Members' Allowance Scheme
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Lancashire County Council's Members' Allowance Scheme is as follows.
- Background
- Scheme Definitions
- Allowances General
- Basic Allowance
- Special Responsibility Allowance
- Dependants' Carer's Allowance
- Co-opted Members' Allowance
- Travelling Allowances
- Renunciation
- Adjustments to Entitlements in Year
- Submission of Claims
- Payment of Allowances
- Scheme Amendments
- General Information
- Schedule's 'A' to 'E'
Background
1. Lancashire County Council, in exercise of the powers conferred by the Local Authorities (Members' Allowances) (England) Regulations 2003, hereby makes the following Scheme.
2. This Scheme shall have effect for the period 1 April 2024 to 31 March 2025 and subsequent years.
3. The Council is required to convene a panel of independent persons, the Independent Remuneration Panel, and have regard to its recommendations on the allowances that are paid.
4. Each year the Council has to publish details of its Scheme, and the amounts paid to each councillor under the Scheme. The record is open to inspection by any local government elector for the Council’s area during normal working hours, and electors are entitled to make a copy of any part of the record.
Scheme Definitions
5. In this Scheme:
a) "Councillor" means an elected member of Lancashire County Council.
b) “Co-opted member” means a person other than a councillor who is appointed to serve on a Council committee, sub-committee or board.
c) "Year" means the twelve months commencing 1st April.
d) “Meetings” means a meeting of the Full Council or a body of members formally established by the Full Council, the Leader of the County Council, the Cabinet or a Council committee.
e) "Regulations" means the Local Authorities (Members' Allowances) (England) Regulations 2003.
Allowances General
6. The main allowances which are provided for in this Scheme are as follows:
a) Basic Allowance
b) Special Responsibility Allowance
c) Dependants' Carer's Allowance
d) Travelling Allowances
7. The Allowances shall be increased annually in accordance with paragraphs 41 to 43 of this Scheme.
8. For the avoidance of doubt, attendance and subsistence allowances are not payable under this Scheme.
Basic Allowance
9. Subject to paragraphs 28 to 33, a basic Annual Allowance shall be paid to every councillor.
10. The amount of the Basic Allowance is set out in Schedule 'A' of this Scheme.
11. This allowance is paid monthly and is intended to recognise the time commitment of all councillors including such inevitable calls on their time as meetings with Council officers and constituents, and attendance at political group meetings. It is also intended to cover incidental costs such as the use of councillors’ homes.
Special Responsibility Allowance
12. Subject to paragraphs 28 to 33, each councillor or co-opted member who holds a special responsibility as defined within the Regulations and specified within this Scheme, will receive a Special Responsibility Allowance.
13. The amount of the Special Responsibility Allowance is set out in Schedule 'B' of this Scheme.
14. Special Responsibility Allowances are paid monthly.
15. There is no statutory limit on the number of Special Responsibility Allowances which may be paid to a councillor. However, the Council on the recommendation of its Independent Remuneration Panel has agreed that a councillor may not receive more than one Special Responsibility Allowance.
16. Where members of authority are divided into at least two political groups and a majority of members belong to the same political group (the controlling group), a Special Responsibility Allowance shall be paid to at least one person who is not a member of the controlling group and who has special responsibilities.
Dependants' Carer's Allowance
17. Subject to paragraphs 18 and 19, a Dependants' Carer's Allowance may be claimed in respect of named children aged 16 or under or in respect of other named dependants where there is medical or social evidence that care is required.
18. Payment of Dependants' Carer's Allowance shall:
a) Be based on actual receipted expenditure subject to a maximum hourly rate and a maximum annual allowance, as specified in Schedule ‘A’ of this Scheme;
b) Not be made where a councillor already receives a carer’s allowance from the Department for Works and Pensions;
c) Not be payable where the carer is a parent or is a member of the household; and
d) Not be payable unless the carer has been cleared by the Disclosure and Barring Service.
19. The Dependants' Carer's Allowance may be claimed where the actual expenditure has been incurred in connection with the Approved Duties as detailed in Schedule ‘D’ of this Scheme.
Co-opted Members' Allowance
20. Co-opted members may claim travel expenses they have actually and necessarily incurred in the performance of an Approved Duty as defined in Schedule ‘D’ of the Scheme.
21. For the avoidance of doubt, the provisions of paragraphs 28 to 33 shall apply to co-opted members' allowances.
Travelling Allowances
22. A councillor, including the Chair and Vice-Chair of the Council and co-opted members, shall be entitled to receive Travelling Allowances for journeys made within the county of Lancashire only. Travelling Allowances will only be paid for journeys made beyond Lancashire in exceptional circumstances, which shall be approved by the Cabinet Member with responsibility for Members' Allowances (see Schedule 'E' of this Scheme).
23. Subject to paragraph 22, a councillor, including the Chair and Vice-Chair of the Council and co-opted members, shall be entitled to receive Travelling Allowances at the rates specified in Schedule 'C' of this Scheme.
24. Appropriate receipts must be obtained and retained in respect of any claims made by a councillor or co-opted member for the reimbursement of public transport and taxi fares (see Schedule 'E' of this Scheme), car parking fees and other incidental expenses.
25. Receipts must be retained for three years following the financial year in which the expenses were incurred.
26. A councillor or co-opted member must produce their receipts if required by claim processing officers, as well as internal or external auditors.
27. Each councillor or co-opted member shall agree with the Monitoring Officer a fixed mileage for journeys between their home address and County Hall, Preston for the purpose of verifying travel expense claims. The schedule of agreed and approved mileages will be updated following the Monitoring Officer being notified of a change of address.
Renunciation
28. A councillor may, by notice in writing to the Chief Executive, elect to forego all or part of any allowance they may be entitled to under this Scheme. Such a notice can subsequently be withdrawn or amended non-retrospectively.
Adjustments to Entitlements in Year
29. The provisions of this paragraph apply in relation to the entitlement of a councillor to allowances where, in the course of a year:
a) The Scheme is amended;
b) A person becomes, or ceases to be, a councillor;
c) A councillor accepts or relinquishes a special responsibility in respect of which a Special Responsibility Allowance is payable; or
d) A councillor is suspended or partially suspended from their responsibilities or duties as a member of the County Council.
30. If, during the year, the Scheme is amended and this results in a change to a councillor’s entitlement to their Special Responsibility Allowance and/or Basic Allowance, the actual annual entitlement shall be based on:
a) A proportion of the original annual allowance based on the number of days up to the date of amendment; plus
b) A proportion of the revised annual allowance based on the number of days from the date of amendment.
31. When the term of office of a councillor either begins and/or ends during the course of a year, their entitlement to the Basic Allowance shall be based on the number of days in office during that year. Similar pro rata entitlements will apply in situations where the Basic Allowance is amended under paragraph 30.
32. Where, for a part of the year, a councillor has such special responsibilities as specified in this Scheme, their entitlement to a Special Responsibility Allowance shall be based on the number of days during that year that the councillor has held such special responsibilities, such entitlement being pro rata to a full year. Similar pro rata entitlement will apply in situations where Special Responsibility Allowances have been amended under paragraph 30.
33. Where a councillor is suspended or partially suspended from their 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 the Basic, Special Responsibility, and Travel Allowances payable in respect of the period of suspension may be withheld by the Council.
Submission of Claims
33. Separately, individual claims for Dependants' Carer's Allowances and Travel Allowances shall be made on a monthly basis and shall be submitted to Democratic Services on or before the fourth day of each month. This applies especially to year end claims (i.e. claims for allowances for duties performed up to and including 31 March each year). Claims submitted after 31 May for the preceding financial year will not be accepted.
34. Claims must be submitted via the electronic Members’ Allowances System as soon as possible at the end of each month. Claims may be submitted by non-electronic means (by an agreed paper-based method) only in exceptional circumstances approved by the Monitoring Officer.
35. Claims must be submitted within two months of the period to which they relate or a payment will not be made unless it is approved by the Chief Executive and good cause having been shown by the member submitting the late claim.
36. Each claim shall provide details of the duties undertaken together with adequate supporting information in relation to claims for travel. Such information must include the place and time for both the start and finish of each claim.
37. Each claim shall be certified by the councillor or co-opted member that they have actually and necessarily incurred the expenditure claimed in the performance of Approved Duties (as defined in Schedule 'D' of this Scheme) and that they will not make any other claim in respect of that expenditure other than under this Scheme.
Payment of Allowances
38. Payments of the Basic Allowance and a Special Responsibility Allowance shall be made monthly on the last working day of each month.
39. Claims for Dependants' Carer's and Travel Allowances which are received by Democratic Services on or before the fourth day of each month shall be paid on the last working day of that month.
40. The monthly amount payable in respect of the Basic Allowance and a Special Responsibility Allowance shall be one-twelfth of the annual allowance(s) specified in this Scheme and subject to paragraphs 28 to 33.
Scheme Amendments
41. The amounts of the Basic Allowance, Special Responsibility Allowance, Dependant's Carer's Allowance and Council's Chair/Vice-Chair Allowance, as specified in Schedule 'A' of this Scheme, are subject to an annual increase on 1 April. This increase shall equate to the annual percentage increase in employees’ pay under the National Joint Council for Local Government Services pay structure. Where an annual percentage increase is not agreed, the matter of an annual increase shall be referred to the Independent Remuneration Panel for consideration.
42. Overnight Accommodation and Travel Abroad Allowances shall be increased annually with effect from 1 April in every year in line with the Consumer Price Index published in November of the preceding year.
43. Motor car, motorcycle, and bicycle Travelling Allowances shall be revised annually with effect from 1 April in every year in accordance with the maximum allowance for Income Tax purposes as determined by HM Revenue and Customs.
General Information
44. Schedule 'E' of this Scheme contains additional background information and supporting guidance to the Scheme, including:
a) Contacts, Enquiries and Other General Matters
b) Travel Allowances
c) Taxation
d) National Insurance
e) Insurance Arrangements
Schedule's 'A' to 'E'
Schedule 'A' - Allowances
View Schedule 'A' - Allowances of the members allowance scheme.
Schedule 'B' - Special Responsibility Allowances
View Schedule 'B' - Special Responsibility Allowances of the members allowance scheme.
Schedule 'C' – Travelling Allowances
View Schedule 'C' – Travelling Allowances of the members allowance scheme.
Schedule 'D' – Approved Duties
View Schedule 'D' – Approved Duties of the members allowance scheme.
Schedule 'E' – Supporting Guidance
View Schedule 'E' – Supporting Guidance of the members allowance scheme.