Members Allowance Scheme

The Wigan Borough Council in exercise of the powers conferred by the Local Authorities (Members’ Allowances) (England) Regulations 2003 hereby amends its Members Allowance Scheme.

1. This Scheme shall take effect from 6th September 2006.

2. In this Scheme:-

(a) “Councillor” means an Elected Member of the Wigan Borough Council, an Independent Member of the Council’s Standards Committee or Audit Governance and Improvement Review Committee.

(b) “Year” means the twelve-month period ending on the date of the Annual Council Meeting.

(c) “Suspended” means suspended in accordance with Part III of the Local Government Act 2000 or Regulations made thereunder.

3. Basic Allowance

(a) For each year a basic allowance of £10,985 shall be paid to each Councillor (£11,256.88 with effect from 16th May 2007).

(b) The Basic Allowance shall be uplifted annually by the same rate as the National Joint Committee annual local government pay percentage as agreed each April, to be implemented the following May at the Council AGM.

(c) The calculation of any basic responsibility allowance shall be subject to paragraph 9.

4. Special Responsibility Allowances

(a) For each year a Special Responsibility Allowance shall be paid to those Councillors who hold the special responsibilities in relation to the Council that are specified in Column 1 to Part A of Schedule I to this Scheme and at the amounts set in column 3.

(b) The amount specified in Column 3 to Part A of Schedule I shall be uplifted annually by the same rate as the National Joint Committee annual local government pay percentage as agreed each April, to be implemented the following May at the Council AGM.

(c) The calculation of any special responsibility allowance shall be subject to paragraph 9.

(d) A Councillor who holds more than one special responsibility for which a special responsibility allowance is payable shall be paid one special responsibility allowance only and that shall be the highest of the relevant special responsibility allowances to which the Councillor is entitled. For the purposes of this calculation the allowance for Mayoral (or Deputy) expenses shall be ignored.

5. Co-Optees Allowances

(a) For each year a Co-Optees Allowance shall be paid to those Co-Opted Councillors that are specified in Column 1 to Part B of Schedule 1 to this Scheme.

(b) The Co-Optees Allowances for each responsibility specified in Column 1 of Part B of Schedule 1 shall be the amount specified in Column 2 to Part B of Schedule 1.

(c) The amount specified in Column 2 to Part B of Schedule 1 shall be uplifted annually by the same rate as the annual National Joint Committee local government pay percentage as agreed each April, to be implemented the following May at the Council AGM.

(d) The calculation of any Co-Optees Allowance shall be subject to paragraph 9.

6. Dependants Care Allowance

(a) The Council shall pay a Carers Allowance equal to the expenditure actually incurred by the Councillor up to a maximum of £5.05 per hour for up to 20 hours per week for the care of dependant children, and £7.30 per hour (linked to the charge for the provision of a Home Care Assistant as determined by the Council or Director of Adult Services) for elderly people or people with disabilities.

(b) The Allowance shall only be paid when the Councillor is undertaking the duties specified in Regulation 7 of the Local Authorities (Members’ Allowances) (England) Regulations 2003. Those are set out in Schedule 2.

(c) No Allowance shall be paid where the care is undertaken by a member of the Councillor’s own household. A Member cannot claim for multiple carers for multiple dependents within the same category of care.

(d) The maximum hourly rate of £5.05 shall be uplifted annually in line with the minimum wage or the average national earnings whichever is the greater. The cost of Home Care Assistant shall be reviewed annually.

7. Travelling and Subsistence Allowance

(a) The Council shall pay a Travelling and Subsistence Allowance in accordance with the rates specified in “Allowances for Members of Local Authorities and Similar Bodies LGR 61/1/20 13th April 2001 “– save that the motor vehicle mileage rate be restricted to the lower two cc bands of the casual allowance rate specified for officers of the Council.

(b) The Allowance shall only be paid when the Councillor is undertaking the duties specified in Regulation 8 of the Local Authorities (Members Allowances) (England) Regulations 2003. Those are set out in Schedule 2.

(c) The Allowance shall be uplifted annually in line with the Travel and Subsistence Rates paid to Council officers.

8. Renunciation, Repayment and Withholding of Allowances

(a) A Councillor may by notice in writing given to the Service Director - Corporate Services elect to forego any part of his entitlement to an allowance under this Scheme.

(b) Where a Councillor is Suspended in full his/her Basic, Special Responsibility and Travel and Subsistence Allowances shall not be payable for the period of the suspension. If the Allowances have been paid the Councillor shall reimburse the Council in full.

(c) Where a Councillor is Suspended from a function, duty or responsibility for which a Special Responsibility Allowance is payable the Special Responsibility Allowance shall not be payable for the period of the suspension. If the Special Responsibility Allowance has been paid the Councillor shall reimburse the Council in full.

(d) Where a Councillor is Suspended from a right, function, duty or responsibility not attracting a Special Responsibility Allowance then the Council’s Standards Committee shall recommend whether and if so what proportion of the Basic Allowance shall not be payable for the period of the suspension. The proportion of the Basic Allowance shall cease to be payable on the date of the recommendation of the Standards Committee and if such proportion has been paid the Councillor shall reimburse the Council in full.

9. Part Year Entitlements

(a) The provisions of this paragraph shall have effect to regulate the entitlements of a Councillor to Basic Allowance, Special Responsibility Allowance and Co-Optees Allowance 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;

(b) If an amendment to this Scheme changes the amount to which a Councillor is entitled by way of Basic Allowance, a Special Responsibility Allowance or Co-Optees Allowance then the Council may determine that the change shall be backdated to such date as the Council may determine. If the Council does not so determine then in relation to each of the periods:-

(i) Beginning with the year and ending with the day before that on which the first amendment in that year takes effect, or;

(ii) 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 days in the period bears to the number of days in the year.

(c) If an amendment to this Scheme changes the duties specified in Schedule 2 to this Scheme or the amount payable by way of a Dependent Carers Allowance or Travelling and Subsistence Allowance, the entitlement to such allowance shall be to the payment of the amount of the allowance under the Scheme as it has effect when the duty is carried out;

(d) 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 his term of office subsists bears to the number of days in that year;

(e) Where this Scheme is amended as mentioned in 9(b) and the term of office of the Councillor does not subsist throughout the period mentioned in 9(b)(i) 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 9(b)(i) 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;

(f) 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 has such special responsibilities bears to the number of days in that year;

(g) Where this Scheme is amended as mentioned in 9(b) and the Councillor has during any part, but does not have throughout the whole, of any period mentioned in 9(b)(i) 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 9(b)(i) 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.

(h) The entitlement to Co-Optees Allowance shall commence on the date that the Councillors appointment took effect

10. Claims

(a) A claim for Dependants Care Allowance under this Scheme shall be made in writing to the Service Director - Corporate Services within two months of the date of the meeting in respect of which the entitlement to the allowance arises;

(b) The claim shall specify the Council duties in respect of which the claim is submitted and shall be accompanied by a receipt for the expenditure incurred.

11. Payments

(a) Payments shall be made monthly and shall be subject to taxation and national insurance deductions;

(b) Where the application of the provisions in 10(a) in respect of any Allowance would result in a Councillor receiving more than the amount to which by virtue of the Scheme he or she is entitled, the payment should be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled;

(c) Payment of Allowances under this Scheme shall be by way of cashless transfer;

(d) Where the application of the provisions in 11(a) and (c) would, in the opinion of the Service Director - Corporate Services, produce detriment to a Councillor, the Service Director - Corporate Services may make the payment of advances in such manner and at such times as he considers appropriate.

12. Backdating

12.1 If a Councillor undertakes duties or responsibilities entitling him or her to a Special Responsibility Allowance the Allowance may be backdated to the date the duties were assumed.

12.2 When this Scheme is amended then the Council may apply the amendment retrospectively to the beginning of the financial year in which the amendment is made.

13. Pensions

13.1 The Independent Panel determined that all elected Members should be eligible to join the Local Government Pension Scheme, applied to both their Basic Allowance and Special Responsibility Allowances.

13.2 Members must indicate to the Service Director - Corporate Services whether or not they wish to join the scheme. Membership will commence at the start of the month during which the completed admission form is received. The Members contribution rate is 6% which will be deducted monthly from the allowance.

Schedule 1 (with effect from 16th May 2007) 

Part A

Part B

Schedule 2

Duties for which a Dependent Carers Allowance and Travelling and Subsistence Allowance may be paid by virtue of the Local Authorities (Members’ Allowances) (England) Regulations 2003 Regulations 7 and 8

1.The attendance at a meeting of the Authority or of any Committee or Sub-Committee of the Authority, or of any other body to which the Authority makes appointments or nominations, or of any Committee or Sub-Committee of such a body;

2.The attendance at any other meeting, the holding of which is authorised by the Authority, or a Committee or Sub-Committee of the Authority or a joint Committee of the Authority and at least one other local authority within the meaning of Section 270(1) of the Local Government Act 1972, or a Sub-Committee of such a joint Committee, provided that:-

(i)where the authority is divided into two or more political groups it is a meeting to which members of at least two such groups have been invited; or

(ii)if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;

3.The attendance at a meeting of any association of authorities of which the authority is a member;

4.The attendance at a meeting of the Executive or a meeting of any of its Committees, where the authority is operating Executive Arrangements;

5.The performance of any duty in pursuance of any standing order made under Section 135 of the Local Government Act 1972 requiring a member or members to be present while tender documents are opened;

6.The performance of any duty 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;

7.The performance of any duty in connection with arrangements made by the authority for the attendance of pupils at any school approved for the purposes of Section 342 of the Education Act 1996 (approval of non-maintained special schools) ; and

8. The carrying out of any other duty approved by the authority or any duty of a class so approved, for the purpose of, or in connection with the discharge of the functions of the authority or any of its Committees or Sub-Committees

[1] When Leader is not the Chair of AGMA an SRA of £33,000 is paid. The higher figure is listed above as the Leader is currently Chair of AGMA and would be drawing the higher SRA.

[2] A group consists of more than 5% of Council Members – current 4, each Opposition Group Leader then receives a basic of £1,690.84 plus £409.90 for each Group Member

• Members Allowances March 2007 / 2008
• Members Allowances March 2006 / 2007
• Members Allowances March 2005 / 2006
• Members Allowances March 2004 / 2005
• Members Allowances March 2003 / 2004

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