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The Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004

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Care allowances

13.—(1) Subject to paragraph (2), a fire authority may provide for the payment to a member of an allowance (“care allowance”) in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of that member’s duties as a member.

(2) In making provision under paragraph (1) a fire authority shall not provide for the payment of —

(a)a care allowance to a member who is entitled to receive a fire authority chairperson’s allowance or a fire authority vice-chairperson’s allowance of an amount which exceeds the amount from time to time specified in writing by the National Assembly for Wales;

(b)a care allowance in respect of any child over the age of fifteen years or dependant unless the member satisfies the fire authority that the child or dependant required supervision which has caused the member to incur expenses that were necessary in respect of the care of that child or dependant in the carrying out of that member’s duties as a member;

(c)a care allowance to more than one member in relation to the care of the same child or dependant; or

(d)more than one care allowance to any member who is unable to demonstrate to the reasonable satisfaction of the authority that the member has to make separate arrangements for the care of different children or dependants.

(3) For the purposes of the year beginning on the date of the coming into force of these Regulations and ending on 31 March 2005 —

(a)the amount of care allowance payable to a chairperson shall not exceed £678;

(b)the amount of care allowance payable to a vice-chairperson shall not exceed £529; and

(c)the amount of care allowance payable to a member shall not exceed £185.

(4) Subject to regulation 14, the amount of care allowance payable —

(a)for the year ending 31 March 2006 to a chairperson shall not exceed £1,344;

(b)for the year ending 31 March 2006 to a vice-chairperson shall not exceed £1,050; and

(c)for the year ending 31 March 2006 to a member shall not exceed £366.

(5) For the purposes of years commencing on or after 1 April 2006, the amount of care allowance payable to a chairperson, vice-chairperson or member shall (subject to regulation 14) not exceed the amount of that allowance payable to that office in the previous year.

(6) Where the term of office of a chairperson, vice-chairperson or member comprises part only of a year, the entitlement of that chairperson, vice-chairperson or member shall be to payment of such proportion of the care allowance payable to that office as the number of days on which that office is held during the year bears to the number of days in that year.

(7) Where a member is suspended or partially suspended from that member’s responsibilities or duties as chairperson, vice-chairperson or member in accordance with Part III of the 2000 Act or regulations made under that Part, care allowance payable to that office in respect of the period for which that chairperson, vice-chairperson or member is suspended or partially suspended shall be withheld by the fire authority.

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