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INTERNAL COMMISSION DIRECTIVE
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Education allowance - Interpretation
of the concept of accommodation against payment outside the family
home |
At their 243rd meeting, on 6 October 2005, the College of the Heads of
Administration approved Conclusion 242/05 (see Annex), which shall apply
within the Commission from 1 November 2005.
Claude Chêne
Annex
Luxembourg, 11 October 2005
CONCLUSION 242/05
APPROVED BY THE HEADS OF ADMINISTRATION
AT THEIR 243rd MEETING ON 6 OCTOBER 2005
| Subject:
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Education allowance -
Interpretation of the concept of accommodation against payment outside
the family home |
In accordance with the first subparagraph of Article 3(1) of Annex VII
to the Staff Regulations, subject to the conditions laid down in the
general implementing provisions, an official shall receive an education
allowance equal to the actual education costs incurred by him, up to a
monthly limit set by that same article, for each dependent child within
the meaning of Article 2(2) of Annex VII who is at least five years old
and in regular full time attendance at a primary or secondary school which
charges fees.
Under Article 4(3) of the general implementing provisions for granting the
education allowance, education costs shall be reimbursed by payment of a
flat rate monthly allowance corresponding to the amount referred to in the
first subparagraph of Article 3(1) of Annex VII to the Staff Regulations,
for each child attending a primary, intermediate or secondary school or
equivalent educational establishment away from the place of the family
home and paying for accommodation away from home.
Regarding the application of these provisions, it has been concluded that:
- Where the child is in accommodation at a boarding school, the
boarding school costs shall be treated as education costs and the child
shall be regarded as attending an educational establishment which
charges fees. In such cases, therefore, the education allowance shall be
paid in flat rate form.
- Having regard to the principle of equal treatment, a uniform system
should be applied to all children in fee paying accommodation away from
the family home. A child living, for example, in rented accommodation
shall therefore be entitled to the flat rate education allowance in the
same way as a child in accommodation at a boarding school, whether or
not the establishment attended charges fees.
- Where each parent lives in a different place, a child living with
one of them shall be regarded as living at the family home and therefore
the education allowance cannot be granted in flat rate form.
- The flat rate education allowance shall be paid on presentation of
supporting documents providing proof of the accommodation and of the
costs actually incurred.
This Conclusion shall apply from 1 November 2005.
It replaces Conclusion 808/74, which was approved by the Heads of
Administration on 18 July 1974.
For the College of the Heads
of Administration
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