Part 6 – Members’ Allowances Scheme

The Leicestershire County Council, in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003 hereby makes the following scheme:

1.    This scheme may be cited as the Leicestershire County Council Members’ Allowances Scheme and shall have effect from 1 April 2009, subject to amendments made on 8 July 2009, until the scheme is amended or a new scheme is adopted.

2.    In this scheme,

“the Regulations” means the Local Authorities (Members’ Allowances) (England) Regulations 2003;

“member” means a member of the Leicestershire County Council who is a councillor;

“co-opted member” means a co-opted member of the Children and Young People's Service Overview and Scrutiny Committee;

“year” means the 12 months ending with 31 March.

3.    Subject to paragraph 9, for each year a basic allowance of £10,152 shall be paid to each member.

4.    (1) For each year a special responsibility allowance shall be paid to those members who hold the special responsibilities in relation to the County Council that are specified in Schedule 1 to this scheme.

       (2) Subject to paragraph 9, the amount of each such allowance shall be the amount specified against that special responsibility in Schedule 1.

       (3) Where the Deputy Leader is required to take the place of the Leader during unavoidable absence of more than two weeks, an “Acting Up” allowance shall be payable, increasing the allowance of the Deputy to that of the Leader for the period concerned.

5.    A member may, by notice in writing given to the Chief Executive elect to forgo any part of his/her entitlement to an allowance under this scheme.

6.    Where a member of the Authority is also a member of another authority, as defined in the Regulations, that member shall ensure that he/she does not receive allowances from more than one authority in respect of the same duties.

7.    (1) In accordance with the requirements of the Regulations, part-year payments shall be calculated as set out in this paragraph.

       (2) If an amendment to this scheme changes the amount to which a member is entitled by way of a basic allowance or a special responsibility allowance, then in relation to each of the periods:

the entitlement to such an allowance shall be to the payment of such part of the amount of the allowance under this scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of the days in the period bears to the number of days in the year.

   (3) Where the term of office of a member begins or ends otherwise than at the beginning or end of a year, the entitlement of that member to a basic allowance shall be to the payment to such part of the basic allowance as bears to the whole the same proportion as the number of days during which the member’s term of office subsists bears to the number of days in that year.

   (4) Where this scheme is amended as mentioned in subparagraph (2), and the term of office of a member does not subsist throughout the period mentioned in subparagraph (2)(a), the entitlement of any such member to a basic allowance shall be to the payment of such part of the basic allowance referable to each such period (ascertained in accordance with that subparagraph) as bears to the whole the same proportion as the number of days during which the term of office as a member subsists bears to the number of days in that period.

   (5) Where a member has during part of, but not throughout, a year such special responsibilities as entitle him or her to a special responsibility allowance, that member’s entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which the member has such special responsibilities bears to the number of days in that year.

   (6) Where this scheme is amended as mentioned in subparagraph (2), and a member has during part, but does not have throughout the whole, of any period mentioned in subparagraph (2)(a) of that paragraph any such special responsibilities as entitle the member to a special responsibility allowance, that member’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that subparagraph) as bears to the whole the same proportion as the number of days in that period during which the member has such special responsibilities bears to the number of days in that period.

8.    (1) Payments shall be made in instalments of one twelfth of the amount specified in this scheme on the last working day of each month;

   (2) Where a payment of one twelfth of the amount specified in this scheme in respect of a basic allowance or a special responsibility allowance would result in the member receiving more than the amount to which, by virtue of paragraph 7, he or she is entitled, the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled.

9.    A Dependants ‘Carers’ Allowance will be available on the basis set out in Regulation 7 of The Local Authorities (Members’ Allowances) (England) Regulations 2003 subject to the following conditions:

   (1) The maximum hourly rate reimbursed for the independent care of a child under the age of 14 shall be equal to the minimum wage;

   (2) The maximum hourly rate reimbursed for the professional care of a dependent relative shall be equal to the Council’s own hourly rate for a Home Care Assistant;

   (3) Members must certify that the costs have been actually and necessarily incurred and the allowance shall be paid as a reimbursement of incurred expenditure against receipts;

   (4) The allowance shall not be payable to a member of the claimant’s own household.

Travel and Subsistence

10.    The responsibilities and duties for which travel and subsistence allowances shall be payable and other matters relating to the regulation of the Scheme shall be as specified in Schedule 2 to this Scheme.

11.    Where a member uses a private vehicle the rates payable shall at the level of the Approved Mileage Allowance Payments (AMAPs) laid down by the Inland Revenue as a taxfree “approved amount” and shall be amended in line with any changes made to these amounts as and when they occur.

At the time of writing these amounts are as follows:

An additional 5p per mile to be paid when one or more passengers travel to an approved duty in the same vehicle.

12.    The following rates of subsistence allowance shall apply:

Rate A County Hall

Rates based upon purchase of a meal in the County Hall restaurant:

Breakfast     £4.85

Lunch     £7.80

Rate B – Other than County Hall

Breakfast     £8.20
Lunch     £11.30
Tea     £5.10
Dinner     £19.50

13.    The Qualifying duty period (inclusive of travelling time) for all subsistence allowances relating to meals shall be as follows:

Breakfast     3 hours before 11.00 a.m.
Lunch     3 hours including 12 noon to 2.00 p.m.
Tea     3 hours including 3.00 p.m. to 6.00 p.m.
Dinner     3 hours ending after 7.00 p.m.

14.    The following rates shall apply for overnight absence (Room only):

Provincial Rate – not to exceed £110.
London Rate – not to exceed £170.

15.    No such allowances are currently payable.

16.    All Members of the County Council who satisfy the requirements laid down in the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 shall be entitled to join the Local Government Pension Scheme. Both the Basic Allowance and Special Responsibility Allowances shall be treated as amounts in respect of which pensions shall be payable in accordance with that Scheme.

17.    This provision shall be effective from 1 May 2003.

18.    Claims for carers’, travel and subsistence allowances shall be made by the member concerned within 2 months of the date of the duty to which it relates. Requests for payment of previously unclaimed allowances will not normally be backdated beyond two months entitlement from the date of the claim.

* Denotes effective from 8 July 2009.

The duties listed below qualify for travel and subsistence allowances.

(a) Attendance at meetings of the County Council and relevant bodies appointed by or on behalf of the Council.

(b) Working Parties or Panels of members properly convened by the Chief Executive in consequence of a decision of the relevant body of the Council.

(c) Formal briefing meetings or conferences of members convened by the Chief Executive or conferences of members properly convened in relation to the proceedings of meetings or functions of a relevant body of the Council in accordance with arrangements approved by that body. (Separate provisions exist for conferences organised by other bodies.)

(d) Meetings for the appointments of Chief Officers.

(e ) Inspections and tours of County Council and other establishments and venues, approved in advance by or on behalf of the relevant body of the Council.

(f) Official deputations to or meetings with government departments, statutory authorities or other local authorities.

(g) Joint meetings with other local authorities or consortia of authorities.

(h) Attendance by Members appointed for that purpose, at a meeting properly convened on behalf of a public authority or government department to discuss issues relating to the work of the County Council.

(i) Meetings of Community Forums covering the Member’s particular electoral division.

((j) Attendance by invitation at a Parish Council or Parish Meeting to participate in the discussion of a County Council function (this provision to apply to travel allowance but not subsistence).

(k) Meetings between group whips or their nominees to make recommendations on appointments.

(l) Attendance by members at meetings of County Council bodies, or site visits when requested specifically by the body concerned or in response to a notice sent under the sensitive issues procedure for the purpose of speaking on the item concerned.

(m) Learning and development events organised by or on behalf of the Chief Executive.

(n) Official and courtesy visits when:

(o) General information visits or tours having been previously approved by or on behalf of the relevant body.

(p) The following, as tasks approved by the County Council for the purpose of, or in connection with, the discharge of the functions of the County Council, or any of its relevant bodies.

Overnight accommodation and conference fees are normally booked by or on behalf of the Chief Executive and paid for by the Authority direct. There are no limits placed on such expenses subject to the Chief Executive being satisfied that they are reasonable.

Travel and subsistence allowances are payable for conferences organised by other bodies. Attendance must be approved beforehand by or on behalf of the relevant body and the rates for conference travelling and subsistence are the same as for other duties.

Attendances by individual members at meetings of outside bodies to which the County Council makes appointments or nominations qualify for travel and subsistence allowances. The approval relates to meetings of the bodies concerned, its standing committees and subcommittees but not to other activities of the body except in the case of the Local Government Association where the approval extends to all its activities including service on other bodies on the appointment or nomination of the Association.

In all cases expenditure must have been actually and necessarily incurred.

Travelling expenses are limited to the actual journey from home or a members’ regular place of work except in exceptional circumstances approved by the Constitution Committee or Chief Executive on the Committee’s behalf (for definition of exceptional circumstances see note below). Long journeys such as travelling back from holiday to attend a meeting do not qualify other than the amount equivalent to the local journey. If a member's home is outside the County the distance and time used for any claim is from the point where the journey to County Hall crosses the County boundary. If a member's usual business address is outside the County the full journey may be claimed on the basis that a person's work venue is not always within an individual’s control.

(i) Air

Air fare may be paid if the rate compares reasonably with the cost of alternative means of travel having regard to the likely savings in time, subject to the agreement of the Chief Executive.

Applications must be raised with the Chief Executive as soon as possible prior to the date the duty is to be performed.

(ii) Car Hire

The rate or repayment for a hired car shall not exceed the rate which would have been applicable for a member's own car

(iii) Mileage Rates

Where a member uses his own private car or one belonging to a member of his family or otherwise provided for his use the rate claimed shall be laid down in the Council’s Scheme of Allowances.

Where a member uses a lease car the rate claimed shall not exceed the relevant rates specified for the Council’s officers.

(iv) Rail

The rate of travel by rail shall be by reference to the second class fare. Travel warrants for use on British Rail for official journeys may be obtained from the Members Secretariat.

(v) Taxis

The rate for travel by taxi cab shall not exceed,

(a) In cases of urgency or where no public transport is reasonably available, the amount of the actual fare and any reasonable gratuity.

(b) In any other case, the amount of the fare for travel by appropriate public transport.

(vi) Other Expenses

Actual expenditure incurred on tolls, ferries or parking fees.

The Constitution Committee, or the Chief Executive on the Committee’s behalf, will normally only be prepared to consider granting exceptions to the general policy of the County Council in relation to the payment of travelling allowances for long journeys where the following circumstances apply:

1. Attendance at a meeting to consider a “sensitive” issue which will have a substantial impact on the member’s particular electoral division whether or not the member serves on the body concerned; or

2. Attendance at a meeting of the County Council where non attendance, taken together with that of other members, might upset the elected party balance to such an extent that the decision is likely to be affected; or

3. In other cases where it would not be appropriate or reasonable to expect a substitute to act on the member’s behalf; and

4. Illness or bereavement in respect of a close family member; or

5. Unplanned and/or unavoidable absence due to unusual work commitments.

Applications must be raised with the Chief Executive as soon as possible prior to the date on which the duty is to be performed.

The making of any payments retrospectively will not normally be considered.

The amount of subsistence claimed relates to the period of time a member is engaged on an approved duty together with an exception for main meals taken on trains.

When main meals, that is a full breakfast, lunch or dinner, are taken on trains during an approved duty which would attract the payment of day subsistence the reasonable cost of the meals, including VAT, may be reimbursed in full.

Rates and qualification periods are specified in the Council’s Scheme of Allowances.