JSP. The OCU was days short of the required 6 months. After many calls and letters to JPAC, the money was eventually paid 'as a gesture of good will'. However, they refused to pay any interest. Apparently I should have moved into the Mess (leaving my wife and new baby back in Lincs) for the duration of the OCU and then claimed. This would obviously have costed the tax payer significantly more money AND greatly inconvenienced my family AND blocked a place in the Mess for 6 months. It was my 3rd return to the OCU (chopping very unlikely) and the OCU was on the same Sqn I was being posted to. The only way to avoid the huge admin faff is to get an extented assignment notice from your desk officer. Failing this, the wording of the JSP is not specific and contains wording that is open to interpretation. PM me if you like any more detail on how I worded my appeal.
You are in the same position as I was last year after a posting (sorry - assignment!) from Lincs to Wilts. Despite a supported claim from my previous unit, JPAC rejected it citing the same JSP. The OCU was days short of the required 6 months. After many calls and letters to JPAC, the money was eventually paid 'as a gesture of good will'. However, they refused to pay any interest. Apparently I should have moved into the Mess (leaving my wife and new baby back in Lincs) for the duration of the OCU and then claimed. This would obviously have costed the tax payer significantly more money AND greatly inconvenienced my family AND blocked a place in the Mess for 6 months. It was my 3rd return to the OCU (chopping very unlikely) and the OCU was on the same Sqn I was being posted to. The only way to avoid the huge admin faff is to get an extented assignment notice from your desk officer. Failing this, the wording of the JSP is not specific and contains wording that is open to interpretation. PM me if you like any more detail on how I worded my appeal.
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Recent evidence suggests that Sid is not alone now that RLE claims are authorised centrally and there is no scope for discretion to be used by unit allowances staffs.
Another example that some people have fallen foul of is that you must (according to the JSP) be posted at least 50 miles away from your home in order to claim legal fees on sale/purchase of a property. JPAC(Centurion) are using the National Breakdown website to check mileages and have reputedly rejected a claim for someone who was posted 49.8 miles away from his home.
The only thing to do is to jump through the hoops of staffing casework through your Unit HR to JPAC PACC, which I feel sure will be supported. If enough similar cases are presented they will have the grounds to recommend a policy change.
Another example that some people have fallen foul of is that you must (according to the JSP) be posted at least 50 miles away from your home in order to claim legal fees on sale/purchase of a property. JPAC(Centurion) are using the National Breakdown website to check mileages and have reputedly rejected a claim for someone who was posted 49.8 miles away from his home.
The only thing to do is to jump through the hoops of staffing casework through your Unit HR to JPAC PACC, which I feel sure will be supported. If enough similar cases are presented they will have the grounds to recommend a policy change.
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The answer is relatively simple - ask your DO to assign you to a sqn from completion of your OCU - a future assignment. There is another method of reclaiming the money (can't remember what it is called) which you can do before you get the year's posting.
The bureaucracy is hard work to fight through - I tried and failed!
Duncs
The bureaucracy is hard work to fight through - I tried and failed!
Duncs
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Thanks for the replies and PMs. I've fired a few PMs back.
I've got the paperwork to appeal which is being supported by my unit. Their view is that the RN staff dealing with these applications have little understanding of how things work in the other services.
Cheers,
Sid.
I've got the paperwork to appeal which is being supported by my unit. Their view is that the RN staff dealing with these applications have little understanding of how things work in the other services.
Cheers,
Sid.
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Redress
The only option you should consider if you are being messed around, your time is being wasted and your attention being diverted from your job is to seek redress of complaint. It is for your chain of command to satisfy your reasonable claim to what you believe is rightfully yours. I did it - and AMP reasoned my claim was valid and just - I was paid RLF despite many experts within the system stating policy and rules as to why I could not be paid. State your arguement logically, reasonably and factually. Witness it against what you and your peers believe the intent of the allowance is designed to meet and stand your ground. My case was before JPA etc but the redress system should not be affected by such a change and your case may set policy for others in your position for the future. Best of Luck - such a move can be a stressful time but it is worth it to ensure you get what your Service owes you.
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Surely it's common knowledge that all service people get free food, beer and housing....so why do you need to buy a house?
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Klingon, the redress system itself changed quite radically recently. More importantly, while other avenues are still open to Sid he should explore them. Formal complaints should be the last resort (excepting legal action).
Sid, write the letter to JPAC PACC through your OC PSF and I feel sure you will get the answer you seek with little further delay. Then, when you have won your case, speak to your Chf Clk/WO PSF about the interest payments you have not accrued while you waited for your case to be settled.
This nut will be cracked sooner if you don't use a sledgehammer.
Sid, write the letter to JPAC PACC through your OC PSF and I feel sure you will get the answer you seek with little further delay. Then, when you have won your case, speak to your Chf Clk/WO PSF about the interest payments you have not accrued while you waited for your case to be settled.
This nut will be cracked sooner if you don't use a sledgehammer.
