'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-RDP84-00709R000400070211-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 211
• Publication Date: April 20, 1948
• Content Type: MEMO

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OGC Has Reviewed
C 1.)
Assistant Cenel,al Coqnsel
"Dependent" or "Dependency Status" fPom the Stanepoint
of quarters and Cost of Living Allowance
29 April 1948
1. Tht question has bsen inforilml3y-oresented to ?
vhtit constittes "pendent" or "dependency status" from
the standpoint of Quarters and Cost of Living Allowance.
It is the rpore of this menomndum:
n, lb di!lcuss the foregoing bv referring initially
to soqrcos in w,%ich thee terms, or their equivalents,
are used. (Paratraphn 2.(a) and 2.(b), are noted beloW
merply becaase rf certnin siriflaritiOs in language to
.uarterr an6 Cost of Livinr, Regulations.)
b. To determine the subjects included.
To refer to interpretive precedent where avail-,
c.
able.
2. heference is ,,nde to the following sources:
a ? (1) Public Law 600, 79th Congress, provides in
part a:s followst
"(a) Under such regulations as the. Presi-
dent may prescribe . . . ithe expenses of
travel of himself and the expenses of trans-
portatf_on of his immediate family . . . .?
(2) Purnuent to the authority vested in the
Pre!Adent, Eruprilernental regulation, in the form of
xerlitive Creler 9605, was Issued which defined
"1--wliate family" as folluwss
"d. "Izmedjattiomtle means any of the
foil owing-mmed members of the employee/ 5 house-
hold s
a. Spouse.
Children (including stepchildren and
adopted children), unmarried and under twenty-
one years of are.
ja. Children physically or montAlly in-
capuble of supporting themselves.
A, Dependent parents of the employee
(tnt not of the loCINS.
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b. Pursuant to Title IX of_the Foreign gerviee
Act of 1946, the SPcretary of State prescribed Travel.
Regulations, Sec. 103.605,which defined family as follows:
"(b)"Family7 ibeans any of the following named
members of the household of the officer or employees
(1) Wife.
(2) Children (including stepchildren and
adopted children) unmarritird and under twenty-
one years of age, or physiCally or mentally
incapable of supporting themselves,:tegardless
of age,
(3) Dependent parenps (including step-
parents and adoptive parents) of theofficer
or em31oyee (but not of the spouse).
(4) Husband who is physically or mentally
incapable of supporting hpeself. ?
c. Pursuant to the Act of Anse 26, 1930 (46 Stat.
818), IFh!ch authorised regulations iror governing allowance
tor lIvinr quarters in the absence a officers or employees
beinr f,Irnished quarters, Circular No. 110439 Revised, was
issled, Oefiririi fw-lily as followst
"(d) "Family" means the mother, rather,
children, Stepchildren, or sister of a married
or unmarried employee living with the employee
at the foreign post."
Circular No. A-8 provides further that one of the bases
for erEntine a quarters allowance phial be the family
stetur ts defined above. Appendix II thereto gives
administratIve implementation to the foregoing by pre-
scriThinF: maximum allowance for rent, heat, fuel., and
light on the basis of married, or unmarried with family,
and single withraAt family scale. lEt is to be noted that.
the nnly claase of limitation in this regard is utlimm
d, The Secretary of State has adopted Bureau of the
Budget Circrliar A.8, Revised, Part A, as a standard for
granting quarters allowance, except as supplemented or.
modifled by the Department of State Foreign Service
1llv77nce RegIlletions, In this regard, it is to be
noted that the litter Regulations, Section 108, paragraph
220, defines family as follows;
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(1) ";ife.
(2) In cse of an officer who has no wife
residinr with him nt the post-4111.s mother-or.*Isterr
or dalwhter, regardless of agilt or dependency, who '
slots as tLis hostess.
(3) A child or stepcb114 or adopted child-
who Is under twenty-one" ;
(4) A child or stepthila or adopted child
rho is frrer tw.enty-one, but Oentally or physically
ineanable of self-support. L
(5) A parent (including a stepparent or
odoptive parent) who Is prindiWly dependent upon
thr offer or employee for ohpport.
(6) L sister or brother: who is principallY
dependent upon the officer er employee for support,
anti 'rho is under twenty-one Years of Age.
(7) A sister or brother who is principally
dr,pen(le!:t upon the officer 0* omployes for sport
end lz cver trenty-one bnt Oysically or mentally
lnrbpsble of se1f-support.
(6) The husband who isA)hysically or mentally
incapable of self-support+
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In ttis regard, it is to be noted that though the defini-
tion -f "family" under the DepartMent of state FOregn
Serrftcc Allovance P.eulations is More extended, the con.
cep: of ?dependency" is an expresised condition in certain
inzttncer. Circular to...8 does not qualify the relationship.
c. Pursuant tc &action. 2047of the Act of July 30,
1947. (Fablie Law 249, S0th Concress), the benefits of
&e.:!tir 901 (2)(1) of the ForelgO, Service Act' were extended
to e7ployees of nll other departnients. Since this ws
aee,x7dished by Revision of CircUlar A-9, the.extention
of the term "dgP044pn1". as usedjnAppenlix-IIII-Schedules
N0. 1 and 2, thereof, .41.M havermLgrenter extenslon'th&n7.
the term "family" as defined in Circular A.43 proper.
f. Pursuant to the Foreign Service Act of 1946, ,?
Sectlon q01 (2)(1), the 5ecretarli of State prescribed
certain post allowances for emp16yeas living at foreign
posts, the mount of the allowande being based, on the
cInsFlfleation of the post, basie_salary, and family
strAAs. Paragraph (d),hdreof, imdleaten, what cOniZtitutos.
a fsily frwr, the standpoint of the Foreign Service AlloW%;.
snco 7or7u1n4f.lons.
It is to be noted In this regard that the pre-'
scribed form for granting cost or. living allowance-
rornize t'qe difference between, Personnel with dependents
an6 personnel without depandentt. "Dependenteas used,
hols:fver, caa have no greater extension thnn tilie; term
as defined in the oforillqaid Regulations* -
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3- From the forep:o1r47, It is clecr that in certain .
instah, the mere existence or a stated relationship will
it tlctffiecr e-13loy,l!e to .trov?ol or allowance bene-
fits; whereas, in ther instamces, the Otntus of dependency
r.%Ist be anecensary accompanittlent of n Otated relaecnship.
flTtecNtive Creel' 9E05 speakr of "dependent parents or the :
employee", ;Tan ieptrtllent of ,";;tate Travol feruletions speak
in part of ''OepenCent parents/ (including those not of the
blood), at "dependent Ins:band" (due to. mental or physical ,
dis0:ril1ty). In ?olntion to nuarters,Tircular A-43, Revised,
mOces ne mnt,lon o!: the termdcpendent"-bnt Uses 'the term
"livinp with the employee atthe:Toreigh 'post",:and.cDepart.,..
ment of trt,i, rcprel7n Service Allowance-lielaticna'define
117nily" I?cc-gn'tzing relationshlp plus 4ependenciV in several
eatetorlos? and, n:7)parently,,in part, construing the phrase,,
"11.71nr, -101 Vila e-:.ployee at the fOreiSn_poSt", SynonymOusly
with depemloncy. Jr reltion to post allowance, the comments
rlth rospRet to lvtarters are applicable. It is Clear
fro th bc,ve that the basic concept Lfl8 been laid down by.
an.0 that the adldnistrative implementation has been
left to tleV.7natee, autherlties, whose 4Iofinitions or admini-
stration of terms are not always unIfori or coext4nsive.
4.. In ,assinr? it is noted that the basic statues have
reforrei to the tem "family" and left. the Administrative
implerrentation to designated authorities. In the.past when
Collgres. efined the term "depeneent" to include parent,
mother, or father, the Comptroller Gemmel has consistently
held tht had C7c7nreas intended more; i.e., other than natural
parent:r, lt woulc . have expressly so provided. This principle
of intrprcttion shcrild likewise be followed in the inter-
pretntion of :0:17111,n1stration repAletions unless otherwise clari-
fied.
5. It has 1.*en held in estab14hing the dependency of
s -lInthsr than in, any case where the income and the value of
other el.imantn 4,1,rtrr:Ing into the cost of living-expenseS
regulaz'ly receiw by the mother from other sources is rreater
than the value oV the contributions received from the officer,
the T,nther is not ricndent upon thn officer for her chief
support. (2 C.G.,41) In a similar came, 20 C.G. 400, the
Comptrcrler Grneral had occasion to comnent upon the tern
"dependent". Involved was action 4 of the Jct, 37 UA 8;
defininr, dependent as follows:
10.1 term "depcn!lent" as used in the slicceedirg
scrtions of' 1-t.r Act shall inclqde.at all times and in,all
PlAees a Iawf,A1 wife and unmarried children Under twentr-
on,T yer,trs cfap,. It shall also include the mother of the
()Meer prcv16ed she is in fact .dependent on him for her
chirAf support.'
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"In Pierer v. '2.S.2 69 Cl. Ch 632, it was said
at -page 6372 rifter quoting Section 4 of the Acts
"kr rr)s nrilrl by this court in Freeland v.
Unftee LAI4tes2 69 C. Cla. 3642
'It Is difficult to standardite the. fitets
rhith disclose a condition designated in the
law as "chief support'*.".
Each case must stand upon its own parti-
cAler feet. Nr1 herd end fast rale. can be
laie down nrbitrarily fixing the value of
property owned, or theramount of income received
by E !noOler2 as entirely determinative or the
mieltion of hether she is epenlept within the
Aecning or the statute.
Te think the words r,01-9....$qpporr used in
the statqte'zihould be riven -their ordinary and
well-known neaning, "Chief" support :means Pmain."
support or "principal support. We think a..
mother is dependent for her "thietsuppOrt":_ir-:
somo one else is rectuired-to,furnish:1004.0r
the greater part, of necessarY-:"for ?
her reasonable support.' '''
The close corresponOence between the phraseelogY of
rT-aoteej e!ecision crrl certrAn lanraage in the Foreign rvice
illorance r'.77-11ations of the Department of Vtate iv to be noted.
It is bssic to a oonsic,eration of this matter, that the certi-
,1nr officer r-last have supporting evidence sufficient to esta-
Iis th- Itr7s of ,].epen'.7,ency from a factual standpoint.
, hnv 11:!n illurtrated2 the Department of state hs
np7.Rren lyte t7,7_ extension of the term "family" with
rel:pect to c'llarters an a3lowEnce by introducing the element
or "elepene%cy" in ccrt:An ategories. On the other hand,
nder Cre-11%r lo-81 the lahc.ua;re of which at least is followed
1.rL ;..f7eTly :,..t7.71ct!'..ons2 the stated relationship, plus actual
rwlidecc the c-ployeo at the foreign post, with nothing
re, irilff'ielent to rive rico to application for the benefits
of quertf ,,...11owance, though the recipients of the cost of
1vinIllotrIce are s7,,osedly limited administratively by
the, atplatIon of -oheules 1 and 22 Appendix In, Circular
c '
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se
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ri!
sa
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itn rpe-t-Tttr ort of livincallowencephoseverth 2
crntinr f the benPf1t17 reslita fro the application. or
scho,11ules `;.tir!":. r.rfr2 taaell on nwith depenOents" or ,nwithoqt
en4lent:47.".1tI revpeet tr) (porters allowances* however,
thoTc, lr nf,) ;!;eT,i1rition,aither lb the scales. or in' -
the rcllelatil?Int, ;there relations'lip and residence alone woulci
ti fjyt.7, r.*e te? tte benefits. ?
It rAyi or eontieeration in'the adriiniotration
o!' the Pbove ttl t.!Y' orloyee be repArsd to establish a pra.
et!nr !Non.; "1-11fiiyrclationshipt ns Oefincd* prior .to
dlt.71 or it other vi,,rda-the
onployee et the foroigh post', should
bp ("ontInlntion or n prior eependent faully relationship' ?
;1tW not ,!4 ra7lly accumulated for the purpose of
!,tattery or rerulrltory benefits. It la recognized
eirettincer,v nrIne rent..11rIng an individuol?to.406.3M40
t'sw It.einv 171' the fliy fro,11 ncetmity. hzS4 ro..exeluded
rrcr- rontl.deratior,
6, The viiji15tv or ndministrative precedent and
.1rct t c r3e7rerent 2roeedures S. sonewhisit..littAteds
411 ar!, mICW'icatin%s oter.than those eisru,Fsod above .maYexict..
7, The T)e:Irirtnent of Ltate application form? for allowance
rf (71:7,1mUrs tn of livitg requires that the eioployee or
ent.thr oreto ineleato the peroentare of depen4ercy
fIrten.rlent Thit in partieularly in-line with
tcrm r.f7y"' 6prined in Foreign LOrvice A11ow/7=0
,er-.21ationr. sttlnItrativo. Implementatien of...rcalar
reollircs percentege breakdown,. In both Cases',
?Nr!7etinn other than a reneral ccrtiftcate by.
thr oy refred. In instances wIltere tho appropriate
rrricial ft conrrrnted with a questionzbie enset
a oereortt kdown, or it is gonernlly determined that
r!ictual uttt t.cr 1 i!evired, it may he desirable to
the #;:l.cyr!e to, filn .tfrldavit .1th thn application
7:111eh affidvit =:rleht carry the following sug-
t?td
ThAt the r:73e,,J)er of theiTeml/y"
t.
with t.t.;F, 07,nloyee or offir,er not for the purpose-or ..
recalvinr any personal or pecuniary advantage, either
in thc, inerese.Ir liowances*. or othervise,
b. That the relationship betNeen employee or.
offloor arV7 71ember of his -"fally" Is'. a enatimatien ?
or r; rr.!rr existinF depenclent family Zelationstlip,,and
not rm re-7';ired fhrAly for the plrposia Of N!lint eligible
for F:11pr,7.,nee
4at.
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MBA
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rt71? . solrce t t711,o;rnee benefit fron
ftfl.Y$44,15"1, derlve frfyr4 f7ovornront end 711. reirn-
rr r.r:.eroiT)ment therir,for, dirfactly or 1nO1rect17,-
in nny -:nner or for whatever.
d. net income from a/3 assists of
norin per7,onnl, tcnrltle and inte;nglIA0.
C. . Oepenent frm all other sources,
rcntrfAtIons fro Ttl-iber,$)f fmmily for one,
yes? arfidn7it.
f.tr onthly Ilvinr qtxpen7o & acpendent
yerc
fr. cnntribqtions, monoy or otherwise, or theme.
rclr'Int from officer Or e7ipIoY09
crt 17'?
h. (ther nnter:10 fncts temlin.p: to pstablish
A
Thf-cvelocnts are sIggestives) of ccorset nnd
-111)Wlyc nA others Woe!. This ciffice
yo l in Oeveloping alAch flocaments
eorA:1Lriscesrrytr volce 7ertinent infortion.
Counseizialtuna
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