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Family allowance (334, 335, 336, 337, 338, 339, 340, 341,-666)
You searched for:
Keywords: Family allowance
Total judgments found: 30
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Judgment 927
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Before the complainant's divorce during a period of trial separation, the organization discontinued payment of her family allowance and lowered the rate of her non-resident allowance. The Tribunal holds that "the temporary separation of the spouses prior to the decree of divorce, though authorised by a court order, was neither a 'legal' separation nor a 'similar legal situation' within the meaning of R IV 1.13 [of the Staff Rules and Regulations]. The trial separation is a preliminary to divorce required by law. It is limited in time and revocable. It has no effect on the marital status of the spouses, who may use it as they will. It is not in the same category as legal separation, which is a permanent solution." Since the organization made a mistake of law, the Director-General's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE R IV 1.13 OF CERN STAFF RULES
Keywords:
allowance; consequence; domestic law; family allowance; flaw; interpretation; marital status; non-resident allowance;
Judgment 793
60th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The FAO's Regulations and Rules do not entitle an official to payment of a secondary dependency allowance for his stepfather.
Keywords:
dependant; family allowance; family relationship;
Judgment 743
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In the event of divorce the duty to maintain and bring up the child falls mainly on the parent who is granted custody, the other having only a right of supervision and a duty to make some financial contribution. Thus the spouse who is granted custody should ordinarily be deemed to bear actual and lasting responsibility for the child and should be entitled to payment of the child allowance."
Keywords:
definition; dependent child; education expenses; family allowance; parents separated;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will [...] observe that the principle of equality is applicable only between officials in the same circumstances". In the instant case an official in the professional category wished to benefit from provisions concerning the grant of a family allowance applicable only to the general service category.
Keywords:
allowance; equal treatment; family allowance; general service category; professional category; salary;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Family allowances are intended to provide additional remuneration over and above the official's salary for reasons of family situation during the time of his employment.
Keywords:
family allowance; purpose;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. The right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. But this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."
Keywords:
acquired right; allowance; family allowance; reckoning; salary;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For reasons of a personal nature, the complainant waited six years before informing the organisation of the birth of an illegitimate child. He claimed retroactive payment of allowances from the date of the birth. The Tribunal finds that he has lost his right to retroactive payment, since he did not act within a reasonable period of time. To claim a lump-sum payment, after waiting several years, is to disregard the purpose of the provisions on family allowance.
Keywords:
dependent child; family allowance; non-retroactivity; purpose; reasonable time; request by a party; time limit;
Consideration 3
Extract:
"It is immaterial that according to [the relevant provision] an official may not waive his right to remuneration. [...] It is through his own delay that he may lose his right to family allowance, and not because of any express or implied waiver on his part."
Keywords:
dependent child; family allowance; reasonable time; request by a party; time bar; time limit;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Had it been intended that an official ordered to pay a maintenance allowance should be entitled to receive child allowances, special provisions would have been included in the regulations to deal with such cases "either by giving the Director-General discretionary power to determine the amount of the allowance in each case on its merits, or by making the amount of the child allowance dependent on the amount of the maintenance allowance; at the very least provision would have been made for the payment of the child allowance to the parent having custody."
Keywords:
dependent child; family allowance; parents separated;
Consideration 2
Extract:
"[T]he complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted [...] His claim for the payment of child allowances therefore fails."
Keywords:
condition; dependent child; family allowance; parents separated; right;
Consideration 2
Extract:
Vide Judgment 216, consideration 2.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
dependent child; family allowance; parents separated;
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
condition; dependent child; family allowance; parents separated; right;
Consideration 2
Extract:
The complainant recognises "that he is not entitled to an allowance as head of the family on account of the payments he makes on behalf of the children of his first marriage, who are in their mother's custody. It follows that he cannot claim the child allowance either, since the grant of both allowances depends on the fulfillment of the same condition."
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".
Keywords:
acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
Consideration 14
Extract:
The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."
Keywords:
abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
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