Part 5 - Members Allowances Scheme

[Note 1:        Regulation 8 of the Local Authorities (Members' Allowances) (England) Regulations 2003 states that payment of travel and subsistence can only be made for attendance at meetings within one or more of the following categories:

(a)               The attendance at a meeting of the Authority or of any committee or sub-committee of the Authority, or of any other body to which the Authority makes appointments or nominations, or of any committee or sub-committee of such a body;
(b)               The attendance at any other meeting, the holding of which is authorised by the Authority, or a committee or sub-committee of the authority, or a joint committee of the Authority and one or more Local Authority within the meaning of Section 270(1) of the Local Government Act 1972, or a sub-committee of such a joint committee provided that:

(i)         Where the Authority is divided into two or more political groups it is a meeting to which Members of at least two such groups have been invited; or

(ii)        If the Authority is not so divided, it is a meeting to which at least two Members of the Authority have been invited;

(c)               The attendance at a meeting of any association of authorities of which the Authority is a member;

(d)               The attendance at a meeting of the executive or a meeting of any of its committees, where the Authority is operating executive arrangements;

(e)               The performance of any duty in pursuance of any Standing Order made under Section 135 of the Local Government Act 1972 requiring a Member or Members to be present while tender documents are opened;
(f)               The performance of any duty in connection with the discharge of any function of the Authority conferred by or under any enactment and empowering or requiring the Authority to inspect or authorize the inspection of premises;
(g)              The performance of any duty in connection with arrangements made by the Authority for the attendance of pupils at any school approved for the purposes of Section 342 (approval of non-maintained special schools) of the Education Act 1996; and
(h)               The carrying out of any other duty approved by the Authority, or the Chief Executive acting under delegated powers, for the purpose of, or in connection with, the discharge of the functions of the Authority or of any of its committees or sub-committees.”

Note 2:         Members’ homes are regarded as their work base for the purpose of claims and a specified number of visits to Shire Hall each year for “contact” purposes should be regarded as an “approved duty” for the purposes of travel claims. Further advice will be issued from time to time listing activities for which travel and subsistence may be claimed.

Note 3:         County Council has resolved that a travel allowance may be payable to County Councillors on journeys to and from parish and town council meetings within their division. This should apply to full town or parish council meetings only and the County Councillor should not be a member of that particular parish or town council.

(a) Travelling

                     1.1             By Public Transport Services

The actual fares paid supported by receipts. Members should be reimbursed for the actual cost of a rail ticket up to the cost of an open standard return. Train tickets can be arranged through Democratic Services.

Actual expenditure (receipts should be provided) incurred on:

(a) Reservation of seats;
(b) Porterage of baggage;
(c) Sleeping accommodation on an overnight journey.

                      1.2 Taxi-cabs

Taxi-cab fares (including a reasonable gratuity) may be paid in cases of urgency or when no public service is reasonably available. Receipts should be provided.

                      1.3 Member's Private Motor Vehicles

The rates of allowance shall be in accordance with the HMRC authorised mileage allowance rate.

                      1.4 Bicycles

An allowance of 20p per mile (all mileage) is payable on condition the bicycle is roadworthy, the rider wears protective headgear, appropriate high visibility clothing and has third party insurance.

                      1.5 Motor Cycles

24p per mile (all mileage)

                      1.6 Hired Cars

The rate for travel by a hired motor car vehicle other than a taxi cab shall not exceed the rate which would have been applicable had the vehicle belonged to the Member who hired it, provided that where the County Council so approves the rate may be increased to an amount not exceeding the actual cost of hiring.

                      1.7 Miscellaneous expenses

Actual expenditure on tolls, ferries and parking fees

Where possible, receipts should be obtained

(b) Subsistence Allowances

When attending meetings of the Council or of other bodies, for which Members are entitled to claim travel and subsistence costs, reasonable subsistence costs will be reimbursed (on presentation of receipts) if the meeting started or finished between 12.30 and 14.30 and no food was provided.

No subsistence costs will be reimbursed in relation to attendance at meetings within the Shire Hall complex.

(c) Carers’ Allowance

A Member may claim a carer's allowance where they have incurred expenditure on engaging a carer for a dependant in order to attend a ‘designated’ meeting and/or carry out approved duties, subject to the following:

• For an allowance to be payable the dependant being cared for needs to be in one of the following groups:
• A child under 14 years of age;
• An elderly person;
• A person with a physical or mental disability;
• A person with a learning disability; and live with the Member as part of the Members family and is unable to be left unsupervised.
• A carer (i.e., the person being paid to act as carer while the Member is carrying out their County Council duties) is defined as someone who does not normally live with the Member as part of the Members family and is not part of the extended family.
• Subject to the above, Carers Allowance claims can be made for the actual cost of providing dependent care, with no maximum amount, subject to appropriate auditing procedures being carried out.
• The claim should be included on the standard County Councillors claim form, with a receipt from the carer attached.

The Inland Revenue view the payment of carers’ costs as a taxable benefit, so any payments will be subject to tax.

LOCAL GOVERNMENT ASSOCIATION (LGA)

• County Councillors who are appointed to serve on the LGA or any of its Committees can claim for mileage / subsistence / fares for attending meetings of those forums.