§ Lord Greavesasked Her Majesty's Government:
What are the rules relating to (a) claims for job seeker's allowance and other social security benefits by members of principal councils; and (b) deductions from and restrictions on such benefits as a result of the receipt of council allowances and time spent as a councillor. [HL1310]
§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)A local authority councillor's work is not treated as remunerative work for assessment purposes. However, councillors' allowances and expenses may be taken into account as income, thus reducing the amount of benefit they may receive.
When assessing a claim for income support, jobseeker's allowance, incapacity benefit, housing benefit or council tax benefit, any allowances paid for necessary expenses are not treated as income and are disregarded. Any allowances paid for a councillor's time are regarded as income and are taken into account after applying appropriate disregards.
Councillors are entitled to some allowances whether they are claimed or not. If a councillor has not claimed an allowance they could expect to receive, it is treated as notional income and taken into account as if it had actually been paid.
Further details on the treatment of local councillors' earnings can be found in the Decision Makers Guide, Volume 3, Chapter 15, ref. 15096 and Volume 4, Chapter 20, ref. 20485, copies of which have been placed in the Library.