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B-196727 1 (1980-05-20)

handle is hein.gao/gaobadigu0001 and id is 1 raw text is: 





   DECISI





   FILE: B-1

   MATTER


   DIGEST:































     This ac
decision fro
Office, Japa
children of
dependents f
ance purpose
assignment i
No. 79-35 by
Allowance Co


9 N





96727


  STHE  CDMIMTFIOLLER  GENERAL
*  ~~OF THE  UNITED STATES
   WAS  H ING TON,  0. C. 2054 8




         DATE:May 20, 1980


)F: Captain Rodney H. Bowman


1.  A service member has two stepchildren
    who are authorized concurrent travel
    and accompany him on his permanent
    change-of-station assignment, and he
    claims.5ntitlement to reimbursement
    for ceost-o-th-e  transportation and
    A temporary lodging allowance.  Pursuant
    to service regulations authorized by
    37 U.S.C. 401, 405 and 406,-in order for
    stepchildren to qualify as his in fact
    dependents, he must show substantial
    support which is defined as being not
    less than 30 percent of the total cost
    of support, regardless of value of items
    which make up that total so long as they
    are reasonable.

2.  Support payments received by a stepchild
    from its natural parent are considered
    as income for the purpose of establishing
    dependency for travel and transportation
    allowance entitlements of a stepparent
    member claimed on the stepchild's behalf.
    Thus, the support payments are appropriate
    offsets from the total support costs
    incurred for the purpose of determining
    whether the stepparent member has satis-
    fied the substantial support requirement
    of the regulations, regardless of whether
    such income is actually expended for that
    purpose.  See cases cited.

tion is in response to a request for advance
m the United States Army Finance and Accounting
n, on the question as to whether the step-
Captain Rodney H. Bowman, USA, qualify as his
or transportation and temporary lodging allow-
s incident to his permanent change-of-station
n 1979.  This matter has been assigned Control
the  Per Diem, Travel and Transportation
mmittee.


        6!5;22' \\Z 7eVA


4

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