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DIOCESAN CLERGY

HANDBOOK II

Common Tenure

&

Conditions of Service

HEREFORD

January 2011

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[Intentionally Blank]

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CONTENTS 1. Introduction 5

2. Common Tenure 5

3. Statement of Particulars 7

4 Role Descriptions 7

5 Stipend 8

6 Augmentation of Stipends 8

7 Allowances 9

8. Grants 9

9. Other Benefits 10

10. Parochial Fees 10

11. Expenses 10

12. Termination of Appointment 11

13. Housing 12

13. Ministerial Development Review 13

14. Continuing Ministerial Development 13

16. Well-Being 14

17. Annual Leave 14

18 Special Leave 15

19. Entitlement to Statutory Maternity, Paternity and Adoption Pay 15

20. Entitlement to Maternity, Paternity, Adoption and Parental Leave 16

21 Time off for dependants 16

22. Time off for public duties 16

23. Jury Duty 17

24 Sickness 17

25. Pension 18

26. Retirement Housing 20

27. Disciplinary Measures 20

28. Capability Procedure 20

29. Grievance Procedure 20

30. Pastoral Care and Counselling 21

31 Spiritual Direction 21

32. Financial Support and Grants 21

33. Holiday Accommodation 21

34. Conclusion 22

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Appendices

Appendix 1 Stipends and Benefits and Taxation 23

Appendix 2 Fees 25

Appendix 3 Expenses 26

Appendix 4 Removals 27

Appendix 5 Housing 28

Appendix 6 Ministerial Development Review Process 31

Appendix 7 Maternity, Paternity and Adoption Pay 33

Appendix 8 Workplace Risk Assessment for Expectant Mothers 36

Appendix 9 Maternity, Paternity and Adoption Leave 37

Appendix 10 Death in Service 39

Appendix 11 Hereford Diocesan Counselling Service 41

Appendix 12 Diocesan Policies and Papers 43

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DIOCESAN CLERGY HANDBOOK II

Introduction

1.1 This handbook has been developed to incorporate the significant changes in the way in which clergy hold office in the Church of England brought about by the introduction of Common Tenure. Such changes are the result of a number of years of careful deliberation concerning the way to deal appropriately with the issues that have developed from the increased level of legislation in the secular world, which affects the employment of individuals and groups.

1.2 The handbook contains both new information and existing information which has been brought together to form one document. This handbook may be found on the diocesan website and has links to enable other national and diocesan documentation to be easily accessible.

1.3 The handbook contains a range of matters that apply to all clergy and that are not directly linked to clergy terms of service. Although not all sections apply to all clergy many sections will apply to both stipendiary and self-supporting clergy.

1.4 The handbook is a document which will develop and change over time as new policies are introduced and further information of interest and help to clergy becomes available.

1.5 It should be noted that neither the Statement of Particulars nor the Diocesan Clergy Handbook is contractual.

Common Tenure

2.1 Over the years, it has become apparent that the process for holding office that exists in the Church of England no longer sits comfortably with the secular process of employment. Therefore, the church has sought to maintain the system of office holding which is valued by both clergy and laity in the church while allowing for the introduction of certain rights that are equivalent to rights enjoyed by those in secular occupations.

2.2 Common Tenure is the new form of office holding introduced by the Ecclesiastical Offices (Terms of Service) Measure 2009. This form of holding office applies to all those appointed to office after the implementation date of 31 January 2011 and applies to those who held office prior to that date but did not have the freehold.

2.3 Those who held freehold at the date of implementation were invited to transfer to Common Tenure but were not obliged to do so and at any point whilst in their current post can transfer to Common Tenure.

2.4 Common Tenure applies to stipendiary, non-stipendiary and self-supporting clergy.

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Qualified Common Tenure

2.5 Under Regulation 29 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 some common tenure posts are time limited and clergy in these posts will hold them on what is known as Qualified Common Tenure. It occurs in situations where the post is

a. created to cover the absence of another office holder

b. held by a member of clergy over the age of 70

c. a training post (for example, a curate serving their first title)

d. under a Bishop’s Mission Order

e. held with another office or employment

f. subject to limited leave to remain

g. a post designated as a Locally Supported Ministry Post*

2.6 *A post may only be designated as a Locally Supported Ministry Post if:-

a. It is held by an assistant curate who is not in sole or principal charge of the parish in which he or she serves;

b. The PCC has entered into a legally binding agreement with the DBF to meet all the costs, including stipend, expenses, pension and housing;

c. The office holder, bishop and PCC have all given their consent in writing.

d. Under regulation, 30 an office may be designated as subject to potential pastoral reorganisation and the Statement of Particulars must contain a declaration of this designation. Should the office cease to exist compensation will be based on the loss of one year’s service.

Clergy Not Covered By Common Tenure

2.7 There are some posts to which Common Tenure does not apply such as:-

a. Those with permission to officiate (PTO)

b. Non-stipendiary Readers, Deaconesses and Lay Workers

c. Honorary Canons

d. Employed Clergy (e.g. Bishop’s Chaplain)

2.8 There are also some posts (e.g. employees of the DBF), which may or may not be held by an ordained person, that are likely to be classed as employment when considered under the legislation and therefore these posts are held on contracts of employment and not common tenure.

2.9 These include

Post Employer

a. All Support Ministers DBF

b. Hospital/School Chaplains The NHS Trust/school

c. Clergy paid by a parish (NB. none in Hereford) The PCC/DCC

2.10 These posts may have different terms and conditions to clergy who hold office under common tenure.

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Statement of Particulars

3.1 The Statement of Particulars (SOP) is a factual statement of the basic terms and conditions of service that apply to the office holder of a particular office.

3.2 Under the Ecclesiastical (Terms of Service) Regulations 2009 the bishop is required to nominate officer(s) to prepare the Statement of Particulars. The nominated officer for this Diocese is the Diocesan Secretary.

3.3 All clergy on Common Tenure will be issued a Statement of Particulars within one month of the date from which the office holder took up office or moved onto Common Tenure.

3.4 The information that must be provided in the Statement of Particulars is set out in the Ecclesiastical Offices (Terms of Service) Regulations 2009. Further information can be found on the Common Tenure website at:-

http://www.commontenure.org/

Role Descriptions

4.1 A role description describes the role of an office holder at the time of writing. It describes what the role holder is required to do to carry out the role effectively and may be used for a variety of purposes such as to:-

a. Provide a clear role description for applicants and those involved in appointments.

b. Clarify roles and responsibilities for existing role holders.

c. Inform training and development needs

d. Inform Ministerial Development Reviews (MDR).

4.2 A role description is not mandatory under the Terms of Service legislation but it makes sense and is good practice in the context of making appointments, MDR, and the grievance and capability procedures.

4.3 Some dioceses have introduced role descriptions in parallel with the Statements of Particulars and a revised MDR process. In this Diocese it was decided that role descriptions for existing office holders in post before the introduction of Common Tenure will be considered and refined through the MDR process.

4.4 Role descriptions will be drawn up when there is a vacancy. It will also be good practice for a new incumbent to review it with his/her archdeacon or bishop after about 6 months in office.

4.5 In addition to the role description there are a number of other sources which define the role of the priest.

a. The Ordinal which describes the role of a priest in a number of different ways at ordination.

b. The Declaration of Assent which includes reference to the Thirty-Nine Articles and the Book of Common Prayer.

c. The Canons of the Church of England, in particular those within section C which may be found at:

www.churchofengland.org/media/35580/ministers.pdf

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d. Measures of the General Synod which govern the way a priest should carry out their role.

e. The licence from the bishop

e. Guidelines for the Professional Conduct of Clergy is a more recent document, which provides guidance on acceptable conduct, and may be found at:-

http://www.churchofengland.org/media/1168846/guidelines%20for%20the%20professional%20conduct%20of%20the%20clergy.pdf

Stipend

5.1 Full time clergy receive an annual stipend of not less than the national minimum stipend or a stipend that together with any other income related to the office is not less than the national minimum stipend.

5.2 Part time clergy are entitled to a stipend that is determined in accordance with the Diocesan Stipend Policy.

5.3 The national minimum stipend is determined by the Archbishops’ Council and details of this can be found at:-

http://www.churchofengland.org/media/1168325/stipend%20levels%20-%202005%20to%20present%20for%20website.xls

5.4 For further details regarding stipends, clergy taxation and Benefits in Kind see Appendix 1.

Augmentation of Stipends

6.1 It is the responsibility of the Diocesan Board of Finance to ensure that all incumbents’ stipends meet the Diocesan Minimum Stipend for incumbents after taking into account their income from the following:-

a. Guaranteed Annuities and Personal Grants.

b. Parochial giving direct for stipends (including contributions towards the costs of heating, lighting and cleaning the parsonage house).

c. Easter Offering.

d. Fees for occasional offices.

e. Income from chaplaincies and public and educational appointments (after allowing for agreed expenses properly incurred in earning this income).

f. Income from local trusts.

6.2 The computation of income for augmentation purposes does not include:

a. Spare-time earning.

b. Spouse’s earning.

c. Private Income.

d. Income from the informal letting of parsonages house rooms.

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e. Approved working expenses.

Allowances

7.1 The Diocese pays the following allowances to clergy:-

a. Dependent Child Allowance – Stipendiary clergy may claim this allowance for all children up to the age of 17 and those aged 18 to 25 who are in full time education. Payment of this allowance is not automatic and must be requested.

b. Rural Dean’s Responsibility Allowance – Payable automatically to all Rural Dean’s

c. Housing Allowance - In some circumstances, the Diocese will pay a housing allowance, on a pro-rata basis where applicable, to clergy who are not living in a diocesan house.

7.2 Details of the current rates of these allowances may be obtained from the Finance Secretary (01432 373305) or on the Diocesan Website at:-

http://www.hereford.anglican.org/content/2012stipendlevels.pdf

Grants

8.1 The Diocese pays the following allowances to clergy:-

a. First Appointment Grant – This is paid to Assistant Curates, Deaconesses and Licensed Lay Ministers taking up their first appointment and contributes towards the cost of robes, theological books and any other equipment that they need for the new appointment.

b. First Incumbency Grant - This is towards the cost of setting up home for the first time in a house of the size normally provided for an incumbent or someone of equivalent status. An equivalent grant is available to Archdeacons taking up their first appointment.

c. Resettlement Grant - towards the cost of any necessary alterations to or purchases of furnishings and other expenses incidental to the removal. An applicant should normally expect to receive the actual amount expended under this heading (provided that this can be justified by reference to the expenditure incurred) subject to the applicant receiving not more than the maximum grant. An advance of this grant is available on application to the Finance Secretary.

8.2 Guidelines on current rates and the conditions governing the above allowances can be obtained from the Finance Secretary (01432 373305) or on the Diocesan website at:-

http://www.hereford.anglican.org/content/2012stipendlevels.pdf

8.3 The Diocese also provides grants for Continuing Ministerial Development (CMD). Guidelines on amounts available and the conditions governing CMD grants can be found on the Diocesan website at:-

http://www.hereford.anglican.org/churchwork/training/continuing_ministerial_education_cme/index.aspx

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Other Benefits

9.1 The Diocese provides the following benefits for clergy.

9.2 Car Loans - The Church Commissioners operate a Car Loan Fund from which loans to stipendiary clergy and accredited lay ministers are made towards the purchase of motorcars. Application forms are available from and should be submitted to the Diocesan Secretary.

9.3 Loans up to a specified maximum may be obtained at an interest rate of 5% per annum on the reducing balance. Repayments may be spread over 4 years. The following website contains the latest information about car loan applications:-

http://www.churchofengland.org/clergy-office-holders/clergypay/car_loans.aspx

9.4 Clergy Legal Protection - There are, unfortunately, occasions when clergy may find themselves accused of committing an offence under the Race Relations Act 1976, the Sex Discrimination Act 1975, or the Data Protection Act 1998. The Diocese has a Clergy Legal Defence Protection Policy with the Ecclesiastical Insurance Group which indemnifies clergy beneficed in or licensed to parishes in the Diocese against the expense of reasonable and necessary legal costs incurred in defending themselves in civil cases.

9.5 It is a requirement of this policy that clergy wishing to take advantage of this cover should contact DAS Legal Expenses Insurance Company Ltd, DAS House, Quay Side, Temple Bank, Bristol, BS1 6NH on 0117 934 22151 as soon as help is needed quoting Ecclesiastical Insurance Group Policy No 07/GEN/9120981.

9.6 The Diocesan Secretary must also be informed (01432 373312)

9.7 DAS will arrange for a local solicitor, appointed from a nationwide panel, to contact the clergy person and provide the necessary assistance during or following any investigation by the Police. Clergy can phone DAS at any time on the above number. Lines are open 24 hours a day, 365 days a year. Calls may be recorded. If a solicitor is required to act on an insured person’s behalf during or following an investigation by the police, this will be arranged by DAS.

Parochial Fees

10.1 Incumbents are entitled to receive fees in accordance with the Parochial Fees Order made under the Ecclesiastical Fees Measure 1986.

10.2 Currently, clergy are able to decide whether to assign these fees to the Diocesan Board of Finance. This is under review and the handbook and statement of particulars will be amended to take account of any changes to the legislation that may occur.

10.3 Whether clergy assign fees due to them or not, they must report all fees received to the DBF. If fees are not assigned then the amount received in fees will be taken into account in calculating the stipend that is to be paid.

10.4 For further details about fees see Appendix 2.

Expenses

11.1 The Central Stipends Authority’s annual recommendations for the level of stipends are made on the basis that parochial expenses are reimbursed in full. If, therefore, clergy do not claim all their expenses, or their expenses are not fully reimbursed, they are receiving less than their full stipend. PCCs should be committed to reimbursing clergy expenses in full.

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11.2 The Statement of Particulars for those on common tenure sets out the entitlement to be reimbursed for expenses reasonably incurred in connection with carrying out the office. It also makes it clear that reimbursement is the responsibility of the PCC(s)

11.3 A booklet that gives guidelines to parochial clergy and PCC treasurers about the reimbursement of expenses is available from the Church of England website at:-

http://www.churchofengland.org/media/1165912/2006%20booklet.pdf

11.4 The diocese recommends that the Inland Revenue rates on mileage be used for travel expenses. The rates for the current year including those for cycling can be found at:-

http://www.hmrc.gov.uk/rates/travel.htm

11.5 The use of public transport is encouraged wherever practicable. As a policy, travel by car outside of this diocese is only paid at 25p per mile for the whole journey.

11.6 For further information on expenses see Appendix 3.

Termination of Appointment

12.1 Full Common Tenure - The term of the office may only be terminated on the following grounds:-

a. Resignation

Clergy are required to give written notice of not less than 3 months to resign their office but this is variable by agreement with the diocesan bishop.

b. Capability

The diocesan bishop is required to give written notice of not less than 3 months to remove a member of clergy from office following a decision to do so under the capability procedure.

c. Discipline

A member of clergy can be removed from office following a finding of guilt under the Ecclesiastical Jurisdiction Measure 1963 or the Clergy Discipline Measure 2003.

d. Death

e. Reaching retirement age

The office terminates when the office holder reaches the retirement age specified in relation to the office in the Ecclesiastical Offices (Age Limit) Measure1975 or the expiration of any period which the office holder is permitted to remain in office after retirement age.

f. Office ceases to exist because of a pastoral scheme or order

g. Office is designated as held in conjunction with another office or employment which ceases to exist.

h. Where the office holder is a priest in charge and the vacancy ends .

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12.2 Qualified Common Tenure - In addition to the reasons given in section 12.1 above Qualified Common Tenure may be terminated at the expiry of a fixed term.

a. Under Common Tenure a person may be appointed to office for a fixed term or under terms which allow the office to be terminated on the occurrence of a specified event. The circumstances under which this Qualified Common Tenure can be used are set out in paragraph 2.5 of this handbook.

b. Where a qualified common tenure post is terminable under specified circumstances or is fixed term, the circumstances or end date of the fixed term must be included in the statement of particulars.

c. For those clergy appointed to hold office as an archdeacon or incumbent, vicar or a deacon in a team ministry with Qualified Common Tenure because of an impending pastoral re-organisation, if their posts cease to exist because of that reorganisation, the compensation for loss of office is limited to a maximum of one year. This also applies to any other office holder whose office ceases to exist in consequence of a pastoral scheme or order and who is not otherwise entitled to compensation under section 26 of and Schedule 4 to the Pastoral Measure 1983 as well as Priests in charge whose licence is revoked during a vacancy as the vacancy comes to an end.

Housing

13.1 The majority of clergy are required to live in accommodation provided for the better performance of their duties.

13.2 Incumbents - Incumbents generally occupy the designated parsonage house for the benefice, unless otherwise agreed by the Bishop. This is subject to the rights and duties set out in the Repair of Benefice Buildings Measure 1972 and its code of practice.

13.3 Other Clergy - Every office holder, other than an incumbent, who receives a stipend, is entitled under the Ecclesiastical Offices (Terms of Service) Measure 2009 to be provided by the relevant housing provider with accommodation reasonably suitable for the purpose. This is known as a ‘house of residence’. It is occupied for the better performance of the duties of the office holder. It does not create a relationship of landlord and tenant between the relevant housing provider and the office holder.

13.4 Details relating to the provision of housing and the duties and responsibilities of the housing provider and officer holder can be found at paragraphs 12-14 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 at:-

http://www.commontenure.org/

13.5 Vacating the Premises - Clergy are required to vacate the house within one month of vacating office or within such longer period as the housing provider may allow.

13.6 Removals - See Appendix 4 (and also section 8.1)

13.7 Guidance on Housing - The Diocese has a legal responsibility to maintain all houses occupied by incumbents, team vicars and priests-in-charge but needs the help and co-operation of all clergy and their families. The clergy have a responsibility for small household repairs.

13.8 For further detailed information on diocesan housing policies and procedures see Appendix 5.

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Ministerial Development Review (MDR)

14.1 MDR is about having a guided discussion framed round the office holder’s ministry.

14.2 It should allow reflection on the time since the last review and the opportunity to plan for the future.

14.3 Under common tenure each diocesan bishop is required to provide a scheme for Ministerial Development Review and each office holder is required to co-operate and participate.

14.4 In providing a scheme, the bishop has to have regard to Archbishops’ Council Guidance.

14.5 For full details of the scheme see Appendix 6

14.6 Although there is no requirement that those who remain on the freehold should take part, the diocese will continue to offer it to everyone.

Continuing Ministerial Development (CMD)

15.1 Continuing Ministerial Development is about equipping and developing the Church’s ministers in order that they may stimulate and enable the whole Church to participate more fully in the mission of God in the world. It involves fostering a culture of lifelong learning which applies to clergy, readers and licensed lay ministers and aims to:-.

a. Provide, resource and encourage professional development in ministry.

b. Help clergy to engage in dialogue with scripture and tradition and to develop the skills of critical theological reflection.

c. Assist clergy to understand the society of today and how the gospel may be interpreted in relation to the key issues.

15.2 Expectations - The Bishop expects that clergy will set aside regular time for study and for professional development in ministry and will undertake at least five days per year, together with a retreat. Consideration of continuing education and professional development is a key aspect of Ministerial Development Review.

15.3 Current CMD Programme - Details of the current programme of CMD events are available from the Ministry Development & Training Team office at:-

http://www.hereford.anglican.org/churchwork/mission_ministry_and_development/index.aspx or on 01584 871082

15.4 Grants - For further details on grants in support of CMD see:-

http://www.hereford.anglican.org/churchwork/training/continuing_ministerial_education_cme/index.aspx

15.5 Study Leave/Sabbatical - The opportunity to devote time to a period of study or a personal project, which includes rest completely free from parish duties can be an enriching and affirming experience. It need not necessarily be for a long period, though a month would be the minimum for any real benefit. For some, it may only prove possible when between posts, but it should be a period genuinely away from the demands of day-to-day work.

15.6 Sabbaticals are normally undertaken after 10 years of public ministry.

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15.7 Discretionary grants are available for substantial pieces of work. For details see:-

http://www.hereford.anglican.org/churchwork/training/continuing_ministerial_education_cme/study_leave_sabbaticals.aspx

Well-Being

16.1 Clergy are encouraged to develop and maintain a good work-life balance. Ordained ministry is demanding – physically, emotionally, mentally and spiritually. No priest can ever ‘switch off’ his or her vocation and calling to serve Christ. However, periods of rest, refreshment and time off are important and should be taken.

Annual Leave

17.1 Clergy as officer holders are responsible for planning their working lives and ensuring that sufficient time is allowed for holiday and rest. The bishops and archdeacons will support the clergy to achieve a proper balance.

17.2 Clergy are encouraged to discuss and coordinate their holiday plans and days off with fellow clergy in the parish, team, cluster or chapter, and to plan holiday absence well in advance so that proper provision for cover can be organised. It is their responsibility to organise cover for periods of absence from the parish.

17.3 Clergy should ensure that their Rural Dean is informed of any absence from the parish.

17.4 Churchwardens and PCCs are encouraged to ensure that their clergy are taking time off in accordance with this guidance, and to help make this possible.

17.5 Clergy are encouraged to take time for an annual retreat (maximum of six days and not including a Sunday) and for CMD. This is in addition to the annual leave entitlement.

17.6 Clergy wishing to take other time away from the parish (for example attending non-CMD conferences, leading parish weekends, participation in trips and visits) should discuss this with their churchwardens prior to making the arrangement.

17.7 Because clergy are appointed by the Diocesan Bishop to share in his cure of souls, they are expected to play their part in the work of their own deanery and the diocese as a whole, as well as the more particular responsibilities of their own post. Some clergy, such as those on General Synod, may also have wider regional or national roles.

17.8 Where there is any uncertainty about the appropriateness of clergy having time away from the parish, this should be resolved with the involvement of the Rural Dean in the first instance.

Clergy on Common Tenure

17.9 Full time clergy on Common Tenure are entitled to take 36 days annual leave in each leave year. This includes leave traditionally taken after Christmas and Easter, which should be taken within one month of Christmas, and Easter respectively.

17.10 The leave entitlement or part time clergy is calculated pro rata based on a six-day working week. This is set out in your Statement of Particulars.

17.11 The leave year begins on 1 January each year. Clergy appointed part way through a leave year are entitled to take a pro rata amount of annual leave.

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17.12 In addition full time clergy are entitled to the following bank holidays:

a. New Years Day

b. Easter Monday

c. May Bank Holiday Monday

d. Spring Bank Holiday Monday

e. August Bank Holiday Monday

f. Boxing Day

g. Plus a day off in lieu for Christmas Day and Good Friday.

17.13 Without the prior permission of the Bishop clergy may not take annual leave on the following days

a. More than 6 Sundays in a year

b. Good Friday

c. Easter Day

d. Christmas Day

Clergy on Freehold

17.14 For clergy on freehold, holiday arrangements continue as before Common Tenure was introduced. If in doubt contact your Archdeacon.

17.15 Rest Period - Clergy on Common Tenure are entitled to a minimum rest period of 24 hours within any 7 days. Clergy are also encouraged to take an uninterrupted rest period of 48 hours once a month.

17.16 Rest days must not be taken on

a. A Sunday

b. Ash Wednesday

c. Ascension Day

d. Good Friday

e. Easter Day

f. Christmas Day

17.17 Clergy are often required to work evenings and long, unsociable hours. They are therefore encouraged to take reasonable breaks within the working day.

17.18 Although rest periods are not an entitlement for clergy on freehold, it is the policy of the Diocese to encourage all clergy to take such breaks.

Special Leave

18.1 Special leave is usually granted on compassionate grounds. It is subject to the Bishop’s discretion and should be applied for by contacting your Archdeacon.

Entitlement to Statutory Maternity, Paternity and Adoption Pay

19.1 Stipendiary office holders are entitled, by virtue of their payment of National Insurance contributions, to statutory maternity, paternity and adoption pay in the same way as employees.

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19.2 This applies to office holders on freehold and common tenure.

19.3 For further details see Appendix 7.

19.4 For advice on Risk assessments for expectant mothers see Appendix 8.

Entitlement to Maternity, Paternity, Adoption and Parental Leave

20.1 Under Common Tenure office holders will be entitled to maternity, paternity, adoption and parental leave in accordance with directions given by The Archbishops’ Council having regard to the rights enjoyed by employees under Part VIII of the Employment Rights Act 1996. The periods and conditions of such leave are the same as for employees.

20.2 An office holder who exercises any entitlement to leave under the Directions shall in consultation with a responsible person or authority, use all reasonable endeavours to make arrangements for the duties of the office to be performed by another person or persons during the period of leave.

20.3 For further details on Maternity, Paternity, Adoption and Parental Leave see Appendix 9.

Time off for dependants

21.1 As above, office holders have a right to take time off to care for dependents in accordance with the directions given by the Archbishops’ Council. Office holders may make a request to the bishop to take time off or to make adjustments to the office to care for a dependant.

21.2 For the purpose of the right to time off, a dependant is defined as a partner, child or parent of the office holder, or someone who lives with the office holder as part of their family e.g. elderly aunt or grandparent.

21.3 In cases of illness or injury, or where care arrangements break down, a dependant may also be someone who reasonably relies on the office holder for assistance. This may be where the office holder is the primary carer or is the only person who can help in an emergency.

21.4 The request should be made in writing.

21.5 The bishop must consider the request and may agree to any adjustments or time off as considered reasonable. There is no obligation to agree to the request.

21.6 The bishop may impose conditions including an appropriate variation in stipend.

Time off for public duties

22.1 Office holders are entitled to reasonable time off for public duties. This does not include time off for activities that would normally be considered to be part of the office.

22.2 Public duties are defined as any work done:-

a. For a public authority including membership of a court or a tribunal, or for a charity within the meaning of the Charities Act 2006 or a registered friendly society.

b. In connection with the activities of an independent trade union representing office holders of a description which includes the person in question.

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22.3 In circumstances where there is compensation for loss of income when undertaking public duties, the office holder should claim from the appropriate body and notify the Finance Secretary so an appropriate reduction can be made to the stipend.

Jury Duty

23.1 On receipt of notice of jury service, you should inform the Finance Secretary.

23.2 You are expected to claim the attendance allowance and that allowance will then be deducted from your stipend.

Sickness

24.1 Cover for Sickness - All office holders under common tenure – whether in receipt of stipend or not – are now legally required to:-

a. Use all reasonable endeavours to make arrangements for the duties of their office to be performed by another person (this obligation can often be discharged by the office holder informing an appropriate person of his or her absence) In parochial posts where the individual is unable to do this the responsibility lies with the churchwardens, in consultation with the Rural Dean where necessary.

b. Provide a certificate signed by a doctor for any absence for a period of more than 7 days.

In addition, stipendiary office holders are required to report any sickness absence amounting to one day or longer – this a requirement relating to the payment of Statutory Sick Pay.

24.2 Sickness Payments - All stipendiary clergy are entitled to payment of statutory sick pay by virtue of the payment of national insurance contributions.

24.3 In order to comply with the statutory requirements for statutory sick pay (if applicable) you must report your sickness absence to the Finance Secretary , the designated person for this purpose.

24.4 Clergy are entitled to receive in full any stipend which is payable in respect of their office if they are entitled to receive statutory sickness payments under part XI of the Social Security and Contributions and Benefits Act 1992(a)

24.5 Statutory sick pay (SSP) is payable for 28 weeks in respect of any one period of incapacity for work. One period of incapacity can be linked to another if they are separated by no more than 56 days. The linked periods constitute a single period for the purpose of calculating the maximum entitlement.

24.6 The payment of full stipend will include the entitlement to SSP.

24.7 If the sickness absence continues beyond the date when entitlement to SSP ceases, the stipend will reduce to half level for a further 24 weeks and then cease. Without prejudice and in extremis (e.g. terminal illness) the Diocesan Bishop may then, at his discretion, pay an additional sum.

24.8 In addition to the above, there continues to be charities to which clergy may make application for financial assistance.

24.9 In cases where the payment continues, it shall be reviewed formally every three months in the light of the medical evidence available. This will be in addition to ongoing pastoral care and support from Bishops, Archdeacons, Rural Deans and others. As part of such review, and In accordance with Regulation 28, the bishop may well seek the independent advice of an Occupational Health doctor.

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24.10 After 28 weeks of SSP, the office holder is entitled to claim Employment and Support Allowance (ESA) directly from the government. Office holders will be notified by the Church Commissioners, Clergy Payments Department when SSP ceases and will be given information on how to claim ESA. The stipend will be reduced by the amount of ESA received.

24.11 There is no entitlement to SSP during a phased return to work.

24.12 Long Term Sickness – Where long term sickness extends, or on the basis of medical advice is likely to extend, beyond 52 weeks and prevents the individual from adequately exercising their ministry the Bishop will, medical condition allowing, discuss with the individual the best course of action for both the individual and the benefice in which they serve.

24.13 Such matters will be dealt with on a case by case basis under Part 6 of the Capability Procedure (see paragraphs 28.1 & 28.2).

Pension

25.1 The service of stipendiary clergy is pensionable within the Clergy Pensions Scheme.

25.2 Self-Supporting clergy are not covered by the Clergy Pensions Scheme.

25.3 If you retire at normal pensionable age and you have acquired full-time pensionable service in the Church of England, you will get a full pension plus a lump sum retirement benefit.

25.4 If, when you retire, you have less than full pensionable service, your pension and lump sum will be reduced appropriately. Pensions are linked to the national minimum stipend for incumbents and are reviewed annually by the Church of England Pensions Board taking effect from 1 April.

25.5 Under the Ecclesiastical Office (Age Limit) Measure 1975 clergy automatically vacate office on the day they attain the age of 70 (if they have not voluntarily retired earlier). With effect from 1 January 1992, all new entrants to the clergy pensions’ scheme had a minimum normal pension age of 65. In 2010, clergy pension arrangements were reviewed and from 1st January 2011 the retirement age is 68. For further details of changes to the Pension scheme see the Pensions Board webpage at:-

http://www.churchofengland.org/clergy-office-holders/pensions-and-housing/pensions/ceps.aspx

25.6 Clergy may retire earlier on a Clergy Pension within 5 years of normal retirement age, but the Pension will be reduced (see 25.4 above).

25.7 Early retirement may also take place because of permanent ill health.

25.8 Additional Voluntary Pensions Contributions - It is possible to buy an increased pension by making additional voluntary contributions for this purpose.

25.9 There is an approved supplementary pension scheme operating under the CofE Pensions Measure. This scheme enables you to save regularly on a voluntary basis. You will obtain full income tax relief on the amounts you save at the highest rate of tax you pay on earned income and your savings will accumulate in fund free tax on income and capital gains.

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25.10 The benefits built up by your savings will eventually emerge at retirement as tax-free cash sum or a pension, which will be in addition to all other benefits you are going to receive. As substantial tax reliefs are available, the contributions and benefits are subjected to certain limits set by the Inland Revenue.

25.11 The scheme is administered by the Pension Board which also acts as Trustee.

25.12 For details apply to:-

The Secretary The Church of England Pensions Board 29 Great Smith Street London SW1P 3PS Tel: (020) 7898 1800

25.13 Further details on the scheme may be obtained by accessing ‘Clergy Pensions – the Facts’ and ‘Your Pension Questions Answered Online’ using the following links:-

http://www.churchofengland.org/media/49893/facts.pdf

http://www.churchofengland.org/clergy-office-holders/pensions-and-housing/pensions/ceps/info/ypqaonline.aspx

25.14 The Pensions Department is responsible for the administration of the schemes and can be contacted as follows:

a. e mail: pensions@churchofengland.org

b. Telephone: 020 7898 1800

c. Fax: 020 7898 1801

d. By post at the address at 25.12.

25.15 From 1 January 2011 a number of changes to the scheme will be implemented. The information on the Pensions Board website will be updated to incorporate these alterations. The changes are summarised below.

a. The Clergy Scheme will be contracted into the State Second Pension Scheme (S2P). This means that clergy will receive S2P in addition to the Basic State Pension. The full pension from the Clergy Scheme will, in consequence, reduce from two-thirds of National Minimum Stipend (NMS) to half of NMS for future service. This means members will thereby earn a smaller scheme pension but a higher State pension for future service. This change will have a broadly neutral effect on total pension entitlement from all sources.

b. The Archbishops’ Council, acting as the Central Stipends Authority, will adopt a policy that the NMS will, in future, increase on average in line with annual changes in the Retail Prices Index (RPI), subject to the need to review the position if high levels of inflation establish themselves and also once the deficit on the pensions fund has been cleared.

c. The accrual period for future service from 1January 2011 will be 41½ years rather than 40 years.

d. In the context of the wider ill-health proposals endorsed by Synod in February, the CEFPS rule has been amended, in particular so that, in future, standard ill-health retirement pension will be based upon years earned without reduction or early payment plus a graduated enhancement calculated according to completed years of service.

e. Pension rights in relation to Civil Partners will be the same as for spouses.

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Retirement Housing

26.1 The Church’s Housing Assistance for the Retired ministry (CHARM) came into operation in 1983 and the Pensions Board is able to assist beneficiaries with retirement accommodation through the Shared Ownership Scheme, with rental properties or in Supported Housing Schemes (formerly known as Residential Homes). For details see:-

http://www.churchofengland.org/about-us/structure/cepb/housing.aspx

26.2 The Pensions Board administers over 1,000 properties which are available from time to time for letting to retired clergy or their widows/widowers who cannot afford, even with help of the pensions Board’s Equity Sharing Scheme, to buy a house of their own.

26.3 Occupants are required to pay a Maintenance Contribution which is a restricted percentage of gross income. If occupants have exceptionally high costs or low income, smaller contributions may be allowed at the discretion of the Board.

26.4 Details of the Equity Sharing Mortgage scheme are obtainable from the Pensions Board. The Board can extend a loan on an equity-shared basis to all clergy normally from 62 years of age – thus helping you to buy a house in advance of your retirement. Lower age limits apply in certain cases: the Pensions Board will advise on individual circumstances.

Disciplinary Measures

27.1 The disciplinary rules and procedures which apply to clergy on both freehold and common tenure are contained in the Ecclesiastical Jurisdiction Measure 1963 and the Clergy Discipline Measure 2003.

The following sections 28 [Capability Procedures] and 29 [Grievance Procedure] direct readers to external documents which have been nationally agreed. These documents provide a legal framework to guide the church and its office holders in complex situations. The documents are necessarily somewhat technical. This Handbook introduces each section with a brief non-technical introduction. However in each case the external document contains the definitive version.

Capability Procedure

28.1 As part of Common Tenure, a procedure for dealing with capability issues has been introduced for those who hold office in this way.

28.2 “Capability” means what it says: it refers to a person’s capacity to exercise the duties of his or her office. It is not a judgement on the person’s character or worth. A person may be rendered incapable by circumstances beyond his or her control.

28.3 When a person is unable or failing to exercise his or her duties adequately, the Capability Procedure provides for offers of assistance, such as training and supervision, to help the person reach the expected standard. The primary objective of the Procedure is to enable the person to succeed in his or her ministry.

28.4 However sometimes it may be necessary to issue formal warnings or in the last resort to remove a person from office.

28.5 Details of this procedure can be accessed at http://www.commontenure.org/

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Grievance Procedure

29.1 Common Tenure also introduces a new procedure for dealing with the grievances of the clergy.

29.2 Usually, those who feel they have been disadvantaged should be able to address their concerns without resort to formal proceedings. But if this is not possible, the Grievance Procedure provides office holders with a mechanism to ensure that their complaints are dealt with promptly, fairly and consistently.

29.3 The Procedure holds out the possibility of mediation and a restoration of damaged relationships. Reconciliation is a desired outcome, but never at the expense of failing to deal adequately with the issues raised.

29.4 Details of this procedure can be accessed at http://www.commontenure.org/

Pastoral Care and Counselling

30.1 To seek help at times of personal crisis and stress is a sign of strength not weakness. Moreover, for some people, skilled and professional help at an early stage can be the factor that prevents a major breakdown with all the hurt and waste that that involves. Therefore, it is important that clergy and their partners should know where appropriate help is available.

30.2 Arrangements have been put in place to make available to clergy and their partners the services of trained counsellors, over and above the normal pastoral care offered within parishes, deaneries and the diocese.

30.3 For details see Annex 11.

Spiritual Direction

31.1 All clergy are expected to have a “Spiritual Director”. For those looking for a spiritual director, the Continuing Ministerial Development Officer at the Ludlow Diocesan Office (01584 871082) is available to help people find somebody appropriate. There is a diocesan network and a list of those available to help with this ministry.

Financial Support and Grants

32.1 Grants to assist clergy in a wide variety of circumstances are available from a number of charities and institutions. In applying for help, it is important to apply to those sources most likely to give help for your specific purpose and at the level you have in mind. The Directory of Grant Making Trusts contains all the relevant information. The Directory is also now available on CD or on-line.

32.2 Where assistance is required because of personal financial difficulties, there is often an obligation to agree a debt management programme. To assist clergy to manage their finances, the Diocese has arranged for a debt counselling service where Mr David Welch acts as Honorary Diocesan Debt Counsellor. He offers a confidential service to all clergy and accredited lay ministers and can be contacted on Rotherham (01709) 378552

32.3 A few well known charities which will help clergy and their dependants are:

Sons of the Clergy and Friends of the Clergy now operate jointly; see their website at:

http://www.sonsoftheclergy.org.uk/

32.4 In an emergency contact a Bishop or Archdeacon.

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Holiday Accommodation

33.1 Some charities will be prepared to help with holidays.

33.2 St Deiniol’s Residential Library is glad to welcome retired clergy for holiday and refreshment at special rates.

http://www.st-deiniols.com/accommodation/

33.3 Other places that offer holidays include retreat and conference houses listed in the Church of England Yearbook.

33.4 The friends of the Clergy Corporation offer holiday flats in Eastbourne.

http://www.friendsoftheclergy.org.uk/

33.5 See also the following for information on holidays for Christian workers:-

http://www.oscar.org.uk/about/mrsheets/ukholidays.pdf

Conclusion

34.1 The information given in this Handbook and the Appendices and cross-references is a combination of factual and statutory information together with policies and some guidance notes. While it is of course as accurate as possible the hard copy will become out of date. The “on-line” version will be kept as up-to-date as possible.

34.2 Whilst every effort is taken to ensure the accuracy of statements, other than its statutory and contractual obligations the Hereford Diocesan Board of Finance cannot accept any legal liability for any loss.

34.3 Individuals should consult the Diocesan Secretary or Archdeacons for guidance and take financial or legal advice as appropriate.

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APPENDIX 1

Stipends Benefits and Taxation

A1.1. The Central Stipends Authority determines a national policy on stipends and related matters within which the diocesan policy on stipends, pensions and benefits is framed.

A1.2. Current rates of stipend may be found on the Diocesan Website at:-

http://www.hereford.anglican.org/content/2012stipendlevels.pdf

Benefits in kind

A1.3. If your emoluments are at the rate of £8,500 a year or more (including reimbursed expenses, benefits and payments) you will be “higher-paid” for the purpose of being eligible to assessment to tax on your benefits in kind.

A1.4. These are: -

a. Heating, lighting and cleaning.

b. Repairs, maintenance and decoration (except those arising from structural alterations and additions).

c. Provision of furniture.

d. Provision of other appurtenances or effects which are normal for domestic occupation.

e. Other services e.g. gardens and domestic services (other than cleaning) The first four items above are however subject to a limit of 10% of the net amount of the emoluments of your employment – i.e. gross emoluments (everything received by reason of your office whether in cash or in kind).

Less:

f. Any capital allowance.

g. Expenses allowed for tax purposes.

h. Contributions to approved superannuation schemes (e.g. additional voluntary contributions to augment your pension).

i. Premium Payable under approved retirement annuity schemes for the self-employed.

A1.6. The costs of services will be apportioned between the domestic part of your house and that part used for the performance of your duties in determining those which are taxable.

A1.7. Emoluments include everything paid to, or on behalf of, you and your family in connection with your appointment except:

a. Reasonable removal expenses where you change residence as a result of taking up a new appointment

b. The cost of provision of retirement or death pensions, annuities, gratuities etc for your spouse, children or other dependants

A1.8. They therefore include stipends, fees and Easter offerings, travelling, subsistence and entertainment expenses and other reimbursed expenses (e.g. cost of telephone or car running if paid direct by the PCC).

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Employer/Pension payer reference

A1.9. This does not mean these expenses will be taxable merely that they will be included in the calculation to determine whether you are “higher-paid”.

Taxation

A1.10. Guidance on clergy tax matters may be obtained from the Churches’ Legislation Advisory Guide pamphlet entitled “Taxation of Ministers of Religion: a rough guide” which may be viewed/downloaded from:-

http://www.churcheslegislation.org.uk/publications

A1.11. Although legally self-employed, clergy are classed as ‘’employed earners’’ for tax and National Insurance purposes. The Church Commissioners deduct tax and National Insurance contributions from your stipend under PAYE and account for this to the Inland Revenue.

A1.12. Clergy tax matters used to be dealt with by a specialist office in Bradford but are now dealt with by your local office. To find your tax offices go to:-

http://search2.hmrc.gov.uk/kbroker/hmrc/locator/locator.jsp?type=1

and then insert the tax reference from your latest clergy payslip in the following section:-

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APPENDIX 2

Fees

A2.1. The Diocesan Policy is not to allow waiving of fees for any reason whatsoever, except for the funerals of children, as recommended by the General Synod.

Assignment of Fees

A2.2. Deed of Assignment forms may be obtained from the Finance Secretary (01432 737305). If you assign your fees, you must pay over monthly to the DBF any fees received by you in that month. It is essential that you do this promptly with a completed Remittance Form detailing the occasional offices taken. The arrangement may be discontinued if you fail to do this.

Interregnum

A2.3. The Churchwardens must pay over to the DBF any fees due to be paid to an incumbent (and not retained by visiting clergy or readers officiating at the occasional offices) together with any rents received from the letting of self-contained parts of the clergy house.

Assistant/Associate Ministers

A2.4. Are not entitled to fees and their stipends will be reduced by any fees they have been allowed to retain.

Rents

A2.5. If the Parsonage House contains rooms which are let to others, the incumbent must declare the income he receives each year (though this will not be taken into account for augmentation purposes).

Augmentation

A2.6. The level of fees varies from one year to another. For 2010/2011 Augmentation purposes, the fees for the STIPENDS’ year will be deemed to be the same as those actually received in the STIPEND year to the 31 March 2010. If the annual rate of fees falls during 2010/2011, application may be made to the Diocesan Secretary for a revision of the augmentation grant.

A2.7. If the annual rate of fees increases during the year, any additional income received over and above the Diocesan Minimum Stipend may be retained (though actual fees to 31 March 2010 will be used in the calculation of augmentation grants in the Stipends year 2010/2011).

A2.8. On leaving during the year, any increase in fees received up to the date of departure may be retained. In the new living “annual rate of fees” figure will be that of the previous incumbent for the 12 months to 31 March last.

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APPENDIX 3

Expenses

A3.1. The Diocese has a Working Expenses’ scheme for all licensed Clergy and Assistant Staff in service in the Diocese. Copies are normally sent to all new clergy shortly after their arrival.

A3.2. Please contact the Diocesan Finance Officer if you have not received one.

A3.3. Incumbents should ensure that Assistant Staff are properly reimbursed their expenses in accordance with the Scheme.

A3.4. Briefly, the proper reimbursable working expenses of clergy are:

a. Postage

b. Stationery

c. Telephone

d. Public Transport

e. Car running and Depreciation

f. Secretarial Assistance

g. Maintenance of Robes

h. Hospitality

i. Provision of Locum Tenens

A3.5. The recommended rates for reimbursement of motoring expenses in are set out below:

Travel within the Diocese Up to 10,000 miles Over 10,000 miles

Car 40.0p 25.0p

Motorcycles 24.0p

Pedal Cycles 20.0p

Travel outside the Diocese

All cars 25.0p

A3.6. These figures, set by HM Customs and Revenue, have remained unchanged since 2002 and are the maximum amounts which can be paid to employees for work-related mileage in their own vehicles without any tax or National Insurance being incurred. There are no longer different rates for different engine sizes.

A3.7. Working expenses should be reimbursed in full by the PCC.

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APPENDIX 4

Removals

A4.1. The Diocesan Board of Finance (DBF) will, at its expense, arrange for the removals of clergy and accredited lay ministers on taking up one of the following full-time stipendiary posts within the Diocese:-

a. Archdeacons and ministers of incumbent status,

b. Assistant Curates, Deaconesses and licensed lay ministers provided that their previous appointments have been in an English Diocese or, in the case of a first appointment, that they have taken up their appointment immediately following the completion of training.

A4.2. The amount of any contribution towards the removal expenses incurred by a person whose previous appointment was not in an English Diocese, or who did not take up their appointment immediately following their training, will be determined by the DBF in the circumstances of the individual case.

A4.3. The Board will usually pay the cost of removal from the port of debarkation for clergy coming from overseas.

DIOCESAN RULES

A4.4. Breakage or damage to china, glassware and fragile articles is not covered on insurance unless they are professionally packed and unpacked by the removal contractors or their subcontractors, but household goods and personal effects are insured by the Diocese against loss and damage whilst in the contractor’s custody for removal or storage.

A4.5. Cancellation charges resulting from late postponement of removals will be the clergy's responsibility if the postponement is for their own convenience.

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APPENDIX 5

Guidance on housing

A5.1. On appointment to a living you will be given the opportunity to discuss with the Diocesan Surveyor and/or the any repairs or improvements you feel need to be carried out on the parsonage house.

A5.2. Approved work will normally be put in hand by before you arrive.

A5.3. Each Parsonage is inspected every 5 years by the Diocesan Surveyor. His report is passed to the incumbent and the Parsonages Committee for their comment and arrangements for financing approved works.

A5.4. The work is carried out by approved contractors who will visit in order to estimate the cost of the work involved. All work is approved by the surveyor before bills are paid. The incumbent is given the opportunity to comment on the work done.

A5.5. All emergency repairs necessary should be reported to the Housing Manager (01432 373307) who will authorise any work to be carried out.

A5.6. Parochial Church Councils pay Parish Share which contributes towards the cost of quinquennial and interim repairs, insurance and administration.

Insurance

A5.7. Buildings’ insurance is arranged by the Parsonages Committee and any claims should be notified to the Housing Manager. However, all clergy need to insure the contents of their houses themselves, advisedly on a ‘new for old’ basis.

A5.8. If the property is to be left unoccupied for more than 30 days the Housing Manager (01432 373307) must be informed.

Council Tax & Water Rates

A5.9. The DBF pays Council Tax and Water Rates for all Stipendiary clergy and their spouses.

Appliances

A5.10. The Diocese does not provide, free standing, domestic appliances (refrigerators, freezers, washing machines, tumble driers, cookers etc) but, on occasions, previous occupants leave such items for the benefit of their successors. In such cases incoming occupants are free to use or dispose of the items as they wish but it is their responsibility to ensure that such items are safe and fit for use.

A5.11. Should such items become defective or beyond economical repair then repair or replacement is the responsibility of the occupant and will not be funded by the Diocese except where built in appliances exist as an integral part of a fitted kitchen. In such circumstances the Diocese will accept responsibility for repair and replacement of these appliances.

Chimneys

A5.12. The regular sweeping of chimneys used for open fires, woodburners or any other solid fuel burning fires is essential. Chimney fires can cause great damage to the house and unnecessary inconvenience to the family. This is a clergy responsibility.

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Air bricks/damp course

A5.13. It is essential to ensure that no earth is blocking any airbricks and that no earth is above the damp course. Walls should be kept free of earth to a depth of about 9” (225 cm) below ground floor level or 6” (150 cm) below the damp course.

External Fabric

A5.14. Vegetation such as ivy should be kept off the face of the building and if clematis and the like are to be grown they should always be kept clear of gutters and soffits and certainly NOT allowed to encroach under roof voids

Gates

A5.15. It has been found in a number of cases that entrance gates to parsonage houses are rotting away principally due to neglect by the occupants of the house. The gates are left permanently open and weeds and rubbish are allowed to collect and grow around the bottom rail. In quite a short time rot sets in and travels to the uprights making the gates useless. You are requested therefore to ensure that entrance gates are kept free from undergrowth and clear of the ground - it only takes a few months of neglect for rot to set in.

Driveways

A5.16. Weeds should be removed and drains kept clear of earth, leaves and other obstructions. If vegetation is allowed to get hold around the perimeter of the drive particularly, it will cause the tarmac surface to break up and deteriorate. This is also true around the edges of gulley pots and man holes where located in tarmacadam surfaces.

Gardens

A5.17. The garden should be kept in a reasonable state of orderliness with grass cut and the paths and drives free of weeds and moss. If the garden has suffered years of neglect it is your responsibility, before leaving, to engage a contractor at your expense to ensure that it is in a reasonable state of maintenance to be handed over to your successor.

General Obligations

A5.18. You have a duty to take proper care of the house, being a duty equivalent to that of a tenant with all the responsibilities that that entails. Not the least of these is to ensure that the house is left in a condition which makes it immediately available for occupation by your successor - this also includes the garden. While external painting and any necessary maintenance under the quinquennial inspection is the responsibility of the Board internal decorations remain the responsibility of the house occupant(s).

A5.19. You are required to keep the house, fittings, floors, windows, etc internally clean and in good decorative order. A rolling programme of internal redecoration should be undertaken to ensure that when leaving the property it is in a similar condition to that which it was when you took up occupation. In this respect the following grants are available:

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a. Hall stairs and landing - the Diocese will pay for this in full subject to competitive tendering from which it follows that this work must be undertaken by a professional contractor.

b. All other areas of the house :-

i decorations on a ‘DIY’ basis - reimbursement of materials used upon production of relevant receipts.

ii Decorations where a professional is employed - reimbursement of 50% of invoice.

A5.20. In case of doubt please refer to the Housing Officer.

A5.21. The internal decorative state of the property will be reported upon when the Diocesan Surveyor carries out his Quinquennial inspection.

A5.22. Similarly the garden should be kept in a reasonable state of orderliness with grass cut and the paths and drives free of weeds and moss. If the garden has suffered years of neglect it is your responsibility, before leaving, to engage a contractor at your expense to ensure that it is in a reasonable state of maintenance to be handed over to your successor.

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APPENDIX 6

Ministerial Development Review Process

A6.1. The Ministerial Development Review process in the Hereford Diocese has three key aims:

• to support each individual as she/he seeks to respond to their priestly vocation

• to enable clergy to reflect on their ministry in context

• to develop appropriate good ministerial practice that enables clergy to achieve a right balance of life, work, family commitments and relaxation needs.

A6.3. This is done within the understanding that priestly vocation is exercised within the different traditions of the church and by people of a wide variety of personality types and with the desire of the Diocese:

• to build a sense of community, trust, security and confidence for all clergy

• to develop leaders that share a vision for ministry and mission in the light of the Diocesan scheme for Local Ministry and the discussion about the future of the Diocese in the 2015 material.

• to respond to recent and draft General Synod legislation – Common Tenure, Clergy Terms and Conditions of Service, Clergy Discipline.

The MDR Process

A6.3. The process of the MDR is overseen by the Continuing Ministerial Development Officer on behalf of the Bishop of Hereford.

A6.4. All clergy holding a Bishop’s Licence would undertake an annual Ministerial Development Review with the assistance of a reviewer.

A6.5. It is expected that the reviewer – reviewee relationship will be a positive, open and supportive one which encourages and enables the ongoing development of the reviewee’s ministry.

A6.6. The review process would involve reflection on the nature of their ministry. Identifying its key areas, reflecting upon the areas of gifting, excellence and expertise and the areas of challenge, opportunity and need for further support and development. Through meeting with the reviewer key developmental needs will be identified and reports made to the Bishop and the CMDO. It is intended that the reports will assist in identifying developmental needs and opportunities.

A6.7. Following the review report the CMDO will meet with each priest in order to finalise the plans for developmental action.

A6.8. Every third year, the review will normally involve a broad assessment of key areas of ministry from several people with whom they work, and this information will provide additional information for reflection upon with the reviewer.

A6.9. Every third year there will be in addition to this process a pastoral meeting with one of the Bishops.

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Background

A6.10. Licensed Clergy in the Church of England are office holders and as such legally self employed. There is however considerable variation about appointments. Some appointments are freehold and have a set of rights and responsibilities and have no time limit.

A6.11. There are various schemes across the dioceses of the Church of England to review ministry and support clergy in their professional development. It is against this background of a variety of terms for appointments and variation over the quality of support offered to clergy that the Church of England embarked on a fundamental review of the way clergy are appointed to posts and supported from initial ministerial formation to retirement.

A6.12. Two reports, McClean and Hind, initiated discussion about clergy terms and conditions of service and appropriate ministerial formation and support throughout ministry. Since those reports were published the General Synod has debated and published further reports and legislation to enable the professional support and encouragement of clergy as office holders. The discussions in the church have continued against a background of concerns from the European and UK Parliaments about the “employment rights” of clergy and other church workers.

A6.13. Ministerial Development Review is part of the proposed support for clergy.

A6.14. Each Diocesan Bishop is required to implement MDR by 2011. Although there are national guidelines for the implementation of MDR each diocese is asked to develop its own scheme within the guidelines offered.

A6.15. The Hereford Diocese process is the product of the work of a working party that met under the chairmanship of the Revd Preb Brian Chave. It is overseen by the CMDO, the Revd Nick Helm with the administrative assistance of Suki Gregson-Smith and Fiona Brooke.

Contact Details:

The Revd Nick Helm Suki Gregson-Smith Fiona Brooke

n.helm@hereford.anglican.org suki@hereford.anglican.org mdt@hereford.anglican.org

01584 871082 01584 871 084 01584 871 085

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APPENDIX 7

Maternity, Paternity and Adoption Pay

Statutory Maternity Pay (SMP)

A7.1. SMP is payable for 39 weeks, at two different rates:

a. for the first 6 weeks, 90% of normal weekly earnings;

b. for the remaining 33 weeks £124.88 per week or 90% of normal weekly earnings, whichever is the lower.

A7.2. For a woman to be eligible for SMP, the following conditions must be satisfied.

a. She must have been continuously employed for at least 26 weeks at the end of the Qualifying Week (the fifteenth week before the Expected Week of Childbirth (“EWC”). For office holders paid through NCIs’ Clergy Payroll Services the number of weeks on the payroll is, in practice, treated as continuous service for this purpose;

b. Her normal weekly earnings are at least the lower earnings limit (“LEL”) for National Insurance purposes (£97 from 6 April 2010);

c. She must give at least 28 days’ notice (or as much notice as is reasonably practicable) of the date she intends SMP to start;

d. She must still be pregnant 11 weeks before the start of her EWC, or have already given birth;

e. She must supply, no more than 3 weeks after the birth, a certificate from a midwife or doctor confirming the date of her EWC;

f. She must have ceased to work.

Diocesan Maternity Pay

A7.3. Subject to the eligibility below, clergywomen and licensed lay workers who express an intention to return to work and who have completed at least one year’s service at the beginning of the 14th week before the Expected Week of Childbirth (EWC), will receive 39 weeks’ paid maternity leave on full stipend.

A7.4. To qualify for Diocesan Maternity Pay it is necessary to:

a. have one year’s continuous service at the beginning of the 14th week before the EWC;

b. be in paid service at the time maternity leave begins;

c. stop work at the earliest after the start of the 11th week before the EWC;

d. give notice to the diocesan office in writing of the intention to take maternity leave before the end of the 15th week before the EWC. The Commissioners’ Clergy Payments Department should then confirm the date in writing, including the date when the clergywoman or licensed lay worker is expected to return to work. The clergywoman/licensed lay worker can change her mind about the dates but should give 8 weeks’ notice of any changes, which should again be confirmed by the Commissioners’ Clergy Payments Department in writing;

e. give an undertaking of the intention to return to work after the birth;

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f. be pregnant at the 11th week before the EWC, or have had the baby. Women whose babies are stillborn, or who miscarry after the 24th week of pregnancy, still qualify for the full scheme terms.

A7.5. The payment of Diocesan Maternity Pay includes any entitlement to SMP.

19.2 Paternity Pay

Statutory Paternity Pay

A7.6. Statutory Paternity Pay is paid during periods of statutory paternity leave (see paragraph 2.2 below) at the prescribed rate set by the Government each tax year or 90% of the individual’s normal weekly earnings whichever is the lower

A7.7. The eligibility conditions are

a. the individual must have been continuously employed between the Qualifying Week and the child’s birth;

b. the individual must have at least 26 weeks’ continuous service at the end of the Qualifying Week;

c. the individual is the father of the child or is married to, the civil partner or the partner of the child’s mother;

d. the individual has, or expects to have, responsibility for the child’s upbringing or (if not the child’s biological father) expects to have main responsibility other than that of the mother for the child’s upbringing;

e. the individual’s absence is for the purpose of caring for the child, or supporting the mother in her care of the child.

f. the individual must have had normal weekly earnings of at least the LEL over the 8 weeks ending with the Qualifying Week

g. the individual must have ceased to work.

Diocesan Paternity Pay

A7.8. The Diocese will give 2 weeks’ paternity leave on full stipend, subject to the same conditions and eligibility criteria as apply to Statutory Paternity Pay and Leave set out above.

Statutory Adoption Pay

A7.9. This mirrors SMP, except that the rate of pay is 39 weeks at the prescribed rate set by the Government each tax year or 90% of the individual’s normal weekly earnings whichever is the lower.

A7.10. The qualifications for statutory adoption pay are

a. the individual must be the child’s adopter;

b. the individual must have continuous service for at least 26 week ending with the week the adopter is notified of being matched with a child;

c. the individual must have agreed the date of placement with the adoption agency.

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d. over the eight weeks ending with the date on which the adopter is notified of the match, the individual must have had normal weekly earnings of at least the LEL

e. the individual must have ceased to work.

A7.12. Within 7 days’ of being matched with a child, the adopter must notify the employer of the expected date of placement and the date the individual intends the adoption leave to start.

Diocesan Adoption Pay

A7.13. The Diocese will follow the CSA recommendations and give clergy and licensed lay workers who intend to return to work up to 39 weeks’ adoption leave on full pay, followed by a further period of unpaid additional adoption leave, subject to the conditions and eligibility criteria.

A7.14. Either partner may receive Adoption Pay, but not both. The other partner may receive, if they have been continuously employed for the period between the end of the week in which the adopter is notified of being matched and ending with the day on which the child is placed for adoption and subject to eligibility conditions.

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APPENDIX 8

Workplace Risk Assessment for expectant mothers

A8.1. The Diocesan policy is to follow the Archbishops’ Council, as Central Stipends Authority, guidelines on family friendly provisions (issued March 2007). Part II paragraph A10 of the March 2007 guidance refers to the requirement that an employer must carry out a risk assessment when he knows that an employee is pregnant.

A8.2. Ministry Division has provided links to various websites which give access to guidance on risk assessments for pregnant clergy.

a. The HSE have provided a flowchart for risk assessing new and expectant mothers

http://www.hse.gov.uk/mothers/flowchart.pdf

b. The HSE weblink gives a very helpful summary of the types of hazard/risk which could affect a new or expectant mother. See

http://www.hse.gov.uk/mothers/faqs.htm#a3

A8.3. The most important thing to consider in the risk assessment, once hazards have been identified, are the types of adjustments which the employer may need to make or remedial measures they may need to take.

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APPENDIX 9

Maternity, Paternity and Adoption Leave

Maternity Leave

A9.1. In addition to paid maternity leave clergy women or licensed lay workers may wish to take an additional 13 weeks’ unpaid maternity leave after the end of the period of paid maternity leave.

A9.2. In accordance with the recommendation of the CSA the Diocese gives clergy and licensed lay workers the right to return to work regardless of length of service following their maternity leave.

Paternity Leave

A9.3. The individual is entitled to a maximum of 2 weeks within 56 days after the birth, subject to the same qualifying conditions that apply to Statutory Paternity Pay and Leave.

Adoption Leave

A9.4. In addition to paid adoption leave clergy women or licensed lay workers may wish to take an additional 13 weeks’ unpaid adoption leave.

Parental Leave

A9.5. The Diocese allows Clergy and licensed lay workers to take parental leave, subject to the same conditions and eligibility criteria as applied by statute to employees.

A9.6. The objective of Parental Leave is to enable employees with parental responsibility to have time off to look after a child, or to make arrangements for the child’s welfare.

A9.7. Individuals are entitled to a maximum of 13 weeks unpaid leave (of which up to 4 weeks may be taken in any one year) before the child’s 5th birthday or the 5th anniversary of the child’s adoption.

A9.8. If the child is disabled, the entitlement is increased to a maximum of 18 weeks to be taken before the child’s 18th birthday or the 18th anniversary of the child’s adoption.

A9.9. Leave must normally be taken in blocks of one week or more, up to a maximum of four weeks in a year for each child. If less than a week were taken at a time, under the statutory scheme, this would count as a whole week. However, parents of disabled children can take leave in blocks or multiples of one day.

A9.10. The eligibility conditions are as follows:

a. the individual must have at least one year’s continuous service;

b. the individual must have, or expect to have, responsibility for the child;

c. the individual must have given at least 21 days’ notice of intention to take leave and the employer must not have postponed the leave.

A9.11. Leave may be postponed by the Diocese for up to six months from the date requested where it is considered that an office holder’s absence would be unduly disruptive.

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A9.12. If, because of postponement, the period of Parental Leave falls after the child’s 5th birthday, the employee is entitled to take leave after that date.

A9.13. Leave cannot be postponed where an office holder gives notice to take Parental Leave immediately after the time a child is placed with the family for adoption or the birth of a child.

A9.14. The Diocese has the right to request sight of evidence that the office holder is the parent of a child or has parental responsibility for the child. Examples of what might be considered suitable evidence are:

a. Information contained on the child’s birth certificate

b. Papers confirming a child’s adoption or the date of placement in adoption cases

c. In the case of a disabled child, the award of disability living allowance for the child.

A9.15. At the end of any Parental Leave of up to 4 weeks’ duration, an office holder is guaranteed the right to return to the same role as before.

A9.16. If the leave is for a longer period than 4 weeks, the employee is entitled to return to the same role, or, if that is not reasonably practical, to a similar role, with similar or better conditions.

A9.17. If Parental Leave follows Additional Maternity Leave, and it would not have been reasonably practical for the woman to return to her previous role, and it is still not reasonably practical at the end of Parental Leave, she is entitled to return to a similar role which has the same or better status, terms and conditions as the old role.

Pensionable Service

A9.18. All unpaid Maternity, Paternity, Adoption and Parental leave are pensionable, and pension contributions will continue to be paid during this period, as, under the present rules of the scheme, death in service payments can only be made during pensionable leave.

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APPENDIX 10

Death in Service

A10.1. It is wise to prepare before the event and seek legal advice on the preparation of wills. Provision for the family and certainty of the deceased’s intentions contained in a will can save much anguish.

A10.2. In practical terms, deceased clergy’s dependants face having to leave the Vicarage within 3 months or such longer period as shall be agreed with the Diocese.

A10.3. This will mean moving to live in a new neighbourhood, a new church, new schools and, in all probability the buying of a house. It may even mean a widow(er) having to seek new employment or applying for Social Security benefits; all this on top of the bereavement itself.

The Rural Dean

A10.4. The Rural Dean is the first to be informed of a death in service and will immediately take action to find other clergy to take over, temporarily, the pastoral care of the parish so that, for example, the services and occasional offices will continue.

A10.5. The Rural Dean will also alerts the Diocesan Clergy Widow(er)s’ Officer and the Diocesan Secretary.

A10.6. The Widow(er)s’ Officer will contact the Pensions Board to obtain the lump sum entitlement and the Pensions Board will send a cheque from the National Scheme. The Pensions Board will require a copy of the Death Certificate before they will pay out so the Rural Dean should ensure two copies are quickly made available.

A10.7. The national lump sum payable is 3 times the national minimum stipend for the previous year.

A10.8. The Death in Service lump sum benefits are payable at the discretion of the Pensions Board.

A10.9. Scheme members are invited to nominate beneficiaries.

After the Funeral

A10.10. Arrangements have to be made for informing authorities of the death and settling outstanding accounts, the administration of the estate, and finding alternative accommodation which means either applying to the local authority (who will give priority if there are dependant children, because they will become – technically – homeless in two months) or surveying the housing market for a suitable house to buy.

A10.11. The latter may involve making application to a building society for a loan and will involve instructing a solicitor in the purchase of the property etc. Friends and relatives will help but the Diocesan Secretary is also happy to be consulted about any financial matters. A remaining partner who is appointed as the deceased’s personal representation can wind up the estate but if there are complications it is wise to consult a solicitor.

A10.12. In addition to death benefits, the partner could claim any lump sums due under private insurance arrangements and, from the nearest Social Security Office. The

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Bereavement Payment towards the cost of the funeral is a one-off payment, the amount of which depends on the claimant’s circumstances. You should receive it if you or your partner were claiming income, council tax benefit, working families’ tax credit or disabled persons’ tax credit.

A10.13. If there are dependant children, then a widowed parent’s allowance is payable in addition to Child Benefit.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Bereaved/DG_10018848

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/Childbenefits/index.htm

A10.14. If there are no dependant children, a Bereavement Allowance is payable for widows and widowers over 55: a reduced rate payable if you are between 45 and 55.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Bereaved/DG_10018684

A10.15. These benefits are available to the widowed spouse of anyone who has paid National Insurance contributions. The Department of Work and Pensions’ website gives details of payments and eligibility for them. These benefits ARE taxable (except the National Lump Sum benefit). For further details of all benefits and allowances see http://www.direct.gov.uk/en/index.htm

A10.16. The surviving Partner will, of course, also receive a Pension from the Church of England Pensions Board which will be two-thirds of that which the deceased Partner would have received if the person had actually retired, due to ill health, on the date of the death.

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APPENDIX 11

HEREFORD DIOCESAN COUNSELLING SERVICE

A11.1. The counselling service provides emotional and psychological help for clergy, their spouses and children over 16, Ordinands, readers, readers in training, accredited lay workers and diocesan employees.

A11.2. Some of the issues which bring people to counselling are:

a. anxiety and panic attacks

b. depression

c. loss and bereavement

d. relationships (personal & professional)

e. self-image and self-concept

f. sexuality

g. stresses of ministry/work

h. suicidal feelings and thoughts

i. transitional life events or crises

Available counsellors

A11.3. The following counsellors may be contacted:-

Janet Bellamy – Diddlebury 01584 841511 – Co-ordinator, Priest Marian Gillett – Presteigne 01547 560640 – Relate-trained Counsellor, Psychotherapist in advanced training

Christine Oliver – Leominster and Hereford 01568 750454 – Relate-trained Counsellor, Psychotherapist Jessica Sullivan – Telford 07909 967307 – MBACP Accredited Counsellor Anne Towner – Hereford 07967 414555 – MBACP Accredited Counsellor

How do I contact a counsellor?

A11.4. Please ring any of the counsellors listed overleaf. Alternatively you may wish to discuss options with the co-ordinator whose number also appears overleaf.

How much will it cost?

A11.5. The first session is free. The cost of further sessions is £35 each and clients are asked to contribute as much as they can afford. Financial help to augment client contributions is available from the diocese; this is claimed by the counsellor and client identity is not divulged.

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What will it involve?

A11.6. Counselling usually involves up to 12 weekly sessions of an hour in length.

Confidentiality

A11.7. Confidentiality is crucial to the effectiveness of the counselling relationship. Client identity is known only to the counsellor concerned and not divulged to anyone else. If clients are referred by a third party there is never any feedback given to that person about the nature or content of the help given.

A11.8. There are a few rare exceptions to the confidentiality of the service. If there is risk of serious harm to the client or to others it may be necessary to consult the client’s GP or mental health professionals. Also confidentiality cannot be maintained if a breach of it is required by law. Exceptionally it may be breached with the written consent of the client.

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APPENDIX 12

Diocesan Policies and Papers

Safeguarding Children Policy

Vulnerable Adults Policy

Promoting a Safe Church Policy

Vision Report

2015 and Onward Report

2015 Follow-Up Report

2015 Follow-Up Report – Bishop’s Council Response