SWSG Guidance Package Index Ref: E6

Chief Executives, Unitary and Islands Councils

Copy to: Directors of Social Work

Chief Social Work Officers

Holders of the SWSG/SWSI

Circulars and Guidance Package

13 May 1997

Dear Sir/Madam

CHILDREN’S HEARINGS SYSTEM: ALLOWANCES

Summary

This Circular draws the attention of local authorities to the Secretary of State’s Determination in respect of allowances payable to those involved in the Children’s Hearings System.

Statutory Provision

Schedule 1 of the Children (Scotland) Act 1995 provides that a local authority may pay such allowances to:-

a. a member or a potential member of a children’s panel

b. a member of the Children’s Panel Advisory Committee

c. a member of a sub-committee of the Children’s Panel Advisory Committee

as may be determined by the Secretary of State.

A copy of the Secretary of State’s Determination in relation to the allowances is attached.

The Determination indicates that the allowances which may be paid shall continue to be in accordance with those specified under Section 45(4) and 46(1) of the Local Government (Scotland) Act 1973.

Financial Loss Allowance

Under Section 45(4) members of an authority, its committees, sub-committees and members of other bodies such as panel members, who are not entitled to receive attendance allowance

for the performance of their duties, are entitled to receive a financial loss allowance in respect of any loss of earnings necessarily suffered or additional expenses incurred. The current amounts payable are specified in The Local Authorities Etc. (Allowances) (Scotland) Regulations 1995:-

Travel and Subsistence

Under Section 46(1) members of local authority committees; sub-committees and members of other bodies such as panel members are entitled to receive payments of travel and subsistence allowance when expenditure is necessarily incurred to enable the individual to perform approved duties. The current amounts payable are specified in The Scottish Office Development Department Circular 29/1995 and, for ease of reference, are attached as an Annex.

The rates specified for financial loss, travel and subsistence must be observed. Sums claimed above the specified rates should not be met.

Contact Point

If you have any queries about the terms of this Circular, please contact Mrs A L Snedden, Social Work Services Group, Child Care Division, Room 42, James Craig Walk, Edinburgh, EH1 3BA (telephone 0131-244 5444).

Yours faithfully

G McHUGH

CHILDREN (SCOTLAND) ACT 1995

CHILDREN’S HEARINGS SYSTEM ALLOWANCES

In exercise of his powers under Section 39(2) of and Schedule 1 (paragraph 11) to the Children (Scotland) Act 1995 the Secretary of State hereby determines that from 1 April 1997 the allowances referred to shall be in accordance with those specified under Sections 45(4) and 46(1) of the Local Government (Scotland) Act 1973.

ASSISTANT SECRETARY

The Scottish Office

James Craig Walk

Edinburgh

May 1997

ANNEX

RATES OF TRAVEL AND SUBSISTENCE FOR COUNCILLORS FROM 1 APRIL 1995

Introduction

The rate of travel by public transport shall not exceed the amount of the ordinary fare or any available cheap fare, and where more than one class of fare is available the rate shall be determined, in the case of travel by ship by reference to first class fares, and in any other case by reference to second class fares unless the body determines, either generally or specifically, that first class fares should be substituted.

The rate specified in the preceding sub-paragraph may be increased by supplementary allowances not exceeding expenditure actually incurred -

(1) on Pullman Car or similar supplements, reservations of seats and deposit or porterage of luggage; and

(2) on sleeping accommodation engaged by the member for an overnight journey. However, whenever overnight travel by train is undertaken, the subsistence allowance payable - ie the standard rate - will be reduced by one-third.

3. Passenger Supplement (unchanged for year commencing 1 April 1995)

The rates specified for car and motorcyle mileage may be increased.

(1) in respect of the carriage of each passenger, not exceeding 4, to whom a travelling allowance would otherwise be payable under any enactment by 1.0p per mile.

(2) by not more than the amount of any expenditure incurred on tolls, ferries or parking fees.

(3) for the purpose of this paragraph, the cylinder capacity shall be that entered in the vehicle registration book or document under the Vehicles (Excise) Act 1971.

4. Travel by Taxi etc

The rate for travel by taxi or private hire car shall not exceed -

(1) in the case of urgency or where no public transport is reasonably available, the amount of actual fare and any reasonable gratuity paid, and

(2) in any other case, the amount of the fare for travel by appropriate public transport.

5. Travel by Other Hired Motor Vehicle

The rate for travel by a hired motor vehicle other than a taxi or private hire car shall not exceed the rate which would have been applicable had the vehicle belonged to the member who hired it:

Provided that where the body so approves the rate may be increased to an amount not exceeding the actual cost of hiring.

6. Travel by Air

The rate for travel by air shall not exceed the rate applicable to travel by appropriate alternative means of transport together with an allowance equivalent to the amount of any saving to attendance allowance or financial loss allowance, and subsistence allowance consequent on travel by air:

Provided that where the body resolves, either generally or specifically, that the saving in time is so substantial as to justify payment of the fare for travel by air, there may be paid an amount not exceeding -

(1) the ordinary fare or any available cheap fare for travel by regular air service, or

(2) where no such service is available or in case of urgency, the fare actually paid by the member.

The rates specified above, shall be reduced by an appropriate amount in respect of any meal provided free of charge by an authority or body during the period to which the allowance relates.

8. Night Subsistence (unchanged for year commencing 1 April 1995

Any rate determined under this paragraph shall be deemed to cover a continuous period of absence of 24 hours.

9. Meals on Trains

When main meals are taken on trains during a period for which there is an entitlement to day subsistence, the reasonable cost of the meals (including VAT) may be reimbursed in full, within the limits specified below. In such circumstances, reimbursement for the reasonable cost of a meal would replace the entitlement to the day subsistence allowance for the appropriate meal period.

The limitations on reimbursement are:

(1) absence of more than 4 but not more than 8 hours, the cost of one main meal.

(2) absence of more than 8 but not more than 12 hours, the cost of 2 main meals.

(3) absence of more than 12 hours, the cost of 3 main meals.

*Approved conference means attendance at an annual Conference (including or not including an annual meeting) of the Convention of Scottish Local Authorities or such other association bodies as the Secretary of State may for the time being approved for the purpose.