Councillors Handbook and Allowances Guide
- Allowances Payable
- Definition of Approved Duties
- General Conditions Relating to Travelling and Subsistence
- Claim Forms
- Members Appointed to Other Bodies
- Telephone Allowances
- Income Tax, Pensions, Insurance and Social Security
- Sick Pay
- Members' Surgeries
- Appendices
Allowances Payable
The Local Authorities (Members' Allowances) (England) Regulations 2003 require that an authority shall make a scheme in respect of the succeeding financial year on or before 31 March each year. The scheme may be amended at any time but may only be revoked with effect from the beginning of a year. Under these regulations Councils are required to establish and maintain an independent remuneration panel to provide the local authority with advice on its scheme and the amounts to be paid. Local authorities must have regard to this advice. The Local Authorities (Members’ Allowances) (England) (Amendment) regulations 2003 require that a scheme shall be made in accordance with these regulations on or prior to 31st December 2003. The prescribed components of the County Council Scheme are as follows.Basic Allowance
Payable to each Member of the authority who is a County Councillor. Where the term of office of a Councillor begins or ends otherwise than at the beginning or end of a financial year the amount of basic allowance due is calculated by dividing the number of days in office by the number of days in a year then multiplying by the annual basic allowance.Basic Allowance is intended to recognise the time commitment of all Councillors, including such inevitable calls on their time as meeting with officers and constituents and attendance at political group meetings. It is also intended to cover incidental costs such as the use of their homes. The allowance is also intended to cover the cost of meals and other incidental expenses incurred within the region.
The amount per Member from 1 April 2006 is £10,521 per annum and is to be paid at £876.75 per month.
Special Responsibility Allowance
Payable to Members of the Council specified in the Scheme who have special responsibilities. Where a Councillor takes up or relinquishes any special responsibility otherwise than at the beginning or end of the financial year the amount of special responsibility allowance payable is calculated by dividing the number of days performing Special Responsibility Allowance by the number of days in year then multiplying the annual special responsibility allowance.No Member can receive more than one Special Responsibility Allowance.
The amounts currently payable are shown in Appendix A.
Co-optees Allowances
Payable to the Chairman of the Standards Committee at the same rate as a Chairman’s Allowance. Where the term of office begins or ends otherwise than at the beginning or end of a financial year the amount of Co-optees Allowance is calculated by dividing the number of days in office by the number of days in a year and then multiplying the annual co-optees allowance.Scheme Amendments
The amounts specified in paragraph 4 and Appendix A are subject to an annual uprating on 1st April each year. This uprating shall equate to the annual percentage increase in employees pay under the National Joint Council’s (Single Status) pay structure.Forgoing allowances
A member may, by notice in writing given to the Director of Corporate Services, elect to forgo any part of his/her entitlement to an allowance under this scheme.Co-opted Members
Co-opted Members (including Parent Governor Representatives) are entitled to claim travelling allowance at the rates given in Appendix C. This allowance is taxable. A claim form should be completed and forwarded to the County Treasurer as soon as practicable after the duty has been performed. Payment for claims received by noon on Monday will be posted on Wednesday of that week with cheques being dated Thursday and bank credits being dated Friday.Dependant Carers' Allowance
A dependant carers’ allowance is payable at a rate not exceeding £4.85 an hour to those Councillors who incur expenditure for the care of dependent relatives or children whilst undertaking approved duties. “Approved duties” are specified in the Regulations and are as follows:- A meeting of the executive.
- A meeting of the authority.
- A meeting of a committee or sub-committee of the authority.
- A meeting of some other body to which the authority make appointments or nominations, or
- A meeting of a committee or sub-committee of a body to which the authority make appointments or nominations.
- A meeting which has both been authorised by the authority, a committee, or sub-committee of the authority or a joint committee of the authority and one or more other authorities, or a sub-committee of a joint committee,
- And to which representatives of more than one political group have been invited (if the authority is divided into several political groups) or to which two or more councillors have been invited (if the authority is not divided into political groups)
- A meeting of a local authority association of which the authority is a member.
- Duties undertaken on behalf of the authority in pursuance of any standing order requiring a member or members to be present while tender documents are opened.
- Duties undertaken on behalf of the authority 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.
- Duties undertaken on behalf of the authority in connection with arrangements made by the authority for the attendance of pupils at a school approved for the purposes of section 342 of the Education Act 1996
Payment is claimable in respect of children aged 16 or under and in respect of other dependants where there is medical or social work evidence that care is required. Evidence would take the form of a letter from a doctor or social worker stating the maximum time that the dependant could be left without care.
The allowance is paid against actual expenditure evidenced by receipts.
The allowance is not payable to a member of the claimant’s household.
The maximum rate payable will be increased each October in line with the national minimum wage.
Definition of Approved Duties
Travelling and Subsistence Allowances
Payable in respect of expenditure incurred in the performance of approved duties. Subsistence allowance is not payable for duties performed within the boundaries of the counties of Durham (including Darlington) and Northumberland, and the former administrative counties of Tyne & Wear and Cleveland.
The definition of an approved duty is as follows:
(a) A meeting of the County Council or of the Cabinet or of any committee, or sub-committee or Member Area Panel of the County Council, or of any body to which the County Council makes appointments or nominations, or of any committee or sub-committee of such a body. A list of bodies covered by this paragraph is given in Appendix D. A number of such bodies operate their own schemes of allowances. A list of these is given at Appendix F.
(b) Any other meeting the holding of which is authorised by the County Council, a committee or sub-committee of the County Council, or a joint committee of the County Council and one or more other authorities, or a sub-committee of such a joint committee, provided that it is a meeting to which Members of at least two political groups have been invited. Under this paragraph attendance at the following Working Groups, Working Parties and Panels will be eligible:
- County of Durham School Benevolent Fund
- Education Joint Consultative Working Party
- Guardian ad Litem and Reporting Officers' Panel
- Local Transport Plan Steering Group
(c) A meeting of any association of authorities of which the County Council is a member.
(d) Duties undertaken on behalf of the County Council in pursuance of any standing order requiring a member or members to be present while tender documents are opened.
(e) The performance of any duty in connection with arrangements made by the County Council 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.
(f) Any other duty approved by the County Council in connection with the discharge of the functions of the Council or of any of its committees or sub-committees including the making of official and courtesy visits on behalf of the authority. Tasks so approved are shown below:
(i) Attendance at rota visits. (see Appendix B, paragraph 9).
(ii) Attendance by County Councillors at County Hall to read official papers and deal with correspondence. (Note: Members are required to sign the Attendance Book on such occasions).
(iii) Attendance by chairmen and vice-chairmen of committees and sub-committees at pre-meeting discussions with officers.
(iv) Attendance at a meeting to which the Member is invited whether as chairman, vice-chairman or otherwise, by or on behalf of the Chief Executive, the Director of Corporate and Legal Services or another chief officer to discuss matters or consider issues relating to the functions of the County Council, including meetings with third parties such as government departments, statutory bodies, other local authorities, trade unions and the public.
(v) Attendance at press conferences to which the Member is invited by the Director of Corporate and Legal Services in consultation with the appropriate chairman or vice-chairman.
(vi) Attendance by a Member at the request of the Commission for Local Administration in England, for interview by an officer of the Commission in relation to a complaint against the County Council.
(vii) Attendance at a meeting with the appropriate officer(s) of any of the bodies listed in Appendix D to which the Member is invited by the body, or attendance at a meeting with third parties when representing the body by virtue of his or her position as chairman or vice-chairman of the body or one of its committees or sub-committees, the purpose of his or her attendance being to discuss matters arising for the purpose of or in connection with the functions of the body.
(viii) Attendances at conferences or meetings held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.
(ix) Official openings of County Council establishments, Developments and Exhibitions at the invitation of the appropriate Chief Officer in consultation with the Leader or Deputy Leader of the County Council. This is intended to cover situations where Members are required to perform a duty such as perform an opening ceremony, make a speech, give prizes etc. Courtesy invitations issued to several or all Members are functions which do not qualify for payment. Members are advised to seek guidance from appropriate Chief Officers.
Invitations from groups or bodies to attend meetings as a Local Member are not approved duties for the payment of travelling and subsistence allowances. These duties are constituency matters not connected with the discharge of the functions of the County Council.
Details of the travelling and subsistence allowances currently payable are shown in Appendix C.
General Conditions Relating to Travelling and Subsistence
Travelling to Conferences, Seminars, etc.
Members who in their capacity as a County Councillor receive an invitation directly to a conference, seminar etc. should, if they wish to attend, contact Heather Hirst or Suzanne Weston on 0191 383 3896 who will consult with the appropriate designated Member. All conferences, seminars etc. should be booked through Corporate Services.Out of Pocket Expenses
Subject to paragraph 17 the County Council will pay the cost of any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the County Council.
In the case of a visit within the United Kingdom, the amount paid under this section in respect of the expenses of any member of the County Council shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance if the making of the visit had been an approved duty of that member.
Groundrules for Travel
Groundrules for Members' Claims for Travel and Subsistence are set out in Appendix B.Deduction for Meals Provided
Where a meal is provided free of charge by the County Council or any other authority or body, the allowance for the meal provided cannot be claimed, i.e. breakfast, lunch dinner, etc. Where this occurs in a 24 hour period covered by overnight subsistence, the allowance for the meal should be deducted from the amount claimed.Meals on Trains
Members may claim full reimbursement of the reasonable cost (including VAT) of a main meal (full breakfast, lunch or dinner) taken on a train. Members wishing to claim must submit receipts. Where full reimbursement is claimed the allowance for the meal provided cannot also be claimed, i.e. breakfast, lunch, dinner, etc.Travel Outside the United Kingdom
Members may claim for reimbursement of reasonable expenses incurred. Receipts for all expenses must be submitted with any claim.Out of Pocket Expenses
Where the attendance fee for a course or conference includes accommodation and meals, an out-of-pocket expense allowance is payable in place of the normal subsistence allowances. The current rates are set out in Appendix C.Special Functions and Occasions
Elected Members on occasions are invited or feel it necessary to attend functions or occasions which have a social element. No allowances are paid to Members of the Council on these occasions unless the Member is undertaking the performance of a specific duty, e.g. making a speech or distributing prizes when travel and subsistence allowances may be paid. Courtesy invitations issued to several or all Members are functions which do not qualify for payments.Claim Forms
The attention of Members is drawn to the following points when completing a claim form:(a) The claim form should be completed in ink.
(b) Full details/description of an approved duty must be given [see column (8) on the claim form], e.g.
(i) if the reason for claiming travelling or subsistence allowances is a qualifying meeting, the full title of the meeting should be given;
(ii) for conferences, seminars, etc., full details must be given, including names of any officers involved, conference title and location, etc;
(iii) for rota visits, name of establishment visited should be provided.
Submission
For Members who have elected to receive travel and subsistence allowances weekly, claim forms should be completed and forwarded to the County Treasurer by noon on Monday to ensure payments can be made by cheque or bank credit on the succeeding Thursday and Friday respectively.For Members who have elected to receive travel and subsistence allowances monthly, claim forms should be completed and forwarded to the County Treasurer by noon on Thursday, two weeks prior to the week in which pay day falls. Pay day is the last Wednesday of the month unless this falls on the last day of the month, in which case pay day is the previous Wednesday. Members who have elected to be reimbursed monthly may, if they wish, submit claims on a weekly basis for convenience.
The Local Authorities (Members' Allowances) (England) Regulations 2003 prescribe that claims must be submitted within two months of the date of the meeting for which the claim is made.
Advances
In exceptional cases, the County Treasurer may arrange for an emergency advance.Avoidance of Duplication of Allowances
A councillor performing approved duties as a member of more than one body or becoming entitled to payments under any other legislation must ensure that only one claim is made for that duty.Witholding Allowances
Where a Member is suspended or partially suspended from his responsibilities or duties as a member of the County Council in accordance with Part III of the Local Government Act 2000 or regulations made under that Part, the part of basic and/or special responsibility allowance payable to him in respect of the period for which he is suspended or partially suspended shall be withheld by the County Council.Where payment of any allowance has already been made in respect of any period during which the member concerned is -
(a) Suspended or partially suspended from his responsibilities or duties as a member of the County Council in accordance with Part III of the Local Government Act 2000 or regulations made under that Part;
(b) Ceases to be a member of the County Council, or
(c) Is in any other way not entitled to receive the allowance in respect of that period, the County Council requires that such part of the allowance as relates to any such period be repaid to the County Council.
Members Appointed to Other Bodies
Special arrangements apply to Members who are appointed to certain bodies, such as the Local Government Association, the North East Regional Employers’ Organisation and the Association of North East Councils, which operate their own allowances schemes. Notes are attached in Appendices G to I which deal with the individual schemes. Attendance allowances payable under these schemes are in addition to the basic allowance from the County Council.Telephone Allowances
The County Council will reimburse Members the standard quarterly rental, i.e. the cost of a single telephone, excluding extensions or other equipment, plus VAT, provided that the Member agrees to have the telephone number and constituency inserted in the British Telecom telephone directory under 'Durham County Council'. British Telecom charge for this entry on the Member’s bill on a quarterly basis. The charge is paid by the County Council. Where a telephone line is shared, the reduced rental is reimbursable. The County Council also pays a calls allowance of 690 units per quarter, plus VAT, subject to the calls allowance not exceeding 75% of the calls bill.
Telephone accounts should be sent, as soon as received, to the County Treasurer, together with a remittance for the balance payable by the Member. The County Treasurer will then pay the full amount of the bill to British Telecom.
Where the County Council does not pay the telephone account but the Member wishes to claim the calls allowance, a photocopy of the quarterly British Telecom account should be forwarded to the County Treasurer's Department to claim payment of the appropriate amount.
Provision is made for Members to have the use of a computer in their homes. Where this is provided it is for the exclusive use of the Member for County Council business only. Accordingly, separate bills are issued by British Telecom. These should be sent by British Telecom direct to County Hall rather than to Members’ homes.
Income Tax, Pensions, Insurance and Social Security
Tax is payable on basic allowances, special responsibility allowance, attendance allowance payable by other bodies, dependant’s carers’ allowance and co-optees’ allowance. The Inland Revenue, Durham, is notified of all new Members. However, as Members’ circumstances vary, and their tax may be dealt with at other Inland Revenue offices, it is advisable for Members to make arrangements with their Tax Inspector for a tax code number to be allocated. Elements of the mileage allowance are also taxable. The County Council will make an annual return to the Inspector of Taxes on behalf of Members detailing miles travelled and mileage allowance paid. The Inspector of Taxes will amend individual Members' tax codes accordingly, based upon this information. A certificate, known as a P11D, will be issued to each Member by 6 July of the following tax year, giving details of the amount of taxable mileage allowance paid for any self assessment tax form he/she may be required to complete. Details of the taxable elements of mileage are shown in Appendix C.
Arrangements have been made with the Inland Revenue, Durham, for an allowance for expenses of office to be given to Durham County Councillors to offset against tax payable on Members' allowances. The allowance is currently £635.00 per annum.
The allowance will normally be granted automatically. Members who consider it appropriate to claim an expense allowance in excess of the allowance granted per annum should forward details to the Inland Revenue in Durham.
Pensions
All Members of the County Council are eligible to join the Local Government Pension Scheme. Both basic allowance and special responsibility allowance are counted for pension purposes.Members will not be admitted automatically to the pension scheme. They will need to apply individually to join.
The retirement age for a councillor is 70. Pension benefits are calculated by reference to career average pay not final salary. Councillor membership does not count towards calculating any other period of local government employment/LGPS membership. An eligible councillor is able to contribute to Additional Voluntary Contributions (AVCs) to enhance his pension benefits where appropriate.
Insurance
Members' Personal Accident Insurance
The County Council has arranged a personal accident insurance policy for its Members, which covers death or bodily injury sustained while engaged on official business. Benefits include compensation for permanent and temporary total and partial disablement, and damage to clothing or personal effects.In the event of any Member wishing to make a claim, the Insurance Officer should be contacted on telephone number Durham 0191 383 4268, so that arrangements can be made for the necessary claim form to be completed.
Members' Travel Insurance
The County Council has arranged travel insurance for its Members while travelling abroad on County Council business. Cover is provided for medical expenses, baggage, cash and personal public liability: details are available from the Insurance Officer on Durham (0191) 383 4268.National Insurance Contributions
National Insurance contributions are payable on all basic allowances, special responsibility allowances, attendance allowances payable by other bodies, plus elements of mileage allowances, provided the aggregate amount of these allowances reaches a lower earnings limit (currently £82.00 per week or £356.00 per month) and the Member is under state pension age. Members who are state pension age or over-60 for women, 65 for men – are not liable to pay National Insurance contributions provided confirmation is provided of their age in the form of a birth certificate or passport (originals only) which should be sighted by the Members’ Expenses Officer. Alternatively a certificate of non liability could be supplied by the local office of the Department of Work and Pensions. It is necessary to apply for a certificate and application forms are available from the County Treasurer.There is an annual maximum contribution liability for people with more than one job and, in some instances, Members in this position may be entitled to a refund of contributions; alternatively they may apply to the DWP to defer payment of contributions in their capacity as councillors.
Benefits
The National Insurance contributions paid by Members count towards the full range of contributory benefits, including statutory sick pay, state pensions, unemployment benefits, etc.Advice
Advice on contributions and benefits can be obtained from the local office of the Department of Work and Pensions.Sick Pay
Members who fall ill will receive their basic allowance and special responsibility allowance, as normal. As there is no deduction for being off sick, Statutory Sick Pay is not payable in addition to these allowances and it is not necessary to submit a self-certification of sickness form or a doctor’s sick note when you are ill.Members' Surgeries
The County Council has adopted a scheme for making suitable accommodation available for use by Members wishing to hold surgeries in their areas in their capacity as County Councillors. Members who wish to be provided with accommodation for a surgery should contact the appropriate office shown on the list kept in the Members' Library.
The scheme provides for such accommodation to be available free of charge not more than once a month. Any additional usage per month will be charged at the prevailing full rate applicable to the hire of a classroom. For details of the hire charge please contact the School and Governors Support Services office of the Education Department in County Hall.
Please note that attendances at surgeries Do Not qualify for travelling and subsistence, and other expenses such as advertising costs must be borne by the Members who incur them.
A list of all available premises is kept in the Members' Resource Centre, County Hall, Durham.
Appendices
The appendices referred to in this handbook can be viewed in the following PDF.
Appendices A to J (26 pages, 62kb)