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12 views9 pages

AI 2016 - 8 (Dependency Status and Dependency Benefits) - 9

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zoofishan
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United Nations ST/AI/2016/8*

Secretariat
28 December 2016

Administrative instruction
Dependency status and dependency benefits

The Under-Secretary-General for Management, pursuant to section 4.2 of


Secretary-General’s bulletin ST/SGB/2009/4, and for the purpose of implementing
staff regulations 3.3 (b) (i) and 3.4 and staff rule 3.6, hereby promulgates the
following:

Section 1
General provisions
Dependency status
1.1 Dependency status shall be recognized in accordance with the provisions of
staff rule 3.6 which define dependency for the purposes of the Staff Regulations and
the Staff Rules, and in accordance with the provisions of the present instruction.
1.2 Dependency status may be recognized in respect of:
(a) A dependent spouse as defined in section 2.1;
(b) A dependent child or children, as defined in sections 3.1 and 3.2, and in
section 5.1 for a child with a disability;
(c) A secondary dependant, as defined in section 6.1.

Dependency benefits
1.3 The present instruction also defines the conditions under which “dependency
benefits”, which shall include dependency allowances under staff regulation 3.4 and
staff rule 3.6, may be paid in respect of recognized dependants.

Eligibility for dependency benefits


1.4 Staff members serving under the Staff Regulations and Staff Rules of the
United Nations are eligible for dependency benefits, subject to conditions as
detailed below.

* Reissued for technical reasons on 19 January 2017.

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Entitlement to dependency benefits


1.5 Eligible staff members shall be entitled to receive dependency benefits for
those family members whose dependency status has been recognized, provided the
conditions of the present instruction are met.
1.6 When a staff member is married to, or has a child or children with, another
staff member or a staff member of another organization of the United Nations
common system, only one may claim dependency benefits for dependent children
emanating from that relationship. The recipient of dependency benefits shall be the
spouse having the higher salary level, unless the contract type is temporary. Either
or both spouses may claim for a secondary dependant as defined in section 6.1.
1.7 When a staff member is divorced or legally separated from another staff
member, the determination of who will receive the dependency benefit for the
child(ren) will be based on which of the staff members has legal custody of the
child(ren). In the case of shared legal custody, section 1.6 shall apply.

Submissions of applications for dependency benefits


1.8 Applications for dependency benefits shall be supported by evidence
satisfactory to the Secretary-General. Subsequently, certification of personal status,
within the meaning of ST/SGB/2004/13/Rev.1, for dependency benefits shall be
made on a yearly basis in accordance with the procedures set out in the relevant
information circulars issued periodically by the Assistant Secretary-General for
Human Resources Management, or as may be adjusted locally at duty stations
outside New York.
1.9 Staff members must retain all required original documentation in support of an
entitlement to dependency benefits for a period of five years.

Obligation to report changes


1.10 Staff members shall be responsible for reporting any change in the status of a
dependant that may affect the payment of the respective dependency benefits.
1.11 Staff members shall immediately notify the human resources partner
responsible for administering their entitlements in writing of any changes in the
following factors that formed the basis for the eligibility of existing dependency
benefits, namely:
(a) Their marital or personal status, including conditions related to
recognition as a single parent;
(b) The status of their dependants, including all annual gross earnings,
school attendance and marital status of their dependants, as applicable.

Self-certification
1.12 The primary responsibility for self-certification rests with the staff member and
not with the Organization. Through the self-certification process, the staff member
shall attest to understanding and meeting the requisite eligibility criteria. The staff
member shall also attest to the correctness of the information provided in his or her

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application for dependency benefits. Staff members are expected to understand the
consequences of submitting unsubstantiated, incomplete or false information.

Monitoring and compliance


1.13 The offices responsible for administering staff members’ entitlements 1 will be
responsible for conducting periodic monitoring and compliance exercises to verify,
to the extent possible, the accuracy of the data and information provided by the staff
member on his or her application for a dependency benefit. As part of the
monitoring process, the Organization may review the requested documentation and
verify the information in the application in any other relevant way, which may
include contacting other individuals.
1.14 In addition to self-certification, the staff member may be required to support
their applications for a dependency benefit with documentary evidence. Should such
documentary evidence be requested, staff members will be required to submit the
requisite information within 30 calendar days of the initial request. Failure to
provide the requested information within the applicable time frame or to report
changes as detailed in section 1.11 above, or falsification of the information
provided, may result in one or more of the following:
(a) Immediate termination of the dependency benefit(s), as applicable;
(b) Recovery of dependency benefit(s) previously paid by the Organization;
(c) Any other administrative and/or disciplinary measures in accordance
with staff rule 10.2, including dismissal for misconduct.

Section 2
Dependent spouse
Dependency status of a spouse
2.1 A spouse shall be recognized as a dependant when the following conditions are
met:
(a) For staff members in the General Service and related categories and
National Professional Officers, the spouse’s annual gross earnings, if any, do not
exceed the lowest entry level of the United Nations General Service gross salary
scale in force on 1 January of the year concerned for the closest United Nations duty
station in the country of the spouse’s place of work. In duty stations where more
than one salary scale is in force, the most recently issued salary scale shall apply for
determining the threshold amount;
(b) For staff members in the Professional and higher categories and staff
members in the Field Service category, the spouse’s annual gross earnings, if any,
do not exceed the higher of:
(i) The amount determined under section 2.1 (a); or

1
For the purposes of the present administrative instruction, this refers to the Office of
Human Resources Management in New York, the Field Personnel Division of the Department of
Field Support for peacekeeping operations and special political missions, and local
administrative or human resources offices.

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(ii) The gross salary for the lowest entry level in force on 1 January of the
year concerned at the base of the salary system (G-2, step 1, for New York).
2.2 The spouse of a staff member who is legally separated may be recognized as a
dependent spouse only upon submission of satisfactory evidence of the provision of
main and continuous financial support by the staff member that is equal to or greater
than the spouse allowance. The spouse’s annual gross earnings, if any, shall not
exceed the amounts determined under sections 2.1 (a) or 2.1 (b), as applicable.
2.3 All earnings received, including but not limited to pension income, such as
retirement and disability benefits, and earnings resulting from investments, shall be
included in the computation of the annual gross earnings under section 2.1.

Dependent spouse allowance for staff in the Professional and higher categories and
in the Field Service category
2.4 Staff members in the Professional and higher categories and in the Field
Service category shall be paid a spouse allowance equivalent to 6 per cent of net
remuneration (net base salary and post adjustment) with respect to a dependent
spouse.

Dependent spouse allowance for staff in the General Service and related categories
and National Professional Officers
2.5 Eligible staff members in the General Service and related categories, including
National Professional Officers, shall receive a spouse allowance with respect to a
dependent spouse when local conditions and/or the practices of comparator
employers call for the establishment of such an allowance. The amount of that
allowance, if any, shall be provided in the local salary scale applicable at the duty
station.

Adjusted dependency allowance with respect to a spouse


2.6 When the spouse’s annual gross earnings are less than the sum of the earnings
limit set out in section 2.1, plus the amount of the spouse allowance that would have
been paid if the spouse’s gross earnings had been under the limit set out in section
2.1, an adjusted dependency allowance for a spouse may be paid to all staff
members, with or without children.
2.7 The adjusted allowance shall be equal to the amount by which the sum of the
earnings limit as set out in section 2.1 plus the spouse allowance exceeds the
spouse’s gross earnings.

Section 3
Dependent child or children
Dependency status of a child or children
3.1 In accordance with staff rule 3.6 (b), a natural child, a legally adopted child, or
a stepchild, provided the stepchild resides with the staff member, shall be
recognized as a dependent child when the following conditions are met:

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(a) The child is under 18 years of age or, if in full-time attendance at school,
university or a similar educational institution, under 21 years of age; and
(b) The staff member establishes that he or she provides main and
continuous support to the child. This shall be done by the staff member’s submitting
a certification of financial support by the staff member that is equal to or greater
than the amount of the dependent child allowance. Such certification must be
supported by documentary evidence satisfactory to the Secretary-General, if a child:
(i) Does not reside with the staff member;
(ii) Is married; or
(iii) Is recognized as a dependant under the special conditions defined in
section 3.2.
3.2 Other children who fulfil the age, school attendance and support requirements
specified in section 3.1 may be recognized as dependent children under staff rule
3.6 (b) when all the following requirements are met:
(a) Legal adoption is not possible because there is no statutory provision for
adoption or any prescribed court procedure for formal recognition of customary or
de facto adoption in the staff member’s home country or country of permanent
residence;
(b) The child resides with the staff member;
(c) The staff member can be regarded as having established a parental
relationship with the child;
(d) The child is not a brother or sister of the staff member; and
(e) The number of children for which dependency benefits are claimed under
the present subsection does not exceed three.
3.3 For the purposes of section 3 of the present instruction, the residency
requirement shall be deemed fulfilled when a dependent child attends a boarding
school or another educational institution under a similar arrangement.

Dependent child allowance for staff in the Professional and higher categories and
the Field Service category
3.4 Staff members in the Professional and higher categories and in the Field
Service category shall receive a dependent child allowance for each dependent child
at a fixed amount approved by the General Assembly upon recommendation from
the International Civil Service Commission. In accordance with sections 4 and 7
below, where eligible, a staff member may be paid a single parent or transitional
allowance, in lieu of a dependent child allowance.

Dependent child allowance for staff in the General Service and related categories
and National Professional Officers
3.5 Eligible staff members in the General Service and related categories and
National Professional Officers shall receive a dependent child allowance in an
amount and under terms based on local conditions and/or the practices of

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comparator employers, taking into account the floor formula established by the
General Assembly. The amount and conditions of the allowance, which may limit
payment to a maximum number of six children, shall be provided in the local salary
scale applicable at the duty station.

Government grants for children


3.6 If a staff member, his or her spouse, or any other person with whom a child
resides, receives a dependency benefit in the form of a government grant in respect
of that child, the staff member shall report the total amount of the grant received in
respect of that child, the country from which the grant was received and the
currency of the grant (if other than United States dollars). The amount of the benefit
received shall be subtracted from the applicable dependency benefit (i.e. dependent
child allowance, single parent allowance or transitional allowance) payable by the
United Nations on account of the dependent child or children. Receipt of a
government grant affects the amount of the dependency benefit only, not the
dependency status of a child for other purposes under the Staff Regulations and
Staff Rules.

Section 4
Dependent child allowance in the case of a single parent
Single parent allowance for staff in the Professional and higher categories and the
Field Service category
4.1 A staff member in the Professional and higher categories and the Field Service
category whose personal status, as recognized by the Organization in accordance
with ST/SGB/2004/13/Rev.1, is single, is legally separated from a spouse, is
divorced or is widowed, and who is not cohabiting with the other custodial parent
shall receive a single parent allowance in respect of a dependent child when the staff
member has a dependent child pursuant to staff rule 3.6 (a) (iii) and the criteria set
out in section 3 above.
4.2 A staff member who claims a single parent allowance and who receives
financial support in respect of the dependent child must notify the Secretary-
General of the receipt of the financial support and certify that this financial support
does not exceed the higher of:
(a) The lowest entry level of the United Nations General Service gross
salary scale in force on 1 January of the year concerned at the staff member’s duty
station. In duty stations where more than one salary scale is in force, the most
recently issued salary scale shall apply for determining the threshold amount;
(b) The gross salary for the lowest entry level in force on 1 January of the
year concerned at the base of the salary system (G-2, step 1, for New York).
4.3 When it is determined that a staff member in the Professional and higher
categories or in the Field Service category meets the eligibility criteria of a single
parent pursuant to section 4.1 above, the single parent allowance, equivalent to
6 per cent of net remuneration (net base salary and post adjustment), shall be paid in
respect of the first dependent child, in lieu of the dependent child allowance.

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Adjusted single parent allowance for staff in the Professional and higher categories
and the Field Service category
4.4 When the financial support received in respect of the dependent child is less
than the sum of the applicable amount set out in section 4.2, plus the amount of the
single parent allowance that would have been paid if the amount of the financial
support had been under the limit set out in section 4.2, an adjusted single parent
allowance may be paid to staff members recognized as single parents by the
Organization pursuant to section 4.1 above.
4.5 The adjusted allowance shall be equal to the amount by which the sum of the
financial support limit as set out in section 4.2 plus the single parent allowance
exceeds the amount of financial support received in respect of the dependent child.

Single parent allowance for staff in the General Service and related categories and
National Professional Officers
4.6 When it is determined that a staff member in the General Service and related
categories, including National Professional Officers, is a single parent pursuant to
section 4.1 above, he or she shall receive an allowance for a dependent child when
local conditions and/or the practices of comparator employers call for the
establishment of such an allowance. The amount of that allowance, if any, shall be
provided in the local salary scale applicable at the duty station.

Section 5
Special provisions
Dependency status of a child with a disability
5.1 A child who is certified by the Medical Director or designated medical officer
as physically or mentally incapacitated for substantial gainful employment, either
permanently or for a period expected to be of long duration, shall be recognized as a
dependent child, regardless of the conditions of school attendance otherwise required
under section 3.1 (a), and may continue to be recognized as a dependant after
reaching age 18 or 21, provided it is established in accordance with section 3.1 (b)
that the staff member provides main and continuing support for the child.
5.2 In order for the United Nations Joint Staff Pension Fund to determine the
eligibility of a child to receive a child disability benefit under article 36 of the Fund’s
Regulations, a staff member who is entitled to receive benefits from the Fund upon
separation from service is required to ensure that the certification of the child as
disabled under section 5.1 above is reported to the Fund in writing by the Office of
Human Resources Management or the local personnel office.

Child benefit for staff in the Professional and higher categories and the Field Service
category with respect to a child with a disability
5.3 Staff members in the Professional and higher categories or in the Field Service
category shall receive for a dependent child with a disability:
(a) Double the amount of the dependent child allowance, if they are entitled
to receive a dependent child allowance with respect to that child; or

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(b) An additional payment in the amount of the dependent child allowance,


if they are paid a single parent allowance or a transitional allowance on account of
that child.

Child benefit for staff in the General Service and related categories and National
Professional Officers with respect to a child with a disability
5.4 Staff members in the General Service and related categories and National
Professional Officers shall receive for a dependent child with a disability a
dependency allowance at double the rate of the regular dependent child allowance
payable at the duty station where the staff member is serving.
5.5 However, at duty stations where a higher rate of dependency allowance is
payable to a staff member in respect of the first dependent child, and the first
dependent child has a disability, the staff member shall receive for that child:
(a) The higher amount of the dependent child allowance payable for the first
child; and
(b) An amount equivalent to the dependent child allowance payable in
respect of children other than the first dependent child.

Section 6
Secondary dependants
Dependency status of a secondary dependant
6.1 A secondary dependant shall be the father, mother, brother or sister for whom
the staff member provides one half or more of his or her financial support
corresponding to at least twice the amount of the dependency allowance. Pension
income, such as retirement and disability benefits, and earnings resulting solely
from investments shall not be included in the computation of the overall financial
support of a staff member’s secondary dependant. If the secondary dependant is a
brother or sister, he or she must also fulfil the age and school attendance
requirements for a dependent child set out in section 3.1, unless the brother or sister
is recognized as having a disability in accordance with section 5.1.

Secondary dependant benefit


6.2 A secondary dependency allowance may be paid to eligible staff members for
a secondary dependant subject to the following conditions:
(a) The allowance is paid on account of only one secondary dependant;
(b) The staff member is not paid a dependent spouse allowance;
(c) Staff members in the General Service and related categories, including
National Professional Officers, shall receive a dependency allowance with respect to
a secondary dependant when local conditions and/or the practices of comparator
employers call for the establishment of such an allowance. The amount of the
allowance, if any, shall be provided in the local salary scale applicable at the duty
station.

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Section 7
Transitional allowance
7.1 A staff member who is not in receipt of a dependent spouse allowance or a
single parent allowance and who, as at 31 December 2016, was in receipt of a salary
at the dependency rate in respect of a dependent child shall receive a transitional
allowance equivalent to 6 per cent of net remuneration (net base salary and post
adjustment) from 1 January 2017 onward in respect of that child, subject to the
following conditions:
(a) On 1 January 2017, the child continues to be recognized as a dependent
child in accordance with staff rule 3.6 (a) (iii) and the criteria set out in section 3; and
(b) The staff member is not in receipt of a dependent child allowance in
respect of that dependent child, except for an additional payment on account of a
dependent child with a disability pursuant to section 5.3 (b) above.
7.2 The transitional allowance shall be reduced by 1 percentage point of net
remuneration every 12 months thereafter. The reduction shall fall due on 1 January
of every year and shall not be suspended for any reason.
7.3 Payment of the transitional allowance shall be discontinued when:
(a) The staff member becomes eligible for, and is paid, a dependent spouse
allowance or a single parent allowance;
(b) The child in respect of whom the transitional allowance is paid is no
longer recognized as an eligible dependent child; or
(c) The amount of the transitional allowance becomes equal to or lower than
the amount of the dependent child allowance, provided that, in such case and at such
time, the staff member shall be paid the dependent child allowance for that child.
7.4 Once the transitional allowance is discontinued, it shall not be reinstated,
regardless of subsequent changes to a staff member’s personal status and
dependants.

Section 8
Final provisions
8.1 The present administrative instruction shall enter into force on 1 January 2017.
8.2 Administrative instruction ST/AI/2011/5 is hereby abolished.

(Signed) Yukio Takasu


Under-Secretary-General for Management

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