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B-204313 1 (1982-03-08)

handle is hein.gao/gaobadkda0001 and id is 1 raw text is: / / 7 flE-CIIODN FILE; B-204313 THE COMPTROLLER GENERAL OF T-pR UNITED BTAThG WA9HINTD N, 0.0, 2054 DATE ; March 8, 1982 MATTER OF: Albertt P. Tsukayama - Waiver of Erroneous Overpayments - Living Quarters Allowance DIGEST; Employee who owned own home was entitled to Living Quarters Allowance for up to 10 years. Due to administra tive o errorMployee continued to receive allowance payments beyond 10-y'ear entitle- ment period 'The debt may not be waived since employee admits knowledge of 10-year entitlement limitation, and made inquiry to responsible official regarding propriety of continuation of payments beyond 10-year period. Eployee's inquiry indicates that he was aware there was some question as to the correctness of the continuation of the allowance, and his failure to finally resolve question evidences partial fault, precluding waiver. This is an appeal of our Claims Group's settlement Z-2786210 dated October 12, 1979, denying a request for waiver, under 5 U.S.C 5584 (1976), of erroneous payments of biving Quarters Allowance. The denial of waiver is sus- talned, since we find that the recipient of the overpay- ments had knowledge of the 10-year limitation period that pertained to the allowance. The recipient had directed an inquiry to a responsible-official regarding the propriety of continuation of the allowance beyond the 10-year limi- tation period. That inquiry indicates that le was aware that the propriety of the continuation of payments was questionable and waiver is not otherwise authorized under such circumstances. Mr. Albert T. Tsukayama, a civilian eohployee, Depart-. ment of the Air Force, Oklinawa, Japan, was authorized to receive a Living Quarters Allowance (LQA) for a privately owned residence under Department of State Standardized Regulations. A new provision, section 136, relating to personally-owned quarters was added to the Standardized Regulations effective October 27, 1974, to clarify LQA eligibility and payments foroccupant-owned housing. The

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