MEMBERS’ ALLOWANCES
AND EXPENSES 2009/10
CONTENTS
Page
Members’ Allowances Scheme
Basic Allowance212
Special Responsibility Allowances212
Political Group Members Allowances212
Carer’s Allowances212
Renunciation213
Part-year Entitlements213
Payments214
Car Mileage Allowances (incl. Passenger Supplement)215
Other Travelling Expenses216
Subsistence Allowances216
Broadband217
Tax and National Insurance217
Any enquiries regarding Members’ Allowances and Expenses should be directed to: Financial Services (Tel: 01748 829100 Ext 7124)
MEMBERS’ ALLOWANCES SCHEME
The Richmondshire District Council, in exercise of the powers conferred by the Local Authorities (Members’ Allowances) Regulations 2003, hereby makes the following scheme:
1.This scheme may be cited as the Richmondshire District Council Members’ Allowances Scheme, and shall have effect from 1st April 2008, and subsequent years.
2.In this scheme,
“Councillor” means a Member of the Richmondshire District Council who is a Councillor;
“year” means the 12 months ending with 31 March.
3.Basic Allowance
For each year a basic allowance of £2,991 shall be paid to each Councillor (as set out in Schedule 1).
4.Special Responsibility Allowances
(1)For each year a special responsibility allowance shall be paid to those Councillors who hold the special responsibilities in relation to the authority that are specified as follows in Schedule 1:
- Leader£4,196
- Deputy Leader£2,098
- Chair of Committees£1,495
- Vice-Chairs£725
- Chair of Appeals Committee£725
- Vice Chair of Appeals Committees£363
- Member Champion£725
- Spokesperson£725
(2)Subject to paragraph 8, the amount of each such allowance shall be the amount specified against that special responsibility in that schedule.
5.Political Group Members Allowance
For each year an allowance of £73 shall be paid to each Councillor (as set out in Schedule 1)
6.Carer’s Allowance
A Councillor with caring responsibilities for a spouse, partner, child or other relative may claim a carer’s allowance of minimum wage (currently £5.52 per hour)
7.Renunciation
A Councillor may by notice in writing given to the Assistant Director (Resources) elect to forego any part of his/her entitlement to an allowance under this scheme.
8.Part-year Entitlements
(1)The provisions of this paragraph shall have effect to regulate the entitlements of a Councillor to basic, political group members and special responsibility allowances where, in the course of a year, this scheme is amended or that Councillor becomes, or ceases to be, a Councillor, or accepts or relinquishes a special responsibility in respect of which a special responsibility allowance is payable.
(2)If an amendment to this scheme changes the amount to which a Councillor is entitled by way of a basic allowance, political group member allowance or a special responsibility allowance, then in relation to each of the periods:
(a)beginning with the year and ending with the day before that on which the first amendment in that year takes effect, and
(b)beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year,
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 Councillor begins or ends otherwise than at the beginning or end of a year, the entitlement of that Councillor to a basic allowance and political group member allowance shall be to the payment to such part of the basic allowance and political group member allowance as bears to the whole the same proportion as the number of days during which his term of office subsists bears to the number of days in that year.
(4)Where this scheme is amended as mentioned in sub-paragraph (2) and the term of office of a Councillor does not subsist throughout the period mentioned in sub-paragraph (2)(a), the entitlement of any such Councillor to a basic allowance and political group member allowance shall be to the payment of such part of the basic allowance and political group member allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his term of office as a Councillor subsists bears to the number of days in that period.
(5)Where a Councillor has during part of, but not throughout, a year such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor’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 he or she has such special responsibilities bears to the number of days in that year.
(6)Where this scheme is amended as mentioned in sub-paragraph (2), and a Councillor has during part, but does not have throughout the whole, of any period mentioned in sub-paragraph (2)(a) of that paragraph any such special responsibilities as entitle him or her to a special responsibility allowance, that Councillor’s entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he or she has such special responsibilities bears to the number of days in that period.
9.Payments
(1)Payments shall be made, subject to sub-paragraph (2) and (3) below, in instalments of one-twelfth of the amount specified in this scheme on or about the twenty-first day of each month.
(2)Payments of Political Group Members Allowances will be paid as allocated by the Secretary of each political group. In the absence of a Group Secretary, the Group Leader becomes the responsible person for allocating the allowance.
(3)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 Councillor receiving more than the amount to which 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.
SCHEDULE 1
Type of Allowance / Cost Per Position2008/09
£ / No of Positions / Total Cost Per Annum
£
Basic
Paid to all Councillors / 2,991 / 34 / 101,694
Committee
Policy Committee Chair / 1,495 / 1 / 1,495
Policy Committee Vice Chair / 725 / 1 / 725
Scrutiny Chair / 1,495 / 3 / 4,485
Scrutiny Vice Chair / 725 / 3 / 2,175
Standards Chair / 1,495 / 1 / 1,495
Standards Vice Chair / 725 / 1 / 725
Appeals Chair / 725 / 1 / 725
Appeals Vice Chair / 363 / 1 / 363
Planning Chair / 1,495 / 1 / 1,495
Planning Vice Chair / 725 / 1 / 725
Strategy Board Spokespeople / 725 / 10 / 7,250
Member Champion / 725 / 1 / 725
Audit & Governance Committee Chair / 1,495 / 1 / 1,495
Audit & Governance Committee Vice Chair / 725 / 1 / 725
Licensing Chair / 1,495 / 1 / 1,495
Licensing Vice Chair / 725 / 1 / 725
Local Development Framework Working Group Chair / 725 / 1 / 725
Leader of the Council / 4,196 / 1 / 4,196
Deputy Leader of the Council / 2,098 / 1 / 2,098
Political Group Members / 73 / 34 / 2,482
Carer’s Allowance / 5.52 / 1,200
Cost per annum / 139,218
Estimated Travel/Subsist / 15,450
Total / 154,668
Chair of Council’s Civic Allowance 2009/2010 = £2,589
CAR MILEAGE ALLOWANCES
451 to 999 cc 42.9p per mile
1,000 cc to 1,199 cc 46.9p per milewith effect from 1 April 2008
Exceeding 1,199 cc 58.7p per mile
Passenger Supplement
Where a Member of the Council conveys another Member or Members as passengers, an additional entitlement of 2.0p per mile per passenger may be claimed, subject to a maximum of 4 passengers. Mileage claims should state clearly the names of Members carried as passengers, to enable the entitlement to be correctly paid, and the precise mileage over which passengers were carried.
OTHER TRAVELLING EXPENSES
The relevant regulations provide for a scale of motor cycle allowances, and provisions exist for payment towards the costs of public transport, taxis, and other hire vehicles in certain circumstances. Full details are available from the Financial Section.
SUBSISTENCE ALLOWANCES
Rates of Subsistence Allowance, and provisions relating thereto
1.(1)The rate of subsistence allowance shall not exceed:
(a)in the case of an absence, not involving an absence overnight, from the usual place of residence (rates applicable from 1.4.2006);
(i)of more than 4 hours, or where the authority permits, a lesser period, before 11 am, (breakfast allowance), £6.55;
(ii)of more than 4 hours, or where the authority permits, a lesser period, including the period between 12 noon and 2 pm, (lunch allowance), £9.06;
(iii)of more than 4 hours, or where the authority permits, a lesser period, including the period 3 pm to 6 pm, (tea allowance), £3.56;
(iv)of more than 4 hours, or where the authority permits, a lesser period, ending after 7 pm, (evening meal allowance), £11.20;
(b)in the case of an absence overnight from the usual place of residence £93.88 and for such an absence overnight in London, or for the purposes of attendance at an annual conference (including or not including an annual meeting) of the Local Government Association or such other association of bodies as the Secretaries of State may for the time being approve for the purpose, £107.07.
(2)For the purposes of this paragraph, London means the City of London and the London boroughs of Camden, Greenwich, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth and Westminster.
2.Any rate determined under paragraph 1(b) above shall be deemed to cover a continuous period of absence of 24 hours.
3.The rates specified in paragraph 1 above shall be reduced by an appropriate amount in respect of any meal provided free of charge by an authority or body in respect of the meal or the period to which the allowance relates.
4.(1)Where main meals (i.e. breakfast, lunch or dinner) are taken on trains during a period for which there is an entitlement to a day subsistence allowance, the reasonable cost of the meals (including VAT), may be reimbursed in full, within the limits specified below. In such circumstances, reimbursement for the reasonable cost of a meal would replace the entitlement to the day subsistence allowance for the appropriate meal period.
(2)The limitations on reimbursement are:
(a)for breakfast, an absence of more than 4 hours, or where the authority permits, a lesser period, before 11 am;
(b)for lunch, an absence of more than 4 hours, or where the authority permits, a lesser period, including the period between 12 noon and 2pm;
(c)for dinner, an absence of more than 4 hours, or where the authority permits, a lesser period, ending after 7 pm.
5.The subsistence allowances shall be uplifted for the following financial year using the Retail Price Index Inflation rate as at January of the current financial year.
BROADBAND
From 1st April 2006 payment will be made to members who provide their own broadband connection, up to the cost of the Council provided service (£14.99 per month).
TAX AND NATIONAL INSURANCE
The Inland Revenue (IR) and Contributions Agency (CA) carried out investigations in a number of Councils throughout the Country relating to the payment of various allowances. These included Elected Member Allowances, Subsistence Allowances and payments for business telephone calls, etc. As a result of these investigations, the IR and CA are taking the view that such allowances are taxable and subject to National Insurance Contributions unless evidence can be produced to show that payments are for reimbursement for costs incurred by a Member. By ‘evidence’ the IR and CA are insisting that certified receipts or other checkable records are necessary.
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Amendment No. 1