Terms & Conditions

[nickkeogh]

Hi,

I know that there are numerous threads about consultation and I've looked through all of them but wanted to check if anyone know of any change to the views already expressed. If we only decide to make uprating amendments and a few other minor changes then do we need to consult?

From what I've heard most authorities only consult when making substantial changes but I want to give my manager something up-to-date to refer to rather than something from a couple of years ago.

I also appreciate that it will probably need to be a decision made having spoken to our own legal team.

Thanks

 

[Rob Hawes1]

Hi Nick,

Our CTS scheme caters for mirroring the HB upratings for working age.  Pensioner changes are prescribed, so you have no choice.  As we are not making any other changes to this years CTS scheme in 2018/19, we won't be consulting.  We will be putting the proposed 18/19 CTS scheme through Full Council for ratification though. 

 

[Andreas]

We also included up-rating provisions relating to HB up-rating – but our advice indicated this was a 'revision to and replacement of' our scheme and that requires consultation (to date we haven't changed anything in our WA scheme).

http://www.legislation.gov.uk/ukpga/2012/17/schedule/4

[Rob Hawes1]

This is how lawyers make their money!  The counter-argument is that your scheme allows you to use the figures that are supplied for HB uprating purposes.  The fact that those figures may change from year to year isn't a revision or replacement of your scheme, it's a consequence of one of the clauses of your scheme.  As you haven't altered that clause, your scheme hasn't been revised or replaced and, therefore, no consultation is necessary.  You pays your money and you takes your choice, I guess. 

[Julian Hobson]

I agree Rob – If your scheme includes the clause and you don't do what it says then you have revised your scheme by ignoring what it tells you to do. Anyone might ask "what else are you going to ignore this year, and on what basis"   

[emery]

Can i pick this back up please. Are you saying if the scheme says we will uprate the figures annualy then we are ok not to consult but if our scheme does not state that they will be brought in line each year do we need to consult?

 

[Andreas]

As stated in my earlier post, we included such a clause but also specified WA applicable amounts and our advice was that we couldn't change the amounts without consulting. 

We are currently considering making changes to our Scheme and if we do will go through a consultation process.  I have suggested removing WA specified amounts so we only rely on the clause that states we will use the figures provided by the DWP. 

Our legal experts have to examine the validity of the proposal but I believe the approach referred to in Rob and Julian's posts would apply were we to do so.

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