WHAT ARE THE FIDS FOR BAH?
35 AND 68
WHAT REGULATION GOVERNS BAH?
THE DOD FMR VOLUME 7A CHP.26
WHO IS THE APPROVING AUTHORITY FOR BAH?
COMMANDER
WHAT DOCUMENTS ARE NEEDED FOR A SM WHO HAS MARRIED A CIVILIAN SPOUSE?
SIGNED 5960, MARRIAGE CERTIFICATE, BARRACKS CLEARING MEMO(IF E5 AND UNDER), AND PCS ORDERS
What does BAH stand for?
Basic Allowance for Housing
HOW WOULD YOU CODE A SM WHO IS DUAL MILITARY AND IS CLAIMING DEPENDENTS?
201W
Are servicemembers who are transitioning out of the Army entitled to BAH through their date of retirement/separation?
Yes, 10.10.4. Retirement or Separation 10.10.4.1. From a PDS in the United States. A Service member’s old PDS is the PDS for BAH purposes from the day the Service member departs the old PDS through the separation or retirement date. If the Service member had been residing in Government quarters at the old PDS, the Service member is authorized BAH beginning the date Government quarters are terminated provided the Service member is still on AD
DO ALL THE SECTIONS IN BOX 13 ON FORM 5960 FOR CERTIFICATION OF DEPENDENT SUPPORT NEED TO BE INITIALED IF A SM IS CLAIMING THE WITH DEPENDENT RATE?
YES EACH LINE MUST BE INITALED NOT X'ED
(Read and Initial: I certify that I provide or am willing to provide adequate support to the above named dependents.)
WHAT DOCUMENTS ARE NEED FROM A SM WHO IS E5 AND BELOW WHO WAS AUTHORIZED TO LIVE OFF POST?
SIGNED 5960, PCS ORDERS, BARRACKS CLEARING MEMO, AND AN APPROVED HOUSING CNA.
**PLEASE INFORM SM THAT THEY SHOULD START THE CNA RENEWAL PROCESS 90 DAYS PRIOR TO THE EXPIRATION OF THEIR CNA**
Is it possible for a SM to receive a BAH based on their old duty location for a period of time?
Yes, but they must have an approved waiver!
10.7.1. Housing Allowance Based on Dependent’s Location or Old PDS. Unless otherwise authorized or approved, a Service member’s housing allowance is based on the PDS. If authorized or approved through the Secretarial Process, a Service member may be authorized a housing allowance based on the location at which a dependent maintains a permanent residence or the old PDS. Situations that are routinely authorized or approved at a lower level than the Service Secretary are listed in subparagraph 10.2.2. An example of advance travel is the member’s family travels ahead to get settled before school starts. An example of delayed travel is the family remains at the old PDS until the school year ends.
WHAT DATE DO YOU USE TO STOP THE WITH DEPENDENT RATE FOR A SM WHO WAS DIVORCED?
then stop the with-dependent housing allowance at midnight of the day… of the final decree of divorce. This also applies when an affinitive relationship between a Service member and stepchild ceases due to divorce from the child’s parent.
Is it possible for a SM to receive a BAH based on their old duty location for a period of time?
Yes, but they must have an approved waiver!
10.7.1. Housing Allowance Based on Dependent’s Location or Old PDS. Unless otherwise authorized or approved, a Service member’s housing allowance is based on the PDS. If authorized or approved through the Secretarial Process, a Service member may be authorized a housing allowance based on the location at which a dependent maintains a permanent residence or the old PDS. Situations that are routinely authorized or approved at a lower level than the Service Secretary are listed in subparagraph 10.2.2. An example of advance travel is the member’s family travels ahead to get settled before school starts. An example of delayed travel is the family remains at the old PDS until the school year ends.
WHAT SHOULD THE DATE OF ACTION ON FORM 5960 BOX 6 BE?
THE DATE OF MARRIAGE, DIVORCE,BIRTH, BARRACKS CLEARING DATE, ETC. WHATEVER DATE YOU CODE THE 35 FOR SHOULD MATCH THE DATE OF ACTION IN BOX 6
True or False:
If a service member clears the barracks, but cannot provide a barracks termination memo (ex. never entered into the housing system), can the commander sign a memo or 4187 stating the date the SM cleared the barracks?
No, the commander does not have authority to clear a SM from the barracks.
HOW DOES A SERVICEMEMBER APPLY FOR SECONDARY DEPENDENCY?
They must apply through DFAS.
To qualify as a secondary dependent, the individual’s income, not including your contribution, must be less than one-half of the actual living expenses. The law requires the individual to be ‘in fact’ dependent on you, the service member. Your contribution must be more than one-half of the dependent’s actual monthly living expenses. Documentation to prove living expenses and your contribution must ALWAYS be provided.
WHEN SHOULD YOU CODE A CORRRECTION OF THE 68 LINE? (6803/6805)
AFTER MIDMONTH CUTOFF. YOU MUST ALSO INFORM DEBT MANAGEMENT SO THEY CAN OFFSET THE DEBT
Is it possible for a BAH rate to be protected?
5.1 BAH Rate Protection (260501) The monthly BAH amount paid to a Service member must not be reduced due to changes in housing costs in the Military Housing Area (MHA), changes in the national monthly housing cost, or a Service member’s promotion. The BAH rate for an RC member is also protected, provided the RC member does not have a break in active service of 1 or more calendar days. This includes transitions in service status from Active Guard Reserve (AGR) duty to other AD and back to AGR duty, or beginning a new AD order or order extension without a break in active service. If the Service member is demoted or loses authority for BAH, then the Service member’s BAH rate protection at the current amount stops when the eligibility to BAH for a given MHA or County Cost Group ends. The current BAH rate at the current duty location becomes the Service member’s new protected BAH rate
WHAT IS THE MOST CURRENT YEAR FOR FORM 5960?
2022
What is BAH-DIFF? Who can receive it?
5.4 BAH Differential (BAH-Diff) (260504) A Service member assigned to single-type Government quarters or a single-type housing facility under a Uniformed Service jurisdiction is not usually authorized more than BAH Partial. However, if the Service member is authorized BAH solely due to paying child support and the Service member is paying an amount equal to or greater than BAH-Diff, then he or she is authorized BAH-Diff. A Service member is not authorized BAH-Diff if the child support payment is less than the Service member’s applicable pay grade BAH-Diff amount. See paragraphs 3.6, 3.7, and 4.3 if child is in the custody of another AD member.
4.3.1.3. When a child of the marriage is in a third party’s custody, only one Service member is authorized a housing allowance for the child, even if both Service members are paying sufficient child support to qualify for the housing allowance. The senior Service member is authorized a housing allowance for the child when the two Service members do not agree on which person claims the authorization. If the Service members are of equal rank, date of rank determines which one receives a housing allowance for the child; 4.3.1.4. In joint legal custody cases, when physical custody changes from one parent to another, each parent is authorized a housing allowance for the child during those periods the child is actually in that parent’s physical custody;
Who is considered a secondary dependent?
Secondary (non-primary) dependents can include:
CAN A DUAL MILITARY COUPLE BOTH RECEIVE THE WITH DEPENDENT RATE?
YES! When both Service members no longer share a common residence due to military orders, their authorization for increased allowances or assignment to Government quarters should be determined separately without regard to the general rule that all dependents of Service members are in the same class for the purpose of determining housing allowance authorizations
But each member is required to have physical custody of a dependent if both members are claiming a housing allowance authorization at the with-dependent rate
If a SM gets divorced from a civilian spouse, and has children, what documents are needed in order for the SM to maintain the with dependent rate for BAH? What would they be coded as in this situation?
We would need a 5960, divorce decree, children's birth certificates (with service members name on it), and proof of monthly support over the BAH DIFF amount. It's recommended to start an allotment for support! 201N for non-custodial 201C for custodial
3.3.5. Joint Legal Custody. When a Service member is divorced from a person who is not a Service member, they share joint legal custody of a child, and the former spouse is awarded primary physical custody, then the Service member is a non-custodial parent for housing allowance purposes.
3.3.3. Unstated Support Amount or Release From Support Responsibility. A legal separation agreement, court decree, judgment, or order that is silent on dependent support, does not state the dependent support amount, or absolves the Service member of dependent support responsibility does not affect a Service member’s housing allowance. This is true regardless of required the jurisdiction in which the decree, agreement, or order was issued or of the dependent’s domicile. The Service member is authorized a housing allowance on behalf of a dependent if the Service member contributes to the dependent’s support in an amount that is not less than the applicable BAH-Differential (BAH-Diff) rate.
ALARACT 037/201 7.B. (U) FOR NONCUSTODIAL PARENT SOLDIERS WHO PAY CHILD SUPPORT, OR ARE REQUIRED TO PAY CHILD SUPPORT IN ACCORDANCE WITH REFERENCE 1.B., PROOF OF DEPENDENT SUPPORT MAY INCLUDE CANCELLED CHECK, MONEY ORDER, ELECTRONIC FUND TRANSFER (EFT), VOLUNTARY ALLOTMENT, AND INVOLUNTARY ALLOTMENT. PROOF OF EFT PAYMENTS MADE VIA BANK ACCOUNT DEDUCTION, PAYPAL, CASHAPP, ZELLE OR OTHER BANK ACCOUNT DEDUCTION ARE ALSO ACCEPTABLE. HOWEVER, ALL TRANSACTIONS MUST BE PAYABLE TO THE CUSTODIAL PARENT MONTHLY. THE AMOUNT OF SUPPORT MUST BE IN AN AMOUNT THAT IS AT LEAST THE CURRENT BAH-DIFF, BASED ON THE SOLDIER’S GRADE. SOLDIERS ARE NOT AUTHORIZED A HOUSING ALLOWANCE ON BEHALF OF THE DEPENDENT FOR PAYMENTS LESS THAN THE BAH-DIFF.
DOES THE DEPENDENT ADDRESS NEED TO MATCH THE SM'S CURRENT ADDRESS ON FORM 5960?
YES!
ALARACT 037/2021 7.A. (U) THE ADDRESS IN BLOCK 5 OF THE DA FORM 5960 WHEN COMPARED TO THE ADDRESS OF THE DEPENDENT(S) IN BLOCK 10 INDICATES THE DEPENDENTS DO NOT RESIDE WITH THE SOLDIER. IN SUCH CASES, SOLDIERS PROVIDE PROOF OF SUPPORT FOR ALL PRIOR MONTHS THE DEPENDENT(S) DID NOT LIVE WITH THE SOLDIER. PROOF OF SUPPORT CAN BE A JOINT BANK ACCOUNT, AN ALLOTMENT, CANCELLED CHECKS, EVIDENCE OF A WIRE TRANSFER IN THE DEPENDENT’S NAME, OR A DIVORCE DECREE WITH COURT-ORDERED CHILD SUPPORT.
Who authorized the temporary increase of BAH rates?
The Department of Defense
WHAT TABLE IN DJMS TELLS YOU THE CURRENT/PAST BAH DIFF RATES?
JWMM TABLE 028