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Subsistence
11. Periods of Absence
11.1 Currently subsistence is paid to JPs for periods of absence of:
- 4 - 8 hours,
- 8 - 12 hours,
- over 12 hours,
- Overnight.
Subsistence Allowance |
|---|
MAGISTRATES
(in England & Wales) | SG STAFF | PROFESIONAL JUDICIARY | JUSTICES OF THE PEACE |
|---|
NIGHT SUBSISTENCE |
outside London | £100.00 | outside London* | up to £75.00 plus £23.50 meals allowance** up to £100, plus £24.10 meals allowance** | Upper limit | Actual receipted expenditure incurred, up to
£98.50 | outside London | £77.43 |
within
London* |
within London | £88.31 |
within London | £120.00 |
staying with friends | £25.00 | Staying with friends | £30.00 |
DAY SUBSISTENCE |
4-8 hours absence | £7.34 | over
5 hours | £4.90*** | over
5 hours | £4.90 | 4-8 hours absence | £6.57 |
8-12 hours absence | £10.23 | 8-12 hours absence | £9.16 |
over
10 hours | £10.70*** | over
10 hours | £10.70 |
over 12 hours absence | £19.31 | over 12 hours absence | £17.29 |
*an incidental personal allowance of £5.00 is also claimable in addition to these rates **Receipted cost of bed and breakfast can be claimed up to the limit specified. If, during 24 hours, additional expenditure is incurred on meals the flat rate meals allowance can be claimed. *** Does not require to be receipted. |
12. Day Subsistence
12.1 The day subsistence allowance for JPs and magistrates in England and Wales is subject to an upper limit, and is claimable if expenditure is actually and necessarily incurred. If a JP incurs expenditure, the full amount is claimable, notwithstanding the actual amount.
13. Night Subsistence - Friends and Family Allowance
13.1 The Scottish Government pays an allowance of £25.00 if staying overnight with friends or family while on official business. The allowance covers accommodation and all meals in the 24 hour period starting when the official journey commenced. Receipts are not required to be produced to support a claim for this allowance.
14. HMCS Methodology
14.1 Periods of absence:HMCS consider that the time periods specified in the table above are appropriate as alternative periods, such as sittings, would represent a four hour time period in any case.
14.2 Day Subsistence:HMCS reviews these rates annually to take account of inflationary pressures. To calculate inflationary pressures, HMCS uses the gross domestic product deflator published by HM Treasury, from data provided by the Office of National Statistics ( ONS). The Treasury considers that the GDP deflator is the most appropriate index for the public sector to adopt when calculating inflationary pressures.
14.3 Night Subsistence: Magistrates in England and Wales can use the Expotel booking service used by the Department for Constitutional Affairs ( DCA). The night subsistence rates are based on the national rates that the DCA has agreed with Expotel.
Consultation Questions on Subsistence Allowances
Q4 Do you consider that the current allowance rates for subsistence are reasonable?
Q5 Do you consider that the introduction of an allowance in respect of staying overnight with family or friends is appropriate?
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