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K01a Special Constables Allowances

1. Security protective marking

 

1.1. Not protectively marked.

2. Summary of changes

 

2.1 The following changes have been made to this policy on 25 October 2012:

  • Mileage rate in paragraph 5.1.1 and 5.2.1 amended to 36.9p.

2.2 This policy The review for this policy is on hold pending the Kent Police Policy Restructure throughout 2013/14.was scheduled for review in August 2013.

3. Application

3.1. This policy applies to all special constables and those that line manage them.

 

4. Purpose

4.1. This policy has been created to replace the special constables handbook. 

5. Expenses

 

5.1. Travel to and from home station for duty

5.1.1. Members of the special constabulary will be paid the local duty rate (36.9p) when travelling from their home address to the place of duty and return. The Home Office circular 40/2005 entitles special constables to claim an allowance under regulation 34 of the Police Regulations 2003.

5.1.2. Payment will be made out of the relevant division/departmental budget via SAP and will be paid direct to the special constable’s bank account.

 

5.2. Travelling beyond police divisional boundaries

5.2.1. Where newly appointed members of the special constabulary reside outside the police division in which they request to be posted, they will ordinarily be entitled to payment at 36.9p per mile for travelling from their home to their chosen station. They will only be entitled to payment where the purpose of the journey is to perform a duty or to attend training.

5.2.2. Where a special constable requests to work at an division outside of their place of residence, should this incur significant additional mileage expenditure, the decision in identifying and agreeing payment boundaries will be made by the relevant Divisional Commander.

5.2.3. Any such issue must be reported to the Divisional Business Co-ordinator or Divisional Commander prior to the division approval of newly appointed officer(s) by recruitment.

5.2.4. Special constables are entitled to reclaim travel expenses from their home for centrally delivered training such as foundation training and staff safety refresher training. Payment will be made out of the division's budget.

5.2.5. In exceptional circumstances pay claims beyond the County border may be made by the local police division.

 

5.3. Change of circumstances

5.3.1. Where there is a change in an appointed special constable’s personal circumstances, which results in their requesting to transfer division, and the resultant move would necessitate travelling claims beyond the new divisional boundary, the officer will be required to complete a form 1068 submitted through the Special Constabulary Co-ordinator of the new division, which should be addressed to the appropriate Divisional Business Co-ordinator.

5.3.2. Form 1068 will outline the details of the changes of circumstances; any request to transfer must include a substantive reason for transfer.

5.3.3. The decision in identifying and agreeing payment boundaries will be made by the relevant Divisional Commander.

5.3.4. Only in exceptional circumstances will mileage claims beyond the county border be made and only if prior approval has been sought by the relevant police division.

 

5.4. Use of private vehicles for police work

5.4.1. On each and every occasion a privately owned vehicle is used on police duties it must be fully insured for such use. The certificate of insurance will be checked by a regular supervisory officer when expenses form 2034 is submitted and prior to any such use of the vehicle. The vehicle will display a current vehicle licence and where the legal requirement exists, the officer using it will ensure that a valid test certificate is in existence.

 

5.5. Private vehicle insurance

5.5.1. By way of explanation it is necessary to consider the different types of cover offered by insurers on which the premium is based.

5.5.2. Motor insurance is normally based on:

    • Social, Domestic and Pleasure, excluding commuting;
    • Social, Domestic and Pleasure, including commuting (single place of work);
    • Social, Domestic and Pleasure, including commuting to more than one place of work;
    • Full Business Use (i.e. commercial travelling).

 

5.5.3. Special Constables are considered employees under the terms of the Compulsory Insurance Act 1969, therefore Special Constables who are in employment need to ensure their personal motor insurance policy covers:

    • Class 1 Use - including business use by the policyholder for the purposes of travelling to and from more than one place of work.
    • Their position of special constable as a part-time occupation.

5.5.4. Specials who are unemployed/retired need to inform insurers of their part time role as a special constable, as if they state they are unemployed/retired their policy could be restricted by the Insurer to Social, Domestic and Pleasure only and they may not be covered in the event of a claim.

5.5.5. Where a special constable is not the policyholder, (i.e. the policy is in the name of policyholder and spouse, but the special constable is the spouse) some insurers allow business use by the policyholder and spouse, others by the policyholder in person. In the latter case, the spouse would therefore not be included for use of this vehicle as a special constable as business use does not extend to include him/her.

5.5.6. Where a special constable is a named driver on the policy but not the policyholder, (i.e. the son or daughter or friend of the policyholder) they would not be included for use of this vehicle as a special constable as business use does not extend to include him/her.

5.5.7. Where a special constable is driving a ‘company’ car the business description of the special constable’s normal employer would not include work as a special constable and the policy would need to be specifically extended to include that definition within the job title.

5.5.8. In order to comply with the law regarding insurance cover special constables must:

 

    • Inform their insurers that they are a special constable as a part-time occupation;
    • Ask their insurers to extend the policy to include business use by that named driver;
    • In the event that the insurers refuse to do so (this can happen where an insurer is not willing to grant business use to other than the policyholder) then they must either not use the vehicle in connection with their duties or alternatively, change insurer.

5.6. Use of private vehicles for police purpose

5.6.1. Circumstances may arise where following the attendance of a member of the special constabulary at their home station, where they are authorised to use their own vehicles in the interest of the service. In these situations the officer concerned is entitled to be paid at 36.9p per mile. Such examples could include travelling from a home station to an alternative location to participate in a pre-planned event or training.

5.6.2 This allowance is not just recompense for petrol. Various elements go to make up motor vehicle allowance, including car tax, servicing, garaging, engine oil, depreciation of car value and car insurance.

 

5.7. Alternative use/public transport

5.7.1. Where an officer chooses to use their car for a journey, which could and should otherwise be undertaken by public transport, then that officer should be reimbursed the public transport fare. Public transport fare means the cost of public transport that would have been payable to enable the officer to fulfil the commitment.

 

5.8. Period of claim

5.8.1. All claims for mileage should be submitted to the Divisional Business Co-ordinator on form 2034 and should be submitted no later than the one month following the date of claim.

 

5.8.2. It will be at the discretion of force's Finance Manager to pay claims in excess of three months and those submitted where the dates claimed are more than 1 month old and are when claimed from a previous financial year.

 

5.9. Out of pocket expenses

5.9.1. Regulation 4(1) of the Special Constables Regulations 1965 provides that special constables may be paid out of pocket expenses, which are reasonably incurred in the course of their duty. This would cover such out of pocket expenses as telephone charges and cleaning of uniform expenses. Before payment can be made, a completed form 2034 together with a receipt/bill must be submitted.

 

5.10. Refreshment/ subsistence allowance

5.10.1. For refreshment/subsistence allowances please refer to policy L107 which is relevant to special and regular police officers.

 

5.11. Loss of earnings for court duty

5.11.1. Normally special constables would only be expected to attend for duty outside of their normal working hours, but there may be occasions when this is impossible, for example, attendance at court to give evidence.

5.11.2. Regulation 4(2)(a) of the Special Constables Regulations 1965 provides that if a special constable is required for duty during his or her normal working time, an allowance equal to his or her actual loss of earnings on a daily basis in his or her private employment will be paid.

5.11.3. For this allowance to be paid the special constable must obtain a letter from their employer. In the circumstances where the special constable is self employed a letter would be required from their accountant. Letters should specify the amount of loss of earnings and will be submitted together with completed form 2034 to the Divisional Business Co-ordinator.

 

5.12. Boot allowance

5.12.1. The Home Office circular 40/2005 issued on the 10 August 2005 abolished the boot allowance with effect from the 1 August 2005.

5.12.2. Serving special constables will be entitled to reimbursement of the cost of purchasing suitable footwear, by claiming out of pocket expenses. Special constables are required to source and supply their own suitable shoes or boots.

5.12.3. Special constables who complete 208 hours of operational duty per annum, may now reclaim up to £50.00* annually towards the cost of purchasing footwear. Claims to recover costs are made in arrears and should be submitted on a form 2034 through the Divisional Business Co-ordinator and require the submission of a receipt in support of such claims.

5.12.4. Claims to recover footwear costs will only be accepted on an annual basis and purchase of footwear will require the prior permission of the Divisional Commander, Divisional Business Co-ordinator, or their representative.

5.12.5. In extenuating circumstances claims for footwear may be reclaimed within the annual period, providing prior permission has been obtained from the Divisional Commander, Divisional Business Manager or their representative.

 

5.12.6. Special constables appointed and attested after the 1 August 2005 will be entitled to reclaim up to £50.00 of the cost of purchase of their first footwear as part of their initial issue of uniform. Claims in support of such purchases must be submitted to the Special Constabulary Coordinator on form 2034 and supported with a receipt.

*The sum of £50.00 is based on the high street price using a popular police boot and set on the 1 August 2005.

 

6. Ex gratia payments for injury or illness

6.1. The term ‘sick pay’ taken from the Special Constables Regulations 1965 (hereafter referred to as the 1965 regulations), refer to reimbursement of lost remuneration from a special constable’s regular employment, because of a temporary injury or disease contracted whilst on duty or when travelling to or returning home from duty, through no fault of their own.

6.1.2. The circumstances which legislation does not cover are as follows: 

      • Where the officer is injured or becomes ill (as a result of performing his or her duties) beyond the statutory period of entitlement (28 weeks);
      • An appropriate method of calculating lost earnings for self employed special constables;
      • Other circumstances, such as where a special constable is unemployed.

6.1.3. The above list is not intended to be exhaustive and it is recognised that there may be other circumstances that are not covered by legislation.

 

6.2. Existing legislation

6.2.1. Special constables who are permanently incapacitated to the point that they are incapable of any kind of employment or those who die on duty are provided for under the Special Constables (Injury Benefit) Regulations 1987.

6.2.2. These regulations provide similar provisions afforded to regular police officers under the Police (Injury Benefit) Regulations 2006. The regulations make provision for enhanced benefits in case of death or total disablement resulting from an injury received by a member of a police force in the execution of his or her duty.

6.2.3. Those who are permanently incapacitated to the point that they are incapable of continuing in their ordinary employment are provided for under the Special Constables (Pensions) Regulations 1973. These regulations give to special constables and their dependents certain pension benefits which regular police officers and their dependents are eligible for under the Police (Pensions) Regulations 1987.

6.2.4. A special constable, who is injured or becomes ill as a result of duty and, as a result, and loses remuneration in his or her private employment, is entitled to an allowance by way of sick pay under the 1965 regulations.

6.2.5. In particular, the 1965 regulations apply:

    • so long as the special constable continues to lose remuneration in his/her private employment;
    • for a maximum period of 28 weeks at the rate of actual loss of remuneration.

 

6.3. Non-statutory arrangements

6.3.1. It is recognised by the Special Constabulary National Consultative Group (SCNCG) that where legislation does not apply, in the interests of fairness and consistency, there should be a standard national approach for forces to deal with such circumstances. Additionally, it is recognised that such an approach should allow a degree of flexibility in how to deal with situations related to temporary injury or illness.

 

6.4. Illness or injury beyond 28 weeks

6.4.1. There may be circumstances where a special constable remains injured or ill beyond the statutory 28 weeks as set out in the 1965 regulations. Broadly in line with annex k to regulation 28 of the police regulations 2003, under which officers are entitled to half pay for the remainder of the year, forces may wish to offer a similar provision for their special constables. This should be paid at half the rate of pay of their regular employment, or at half the rate of pay of a regular constable with 10 years service (this being the period of time by which a regular constable will reach the top of their pay band), whichever is lower. This additional period should not exceed 24 weeks (equating to a total period of sickness pay entitlement of one year).

6.5.  Illness or injury in the case of self employed special constables

6.5.1 While the 1965 regulations do not explicitly refer to special constables who are self employed, it should be taken that the term “private employment” in these regulations includes this category of worker. Therefore in line with special constables in regular employment, where a self-employed special constable is injured or ill as a result of performing their duties as a special constable, forces should pay them for the amount of lost earnings for a period not exceeding 28 weeks.

6.5.2. As earnings of the self employed can vary over time, it is recommended that forces calculate the amount payable for illness or injury by averaging the total income a self employed special constable has received over the previous 28 week period, prior to the injury or illness taking effect.

6.5.3. Self employed special constables would need to provide forces with the necessary information to enable this calculation to be made i.e. financial records, accounts, etc. In the event that evidence is unavailable, incomplete or contentious, the force will need to decide whether it is appropriate for an ex gratia payment to be made.

6.5.4. Following a review of the special constable’s condition the force may wish to extend the period of sick pay for a period of 24 weeks at half the rate of earnings from their self employment, or at half the rate of pay of a regular constable with 10 years service, whichever is the lower.

 6.6. Sickness or injury in other circumstances

6.6.1. It is recognised that there may be other scenarios related to sick pay that fall outside of the regulations and are not specified in this circular (unemployed special constables, for example), which could, in the interests of fairness, merit an ex gratia payment to a special constable.

6.6.2. It will be for the force to determine whether it is appropriate to make an ex gratia payment and the amount of any such payment. However, any payment under (C) should be for an initial period not exceeding 28 weeks at no more than the rate of pay of a regular constable with 10 years service. Following a review of the special constable’s condition, any further payments should be for a period not exceeding 24 weeks at no more than half the rate of pay of a regular constable with 10 years service.

 6.7. Ex gratia payments

6.7.1. In the circumstances listed in 6.4 - 6.6 above, a police authority is free to make an ex gratia payment to a special constable where it is considered appropriate. This would consist of a one off payment or series of payments made to a special constable from the police grant received by the force and is not governed by the existing regulations.

6.7.2. It is only intended that this ex gratia payment be made in specific cases relating to sick pay for special constables for injury or illness. Ex gratia payments should not automatically be granted and there should be a robust justification when they are. Forces should also take into consideration whether the special constable is in receipt of sickness benefit or statutory sick pay as a result of their injury/illness and consider whether to reduce the level of any ex gratia payment(s) made by that amount.

 6.8. Local procedures for application of ex gratia payments

6.8.1. The claimant must complete form 2508 ‘hurt on duty', and form 1068 detailing full circumstances of how illness/injury occurred along with any other documentation that may be relevant. Where applicable written permission must be given by the special constable to allow Kent Police to contact their employer.

6.8.2. All applications should be submitted for consideration to the Finance Insurance Clerk, FHQ. A copy of all applications should also be forwarded to the Partnership and Communities Command Sergeant, Extended Policing Family at FHQ.

7. Special Constables Expenses form

7.1. Attached is the expenses claim form for Special Constables.

 

8. Equality impact assessment

 

8.1. This policy has been assessed with regard to its impact on equality. As a result of this assessment the policy has been graded as having a low potential impact.

 

8.2. Attached is the latest equality impact assessment that forms part of the policy review process.

Policy reference: K01a Special Constables: Allowances
Policy owner: Policy Unit
Contact point: Policy Unit
Date last reviewed: 19 September 2011
Document last saved: 15 October 2013