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  Constitution

Part 6 - Members’ Allowances Scheme

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Contents

 

 


Ashford Borough Council Members' Allowances Scheme 

 

The Ashford Borough Council, in exercise of the powers conferred by the Local Authorities (Members Allowances) (England) Regulations 2003 has made the following Scheme after consideration of the advice and recommendations from the Independent Members’ Allowances Remuneration Panel.  The Panel first met on 9th and 10th August 2001 and has since reviewed the scheme in April 2002 on 3rd September 2003, 20th November 2008 and 18th January 2010.

 

In September 2001, on considering the recommendations of the Panel the Council agreed that the amounts would be phased in to allow for sufficient budgetary provision to be made.  The phasing was at 50% from the 1st August 2001, 67% from the 1st June 2002 and 100% from May 2003.  Subsequently at the Council meeting held on 20th February 2003 it was agreed that instead of going to 100% in May 2003, the basic allowance would be increased by £500 to £3,200 and the Special Responsibility Allowance by 3%.

 

The whole scheme, in particular Travel and Subsistence, was reviewed by the Panel on the 3rd September 2003 in the light of the new Members’ Allowances regulations and again on the 20th November 2008.

 

In January 2010 the Panel reviewed the list of approved duties for claiming allowances and again considered the levels paid to Members.

 

The Scheme may be cited as the Ashford Borough Council Members’ Allowances Scheme.  The original Scheme came into effect on the 1st August 2001.  The revised scheme, as detailed in this document, took effect from 1st January 2004.

 

In this Scheme:-

 

“Councillor” means a Member of the Ashford Borough Council who is a Councillor;

 

“Year” means the 12 months ending with the 31st March;

 

“Panel” means the Independent Members’ Allowances Remuneration Panel.

 

1. Basic Allowance

 

Subject to paragraph 6, in each year a Basic Allowance is to be paid to each Councillor as set out in Schedule 1 to the Scheme.  This is intended to cover a notional £240 per year for telephone calls related to Council activity on the part of Members, and other incidental expenses such as stationery and computer peripherals such as print cartridges.  Basic Allowance will be paid in the month it is due.

 

2. Special Responsibility Allowances (SRA)

 

Subject to paragraph 8, in each year, an SRA shall be paid to those Councillors who hold special responsibilities in relation to the authority that are set out in Schedule 1 to this Scheme.  SRA will be paid one month in arrears.

 

3. Approved Duties

 

Members are able to claim Travel and Subsistence and Dependant and Child Care Allowances in respect of their travel to and from:-

 

(a) meetings covered by the list of approved duties referred to in Schedule 2.

 

(b) meetings of outside bodies/organisations to which they have been appointed by the Council, as set out in Schedule 2.

 

(c) meetings with Officers in respect of matters relevant to their Committees etc. or external organisations/bodies subject to such meetings having been pre-arranged and not relating specifically to a Member’s Ward business or work.

 

(d) Meetings of a Full Parish/Town Council or Community Forum within the Member’s Ward or meetings of its Planning (Sub) Committee only, but only if the Member has a round trip of ten miles or more in order to attend.

 

Details of the rates for Travel and Subsistence Allowances are set out in Schedule 3 to this Scheme.

 

4. Dependent and Child Care Allowances

 

This Allowance is divided into two parts; namely child care and elderly/disabled care. In respect of child care, this Allowance is available to Members who are eligible at a rate of £5.50 per hour or other rate if supported by a receipt for up to a maximum of 15 hours per week that can include up to 5 hours per week for non-approved duties.  To claim this a Member will need to:

  • register that they have a dependent child living with them under the age of 14.
  • sign a statement which declares that the childcare has been provided by a babysitter and not paid to a member of the immediate family or household. This statement will be lodged with the Standards Committee.

 

With regard to the elderly and/or disabled care element of the Allowance, this is to be paid at a similar rate chargeable by the Kent County Council Social Services Department (at an agreed maximum set by the Council and/or its Officers) for provision of a Home Care Assistant.

 

To claim this, a Member will need to:-

  • register that they have an elderly/disabled person living with them.
  • sign a statement which declares that the care has been provided by a carer and not paid to a member of the immediate family or household.  This statement will be lodged with the Standards Committee.

 

NB:     In respect of these Allowances, a Member cannot claim for the employment of multiple carers for multiple dependants.

 

5. Co-Optees Allowance

 

Independent Members of the Standards Committee may claim a co-optees allowance of £25 per meeting, plus an additional payment of £25 each municipal year to cover travelling costs for training events.  Should an Independent Member be elected as Chairman of the Standards Committee, then that person will also be entitled to a Co-optees Allowance equivalent to that of the agreed SRA payable to the Chairman of the Standards Committee.

 

6. Provision of ICT – Members ICT Scheme

 

The following scheme is available to Members to support their use of Information Technology:-

  • For newly elected Members – a standard PC/laptop and printer will be provided by the ICT Section.
  • For re-elected Members whose equipment was supplied by the Borough Council and is beyond economical repair, or was sourced by themselves and they find beyond economical repair, will have the choice to either:-

              (i)   Claim a figure up to that of the cost of the standard PC/laptop configuration and printer issued to new 
              Members (currently set at £670), and which would be reimbursed on justification and submission of receipts 
              by the Members.

              (ii)  Choose to have the standard PC/laptop and printer as issued to newly elected Members by the ICT 
              Section.

 

To receive this Allowance or ICT equipment, Members must meet the following requirements:-

  • Members must have an e-mail address (either an ashford.gov.uk address or one supplied by their own ISP to be issued with equipment).
  • Those Members who wish to take up the option of remote access to the Council’s Extranet will be given an ashford.gov.uk email address.
  • The Members’ Basic Allowance is intended to fund the purchase of consumables etc, and for renewing anti-virus annual subscriptions.
  • Equipment supplied (or part funded) by Ashford Borough Council is intended to be used in whole or in part for Council business, and as such will be subject to an “acceptable use” Agreement.

 

Members should be mindful of the Council’s information security and data protection policies which aim to protect both individuals and the Council from the misuse of information.

 

How to Obtain Equipment or Claim Reimbursement

 

To proceed, Members should in the first instance, put their request in writing to Mr Robin Jones, ICT Technical Support Manager, and indicate whether a standard PC or laptop is required.  For re-elected Members to claim an amount up to £670 copies of receipts should be attached where appropriate. 

 

The ICT service will then send out copies of the Agreement, the information security policy and the data protection policy for signature.

 

Upon receipt of a signed Agreement, arrangements will be made to provide the equipment or reimburse by cheque an amount up to £670, subject to the submission of appropriate receipts and justification.  In order to obtain the best price, orders may be “batched” together and so on occasion there may be a slight delay in procurement.

 

If you have any queries concerning the Member ICT Scheme, please contact:

 

Mr Rob Neil, Head of Corporate ICT Services.  01233 330850  rob.neil@ashford.gov.uk

 

Mr Robin Jones, ICT Technical Support Manager.  01233 330577  robin.jones@ashford.gov.uk

 

7. Renunciation

 

A Councillor or an independent member of the Standards Committee may, by notice in writing given to the Proper Officer, elect to forego any part of his entitlement to an Allowance under this Scheme.

 

8. Part-Year Entitlements

 

The provisions of this paragraph shall have effect to regulate the entitlements of a Councillor to Basic and Special Responsibility Allowances where, in the course of a year, this Scheme is amended or the 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.

 

If an amendment to this Scheme changes the amount to which a Councillor is entitled by way of a Basic 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, or

 

(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 end of 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.

 

If an amendment to this Scheme changes the duties specified in Schedule 2 to this Scheme the payment of the amount of the Allowance under the Scheme shall be paid when the duty has been carried out.

 

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 shall be to the payment of such part of the Basic Allowance as bears to the whole the same proportion as the number of days during which the term of office subsists bears to the number of days in that year.

 

Where this Scheme is amended as mentioned in the second paragraph of this Section and the term of office of a Councillor does not subsist throughout the period mentioned in sub-paragraph (a), the entitlement of any such Councillor 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 sub-paragraph) as bears to the whole the same proportion as the number of days during which his/her term of office as a Councillor subsists bears to the number of days in that period.

 

Where a Councillor has during part of, but not throughout, a year such special responsibilities as entitle him/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 s/he has such special responsibilities bears to the number of days in that year.

 

Where this Scheme is amended as mentioned in the second paragraph of this section, and a Councillor has during part, but does not have throughout the whole, of any period mentioned in sub-paragraph (a) of that paragraph any such special responsibilities as entitle him/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 s/he has such special responsibilities bears to the number of days in that period.

 

9. Claims and Payments

 

Claims for Allowances under this Scheme shall be made in writing on the claim forms distributed each month. 

 

Claim forms do not have to be returned each month, but can be sent in a 'batch' if the Member wishes.  For example, a Member may only have very small travel allowance to claim, so these amounts could be added together.  The only requirement is, that claims must be made within one month of the end of the financial year to which the claims relate.

 

Claims for Allowances shall include, or be accompanied by, a statement signed by the Councillor that the claims are in respect of the performance of approved duties and are in accordance with the Members’ Allowances Scheme.

 

10. Payments Shall be Made

 

(a) in respect of Basic and Special Responsibility Allowances, subject to the following paragraph, in instalments of one-twelfth of the amount specified in this Scheme on the 20th day of each month;

 

(b) in respect of Travel, Subsistence, Dependent and Child Care Allowances, on the 20th day of each month in respect of claims received up to the 7th day of that month.

 

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, by virtue of paragraph 5, 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.

 

11. Councillors Tax Free Allowance

 

The Council has negotiated a tax-free allowance to set against tax to be deducted from Members Allowances.  This is for expenditure incurred for which a Member does receive an allowance from the Council, and you should keep a record of these expenses.  Currently this amount is set at £500.

 

If Members have any queries concerning their tax liability, they should contact Mr Carter at the Inland Revenue on (01227) 864965, quoting reference 579/B/EC/577/A488/DISP/TC, or write to him at the Inland Revenue Canterbury, Charter House, St George's Place, Canterbury, Kent CT1 1UG.

 

12. The Local Government Pension Scheme (LGPS)

 

The Panel did not consider this to be a priority at the present time and, as such, Members are not eligible to join the pension scheme.  This may, however, be of greater importance in the future and will be kept under review.

 

13. Annual Adjustment

 

In accordance with the regulations, the scheme allows for an annual adjustment for a four year period from the date of the last review.  With the following exceptions, the allowances will be linked to the annual cost of living rise as applied to staff at the Council:-

 

Travel rates for cars – these will be increased in-line with the Inland Revenue threshold.

 

Travel rates for motorbikes and Subsistence rates for breakfast, lunch, tea and dinner – these will be kept at the NJC rates (which also apply to Council Officers) which are updated at various intervals.

 

NB.     The annual adjustment does not apply to the ICT Allowance.

 


Schedule 1

Set out below are details of the amounts of Basic and Special Responsibility Allowances payable from the 1st April 2011

 

Allowance

Amount From 1st April 2011

(£)

Basic 4,292.28
Leader 14,040.52
Deputy Leader 9,350.99
Other Cabinet Members 7,020.26
Chairmen of Overview and Scrutiny 5,616.21
Vice-Chairmen of Overview and Scrutiny 1,872.07
Chairman of Audit Committee 4,680.17

Vice-Chairman of Audit Committee

1,560.06
Chairman of Planning

5,616.21

Vice-Chairman of Planning 1,872.07
Chairman of Policy Advisory Groups/Community Partnership Group 2,808.10
Vice-Chairman of Policy Advisory Groups/Community Partnership Group 936.03
Chairman of Licensing and Health and Safety 1,404.05
Chairman of Standards

1,404.05

Chairman/Vice-Chairman of Joint Transportation Board (whichever is held by the Ashford Borough Council Member)

1,404.05
Chairman of Overview and Scrutiny and Policy Advisory Group Task Groups

50.00

per Task Group

Group Leaders

220.12

per Member

 

 

NOTE: The pre-requisite for paying a Special Responsibility Allowance to a Group Leader is that the Group concerned must have a minimum of 2 members.

 


Schedule 2

Approved Duties

 

1.1 Attendance at all meetings of the Council, and the Executive.

 

1.2 Attendance at meetings of Committees, Sub-Committees, Forums, Policy Advisory Groups, Groups and Boards subject to one of the following criteria being met

 

      (a) to which the Member has been appointed to.

 

      (b) at the invitation of the meeting or its Chairman when matters particularly affecting the Member’s Ward are to be
      considered or when a Member’s personal knowledge or experience is likely to be of benefit.

 

      (c) a newly elected Member, in his/her first year of office, for induction/training purposes.

 

      N.B.  Ward Members attending to give their views at Planning Committee Meetings will not be
      entitled to claim travel

 

1.3 Attendance:-

 

      (a) in pursuance of any Rules of Procedure requiring a Member or Members to be present at which tender
      documents are opened.

 

      (b) 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 authorise the inspection of premises.

 

      (c) in connection with arrangements made by the authority for the attendance of pupils at a school approved for
      the purposes of Section 188 (Special Schools) of the Education Act 1993.

 

1.4 Attendance at any meetings with any other authorities concerned with the discharge of the Council's functions whether such meetings are organised on an ad-hoc basis or are part of a permanent liaison arrangement, provided in the case of ad-hoc meetings that such attendance has first been authorised by the authority.

 

1.5 Attendance at meetings pursuant to any Joint Arrangements with another or other local authorities whether appointed or established under the Local Government Act 2000 or any other enactment.

 

1.6 Attendance at any meeting with any Government department or any other meeting authorised by the Council, the Executive, any Committee or Sub-Committee to which representatives of more than one political group have been invited.

 

1.7 Attendance at meetings of other bodies prescribed from time to time by the Secretary of State for the purposes of Section 177(2)(c) of the Local Government Act 1972, and on which bodies the Council is represented, such as universities and university courts.

 

1.8 Attendance at meetings of the Local Government Association or of its Committees and Sub-Committees at National and/or County Branch level.

 

1.9 Attendance by Members at the Local Government Association’s Annual Conference.

 

1.10 Attendance at training events and Best Value Review Meetings.

 

1.11 In the case of ad-hoc meetings, the Head of Legal and Democratic Services has delegated authority to decide whether or not it is an approved duty (i.e. whether allowances can be claimed).  Members are asked to seek advice prior to attending such meetings.

 

1.12 Attendance by a Councillor at meetings of the following organisations / bodies to which they have been appointed:-

 

1.   Action With Communities in Rural Kent

2.   Alzheimer’s Society – Ashford & Shepway Branch

3.   Ashford Almshouses Charities

4.   Ashford Choral Society

5.   Ashford Community Arts Trust

6.   Ashford Crime and Disorder Reduction Partnership

7.   Ashford Federation of the Arts

8.   Ashford’s Future Delivery Board

9.   Ashford’s Future SPV Board

10. Ashford Home Improvement Agency Support Group

11. Ashford Leisure Trust

12. Ashford Mediation Service – Management Committee

13. Ashford (Kent) Old People’s Welfare Committee

14. Ashford Parochial Charities

15. Ashford Partnership

16. Ashford Sure Start (Fifth Wave) Partnership

17. Ashford Town Centre Partnership:        Environment Working Group

                                                                      Management Board

                                                                      Marketing and Promotions Working Group

                                                                      Transport Working Group

18. Ashford Winkle Club

19. Ashford Youth Centres Trust

20. Ashford Youth Forum

21. Bockhanger Community Trust

22. Citizens’ Advice Bureau Ashford Branch Management Committee

23. Citizens’ Advice Bureau Tenterden Branch Management Committee

24. Citizens Rights for Older People

25. Dungeness Power Station Site Stakeholder Group

26. East Kent Hospitals University NHS Foundation Trust

27. Elwick Club

28. Headcorn Aerodrome Consultative Committee

29. High Weald (ANOB) Joint Advisory Group

30. Home Start, Ashford Management Committee

31. Kennington Parochial Charities

32. Kent County Forum for Sport

33. Kent County Playing Fields Association

34. Kent Downs Area of Outstanding Natural Beauty – Joint Advisory Committee

35. Kent Education Local Member Briefings

36. Leaders/Chief Executives Forum (formerly KALA)

37. Local Government Association:- General Assembly, Urban Commission and Rural Commission

38. Mid Kent Downs (AONB) Advisory Group

39. National Council on Inland Transport – Executive Committee

40. Parochial Church Council of St Mary the Virgin Ashford Arts and Arts Development Sub-Committee

41. Patrol Adjudication Service - Joint Committee

42. Relate East Kent (Marriage Guidance Council)

43. River Stour Internal Drainage Board

44. Romney Marshes Area Internal Drainage Board

45. Rural Development Area – Strategic Panel

46. Sandyacres Trust

47. Singleton Environmental Centre Management Advisory Board

48. South Ashford Youth Club – Management Committee

49. Soth East Employers

50. South East England Councils

51. Supporting People Commissioning Body

52. Swan Centre Site Management Committee

53. Tenterden Folk Day Trust

54. Tenterden Leisure Centre Trust

55. Tourism South East Council

56. Volunteering Ashford

57. Willesborough Charities

58. Willesborough Windmill Trust Limited

59. Wye Rural Museum Trust

 

Travel and Subsistence Allowances can be paid to Members attending a full Parish/ Town Council or Community Forum meeting within the Ward which he or she represents or meetings of its Planning (Sub) Committee, but only if the Member has a round trip of ten miles or more in order to attend.


Schedule 3

Travel And Subsistence Allowances

 

1. Travel Allowance

 

(a) Private Vehicle Allowance

 

Motor Vehicles Allowance Amount Payable Per Mile
451-999cc 36.4p
1000cc and above

40.p

(To be increased in-line with the Inland Revenue threshold)

Motorbike 24p

 

(b) Passengers

 

If passengers otherwise entitled to Travel Allowance are carried, the vehicle’s owner may be paid for each such passenger up to four

27.3p

 

(c) Bicycle Allowance – 20 pence per mile

 

(d) Train or Bus - actual fare, but not first class rail travel (Minute No 93/7/10)

 

(e) Taxi - actual fare plus gratuity subject to the following:-

 

The Council's policy is that taxis should only be used in the case of urgency or where no other transport is reasonably available.

 

2. Subsistence Allowances

 

In the case of an absence from normal residence, other than an overnight absence from home, Subsistence Allowance is payable as follows:-

 

Subsistence Allowance
For more than 4 hours before 11.00am

£6.00 (Breakfast Allowance)

(£8.00 if in a hotel and not included on room price)

For more than 4 hours including lunch-time

between noon and 2.00pm

£8.35 (Lunch Allowance)

(£12.00 in London)

For more than 4 hours ending after 7.00pm

£10.50 (Evening meal Allowance)

(£12.50 (£15 in London) if in a hotel and not included on room price)

In the case of an overnight absence* £70.00 per night
For an overnight absence in Central London or at LGA conference* £100.00 per night

 

*NB. this allowance should be available where the need for accommodation is not foreseen.  Where the need for accommodation is known beforehand, this should be booked through Member Services. The value of free meals must be deducted from the Allowance,

 

Next - Part 7 - Management Structure

This webpage was updated on 6/20/2011

 

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