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DIOCESAN CLERGY HANDBOOK SHEFFIELD January 2015

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Page 1: DIOCESAN CLERGY HANDBOOK · The handbook contains both new information and existing information which has been brought ... England has a variety of arrangements for tenure of office

DIOCESAN CLERGY HANDBOOK

SHEFFIELD

January 2015

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CONTENTS

1. Introduction ................................................................................................................................. 4

2. Common Tenure ........................................................................................................................... 4 2.1 Freehold .............................................................................................................................................. 5 2.2 Common Tenure ................................................................................................................................. 5 2.3 Qualified Common Tenure .................................................................................................................. 5 2.4 Clergy Not Covered By Common Tenure ............................................................................................ 5

3. Statement of Particulars ............................................................................................................... 6

4 Role Descriptions .......................................................................................................................... 6

5 Stipend .......................................................................................................................................... 7

6 Augmentation of Stipends ............................................................................................................ 7

7 Allowances .................................................................................................................................... 8 7.1 Additional Responsibility Allowance ................................................................................................... 8 7.2 Housing Allowances ............................................................................................................................ 8 7.3 Other Allowances ................................................................................................................................ 8

8. Grants ........................................................................................................................................... 8 8.1 First Appointment Grant ..................................................................................................................... 8 8.2 First Incumbency Grant ....................................................................................................................... 8 8.3 Removal Grants and Expenses ............................................................................................................ 9 8.4 Continuing Ministerial Development Grant ........................................................................................ 9 8.5 Other Benefits ..................................................................................................................................... 9

9. Parochial Fees ............................................................................................................................. 10

10. Expenses .................................................................................................................................. 10

11. Termination of Appointment ................................................................................................. 11 11.1 Full Common Tenure ........................................................................................................................ 11 11.2 Qualified Common Tenure ................................................................................................................ 11

12. Housing ................................................................................................................................... 12 12.1 Incumbents ....................................................................................................................................... 12 12.2 Other Clergy ...................................................................................................................................... 12 12.3 Vacating the Premises ....................................................................................................................... 12 12.4 Removals ........................................................................................................................................... 12 12.5 Guidance on Housing ........................................................................................................................ 12

13. Ministerial Development Review ............................................................................................ 12

14. Continuing Ministerial Development ...................................................................................... 13 14.1 Aims for Continuing Ministerial Development (CMD). ..................................................................... 13 14.2 Expectations ...................................................................................................................................... 13 14.3 Current CMD Programme ................................................................................................................. 13 14.4 Allowances ........................................................................................................................................ 13 14.5 Study Leave/Sabbatical ..................................................................................................................... 13

15. Well-Being ............................................................................................................................... 14

16. Annual Leave ........................................................................................................................... 14

17. Rest Period .............................................................................................................................. 15

18 Special Leave ........................................................................................................................... 15

19. Entitlement to Statutory Maternity, Paternity and Adoption Pay ......................................... 16

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

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24.1 Cover for Sickness ............................................................................................................................. 17 24.2 Sickness Payments ............................................................................................................................ 17 24.3 Long Term Sickness ........................................................................................................................... 18

25. Pension .................................................................................................................................... 18

26. Retirement Housing ................................................................................................................ 20

27. Disciplinary Measures ............................................................................................................. 21

28. Capability Procedure ............................................................................................................... 21

29. Grievance Procedure ............................................................................................................... 21

30. Pastoral Care ........................................................................................................................... 21

31 Spiritual Direction ................................................................................................................... 21

32. Financial Support and Grants .................................................................................................. 22

33. Holiday Accommodation ......................................................................................................... 23

34. Other Guidance and Policies ................................................................................................... 23 35. Appendices…………………………………………………………………………………………………………………….....24

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DIOCESAN CLERGY HANDBOOK 1. Introduction At the end of January 2011, significant changes occurred in the way in which clergy hold office in the Church of England. These changes were 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. The handbook contains both new information and existing information which has been brought together to form one document. The document is set out on the Diocesan website and will have links that enable other Diocesan documentation to be easily accessible. 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 non-stipendiary or self-supporting clergy. Clergy who hold office under Common Tenure are entitled to a written Statement of Particulars that sets out the obligations and rights of office holders conferred by the Ecclesiastical Terms of Service Measure and Regulations. This is supported by the Diocesan Clergy Handbook which provides more detailed information. 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. It should be noted that neither the Statement of Particulars nor the Diocesan Clergy Handbook constitute a contract of employment. 2. Common Tenure Over the years, it had become apparent that the process for holding office that existed in the Church of England no longer sat comfortably with the 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 rights that are equivalent to those rights enshrined in employment law for those in secular occupations. Common Tenure was introduced as 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. It also applies to those who held office prior to that date who did not have the freehold. Those who held freehold at the date of implementation were invited to transfer to Common Tenure but were not obliged to do so. This means that following the implementation of the Measure and Regulations the Church of England has a variety of arrangements for tenure of office.

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Clergy on freehold will be able to opt into Common Tenure at any point following the implementation date. 2.1 Freehold The traditional method of holding office in the Church of England for incumbents. 2.2 Common Tenure The new method of holding office resulting from Ecclesiastical Offices (Terms of Service) Measure 2009. Common tenure applies to both stipendiary and non-stipendiary or self-supporting priests. 2.3 Qualified Common Tenure Under regulation 29 some common tenure posts are on a fixed term or under terms which provide for the appointment to be terminated on the occurrence of a specific event and this is known as Qualified Common Tenure. It occurs in situations where the post is 2.3.1 created to cover the absence of another office holder 2.3.2 held by a member of clergy over the age of 70 2.3.3 a training post 2.3.4 probationary 2.3.5 under Bishop’s Mission Order 2.3.6 held with another office or employment 2.3.7 subject to limited leave to remain 2.3.8 a post designated as a Locally Supported Ministry Post* *A post may only be designated as a Locally Supported Ministry Post if

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

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

o The office holder, Bishop and PCC have all given their consent in writing. 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.

2.4 Clergy Not Covered By Common Tenure 2.4.1 Those with permission to officiate (PTO) 2.4.2 Non-stipendiary Readers, Deaconesses and Lay Workers 2.4.3 Honorary Canons 2.4.4 Employed Clergy

There are some posts 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.

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These include: Post Employer

Diocesan Roles such as DBF Diocesan Director of Ordinands Director of Ministry Diocesan Education Officer

Bishop’s Chaplain Bishop (in a corporate capacity)

Hospital, university, school chaplains Institution or DBF

Clergy paid by the parish Parish

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

3. 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 the Diocese is the Diocesan Secretary.

3.3. All clergy on Common Tenure are required to 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 – www.commontenure.org

4 Role Descriptions 4.1 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, grievance and capability.

4.2 Some dioceses have introduced role descriptions in parallel with the Statements of

Particulars and a revised MDR process. The Diocese of Sheffield has decided that role descriptions will be considered and refined through its existing MDR process.

4.3 Role descriptions will be revised when there is a vacancy. It will also be good practice for

the new incumbent to review it with the archdeacon after about 6 months in office. 4.4 In addition to the role description there are a number of other sources which define the

role of the priest:

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

4.4.2 Canon Law sets out church legislation which governs the way a priest should carry out their role.

4.4.3 The licence from the Bishop 4.4.4 Guidelines for the Professional Conduct of Clergy is a more recent document, which

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

4.4.5 Legislation of a more general nature that affects the role of the priest. 5 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 The Diocesan Stipend Policy sets out the stipend applicable to full and part time clergy in this Diocese – see Appendix 1. It also provides information on Benefits in Kind.

6 Augmentation of Stipends

It is the responsibility of the Diocesan Board of Finance to ensure that all incumbents’ stipends are made up to 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 (both church fees and non-church fees)

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

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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

e) Approved working expenses

7 Allowances

The Diocese pays the following allowances to clergy:

7.1 Additional Responsibility Allowance The Diocese does not pay any additional responsibility allowances but allows claims of up to £1545 per annum for expenses for Area Deans as a result of their deanery responsibilities. 7.2 Housing Allowances In some circumstances, the Diocese will pay a housing allowance to clergy who are not living in a Diocesan house. Currently Housing allowances are paid up to £4,800 per annum, on a pro-rata basis where applicable. 7.3 Other Allowances There are no other allowances. 8. Grants The Diocese pays the following grants to clergy: 8.1 First Appointment Grant The Diocese pays a First Appointment Grant which is equal to 10% of the National Minimum Stipend. This is paid to Assistant Curates, Deaconesses and Licensed Lay Ministers taking up their first appointment and is towards the cost of robes, theological books and any other equipment that they need for the new appointment. 8.2 First Incumbency Grant The Diocese pays a First Incumbency Grant which is equal to 10% of the National Minimum Stipend. 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 post of equivalent status. An equivalent grant is available to Archdeacons taking up their first appointment.

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8.3 Removal Grants and Expenses 8.3.1 The DBF negotiates a contract with a local removal contractor for all moves within and to the Diocese. Brittania Appleyard presently hold the contract. (Cancellation charges resulting from late postponement of removals will be the clergyperson's responsibility if the postponement is for their own convenience.) Further details are given in Appendix 4. 8.3.2 The DBF will, in addition to moving you, pay a resettlement grant which is equal to 10% of the National Minimum Stipend 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 is available on application to the Diocesan Finance Officer. 8.4 Continuing Ministerial Development Grant Grants for Continuing Ministerial Development (CMD) are by application. Guidelines on amounts available and the conditions governing grants can be found at Section 14. 8.5 Other Benefits The Diocese provides the following benefits for clergy: Life Assurance Some life assurance is already carried through the Church Commissioners. All full-time stipendiary clergy in the Diocese up to retirement age are insured by the Pensions Board for death in service prior to normal retirement age. A lump sum three times the National Minimum Stipend for the previous year will be payable tax free. In addition, the Ecclesiastical Insurance Group has a local life assurance adviser who is used to helping clergy on a no obligation basis to make separate provision for their future. Please make enquiries on Tel. 0845 777 3322. 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 the Diocesan Finance Officer and should be submitted to him.

The current maximum which may be borrowed is £10,950 at an interest rate of 6% per annum on the reducing balance. Repayments may be spread over 4 years.

The Church of England website contains the latest information about car loan applications: http://www.churchofengland.org/clergy-office-holders/clergypay/car_loans.aspx

Clergy Legal Protection The Bishop has endorsed guidelines on the conduct of ministers in pastoral practice which offer advice to those who have pastoral responsibilities and care for other people. These can be found at: http://www.churchofengland.org/media/1168846/guidelines%20for%20the%20professional%20conduct%20of%20the%20clergy.pdf

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There are, however, 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 1984. The Diocese has a Clergy Legal Defence Protection Policy with the Ecclesiastical Insurance Group to indemnify 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. The proviso is that clergy taking advantage of this cover should contact DAS Legal Expenses Insurance Company Ltd, DAS House, Quay Side, Temple Bank, Bristol, BS1 6NH as soon as help is needed quoting Policy No 07GEN0117824 with the Ecclesiastical Insurance Group.

DAS, in conjunction with whom the Ecclesiastical have arranged cover under this policy, will arrange for a local solicitor to be appointed from a nationwide panel of solicitors to contact clergy and provide the necessary assistance during or following any investigation by the Police. Clergy can phone DAS at any time on (0117) 934 2151. 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, then DAS can arrange this. 9. Parochial Fees Apart from long standing exceptional cases, clergy are no longer entitled to receive parochial fees. If a clergyperson is not in receipt of a stipend the Diocesan Board of Finance may offer a payment for officiating at occasional offices in respect of which a fee is payable to the Board. For further details contact the Diocesan Office.

See Appendix 2 10. Expenses 10.1 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.

10.2 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)

10.3 A booklet that gives guidelines to parochial clergy and PCC treasurers about the reimbursement of expenses is available from the Church of England website using this link: http://www.churchofengland.org/media/1165912/2011%202006%20booklet.pdf

10.4 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 using this link: HM Revenue & Customs: Mileage expenses for business travel in employees’ own vehicles

The use of public transport is encouraged wherever practicable.

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10.5 For further information on expenses see Appendix 3.

11. Termination of Appointment 11.1 Full Common Tenure

The term of the office may only be terminated on the following grounds 11.1.1 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.

11.1.2 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.

11.1.3 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.

11.1.4 Death 11.1.5 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) Measure 1975 or the expiration of any period which the office holder is permitted to remain in office after retirement age.

11.1.6 The office ceases to exist because of a pastoral scheme or order 11.1.7 The office is designated as held in conjunction with another office or employment which

ceases to exist. 11.1.8 Where the office holder is a priest in charge and the vacancy ends.

11.2 Qualified Common Tenure In addition to the reasons given in section 11.1 above Qualified Common Tenure may be terminated at the expiry of a fixed term.

11.2.1 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 2.3 of the handbook.

11.2.2 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.

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11.2.3 For Qualified Common Tenure appointments the compensation for loss of office is limited

to a maximum of one year under schedule 4 of the Pastoral Measure. 12. Housing The majority of clergy are required to live in accommodation provided for the better performance of their duties. 12.1 Incumbents Incumbents generally occupy the parsonage house owned by 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. 12.2 Other Clergy Every office holder other than an incumbent who receives a stipend is entitled under the Ecclesiastical Offices (Terms of Service) Measure 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.

Details relating to the provision of housing and the duties and responsibilities of the housing provider and office holder can be found at paragraphs 12-14 of the Ecclesiastical Offices (Terms of Service) Regulations. The Regulations can be accessed at www.commontenure.org 12.3 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. 12.4 Removals See section 8.3 and Appendix 4 12.5 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. Further detailed information on Diocesan housing policies and procedures can be accessed at Appendix 5. 13. Ministerial Development Review

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13.1 Under Common Tenure each Diocesan Bishop is required to provide a scheme for Ministerial Development Review and each office holder is required to cooperate and participate.

13.2 In providing a scheme, the Bishop has to have regard to Archbishops’ Council Guidance.

13.3 Full details of the scheme can be accessed at Appendix 6 13.4 Although there is no requirement that those who remain on the freehold should take

part, the Diocese will continue to offer it to everyone. 14. Continuing Ministerial Development 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. 14.1 Aims for Continuing Ministerial Development (CMD). 14.1.1 To provide, resource and encourage professional development in ministry. 14.1.2 To help clergy to engage in dialogue with scripture and tradition and to develop the skills

of critical theological reflection. 14.1.3 To assist clergy to understand the society of today and how the gospel may be interpreted

in relation to the key issues. 14.2 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.

14.3 Current CMD Programme Details of the current programme of CMD events are available from the Director of Ministry and Training or can be accessed on the Diocesan website under the banner Church in Action.

14.4 Allowances

For further details on allowances in support of CMD contact the Reverend Canon Dr John Thomson. Grants of up to £225 can be made available per year for approved activities.

14.5 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

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some, it may only prove possible when a person is between jobs, but it should be a period genuinely away from the demands of day-to-day work. Discretionary grants are available for substantial pieces of work. Contact the Director of Ministry and Training after you have discussed the matter with your Ministerial Development Reviewer. Six grants of up to £825 are available each year for sabbaticals and four postgraduate study grants of up to £750. Sabbaticals are normally undertaken after 10 years of public ministry. 15. Well-Being 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. 16. Annual Leave 16.1 Clergy as officer holders are responsible for planning their working lives and ensuring that

sufficient time is allowed for holiday and rest. The Bishop and Archdeacons will support the clergy to achieve a proper balance.

16.2 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.

16.3 Clergy should ensure that the Area Dean is informed of any absence from the parish. 16.4 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. 16.5 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. 16.6 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.

16.7 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 Area Dean in the first instance.

16.8 Clergy on Common Tenure 16.8.1 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.

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16.8.2 The leave entitlement for part time clergy is calculated on a pro rata basis and based on a six-day working week. This is set out in the Statement of Particulars.

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

16.8.4 In addition full time clergy are entitled to the following bank holidays: New Years Day Easter Monday May Bank Holiday Monday Spring Bank Holiday Monday August Bank Holiday Monday Boxing Day Plus a day off in lieu for Christmas Day and Good Friday. 16.8.5 Clergy may not take annual leave on the following days More than 6 Sundays in a year

Any of the principal feasts of the Church of England as set out in Canon B paragraph 2 Ash Wednesday Good Friday The Parish’s Patronal Festival

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

17. Rest Period 17.1 Clergy on Common Tenure are entitled to a minimum rest period of 24 hours within any 7

days. Although this is not an entitlement for clergy on freehold, it is the policy of the Diocese to encourage all clergy to take this rest period.

17.2 Rest days must not be taken on A Sunday

Any of the principal feasts of the Church of England as set out in Canon B paragraph 2. Ash Wednesday Good Friday The Parish’s Patronal Festival

17.3 Clergy are often required to work evenings and long, unsociable hours. They are therefore

encouraged to take reasonable breaks within the working day. 18 Special Leave Special leave is usually granted on compassionate grounds. It is subject to the Bishop’s discretion and should be applied for by contacting the Archdeacon.

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19. Entitlement to Statutory Maternity, Paternity and Adoption Pay Stipendiary office holders are entitled to statutory maternity, paternity and adoption pay in the same way as employees, by virtue of their payment of National Insurance contributions. This applies to office holders on freehold and common tenure. For further details see Appendix 7 For advice on Risk assessments for expectant mothers see Appendix 8 20. Entitlement to Maternity, Paternity, Adoption and Parental Leave 20.1 Office holders do not have a corresponding entitlement to maternity, paternity, adoption

and parental leave. The Archbishops’ Council in the exercise of its function as Central Stipends Authority has made Directions for the grant of maternity, paternity, adoption and parental leave for those under common tenure as employees are entitled to under 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 21 Time off for dependants 21.1 An office holder may make a request to the Bishop to allow him or her to take time off

work or 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 follows:

“A partner, child or parent of the employee, or someone who lives with the employee as part of their family e.g. elderly aunt or grandparent” In cases of illness or injury, or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency.

21.3 The request should be made in writing. 21.4 The Bishop must consider the request and may agree to any adjustments or time off as

they consider reasonable. There is no obligation to agree to the request. 21.5 The Bishop may impose conditions including an appropriate variation in stipend. 22. Time off for public duties

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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 (a) any work done 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 and

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

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 Diocese so an appropriate reduction can be made to the stipend.

23. Jury Duty

On receipt of notice of jury service, you should inform the Archdeacon’s Office. You are expected to claim the attendance allowance and that allowance will then be deducted from your stipend.

24 Sickness 24.1 Cover for Sickness In times of sickness, office holders must use all reasonable endeavours to make arrangements for the duties of the office to be covered by another person. In parochial posts where the individual is unable to do this the responsibility lies with the churchwardens, in consultation with the Area Dean where necessary. In cases of serious illness, please ensure the Archdeacon is informed as soon as possible. 24.2 Sickness Payments 24.2.1 All stipendiary clergy are entitled to payment of statutory sick pay by virtue of the payment

of national insurance contributions. 24.2.2 In order to comply with the statutory requirements for statutory sick pay you must report

your sickness absence to the Archdeacon, the designated person for this purpose, and comply with the Diocesan arrangements for sickness reporting.

24.2.3 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)

24.2.4 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

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more than 56 days. The linked periods constitute a single period for the purpose of calculating the maximum entitlement.

24.2.5 The payment of full stipend will include the entitlement to SSP. 24.2.6 If the sickness absence continues beyond the date when entitlement to SSP ceases, the

continued payment of stipend will be at the discretion of the Diocesan Bishop. 24.2.7 In cases where the payment continues, it shall be reviewed every three months in the light

of the medical evidence available. 24.2.8 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 Dept when SSP ceases and will be given information on how to claim ESA. The stipend will be reduced by the amount of ESA received.

24.2.9 There is no entitlement to SSP during a phased return to work. 24.2.10 Where there is no prospect of the individual returning to work in the near future and all

reasonable efforts have been made to resolve the situation, a decision may be taken by the Diocesan Bishop to cease payment of the stipend.

24.3 Long Term Sickness The Diocesan policy on long-term sickness absence of clergy can be accessed at Appendix

10. 25. Pension 25.1 The service of stipendiary clergy is pensionable within the Clergy Pensions Scheme. 25.2 Non-stipendiary clergy are not covered by the Clergy Pensions Scheme. 25.3 The calculation of pension is now more complicated than it used to be. The pension

earned will depend upon the length of service and the accrual rate that was in force at the time. 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.

Pension Fund members will be entitled to a maximum pension of somewhere between ½

and ⅔ of the national minimum stipend, dependent on the proportion of service completed before and after 1 January 2011. In addition there is an entitlement to a lump sum which is equal to three times the pension entitlement. From April 2013 the national minimum stipend will be £22,340. If, when you retire, you have less than full pensionable service, your pension and lump sum will be reduced appropriately.

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Further information is available from the Church of England Pensions Scheme booklet, http://www.churchofengland.org/media/1264688/2011%20clergy%20booklet.pdf

25.4 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 1 January 2011 the retirement age increased to 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

25.5 Clergy may retire earlier on a Clergy Pension within 5 years of normal retirement age. 25.6 Early retirement may also take place because of permanent ill health.

25.7 Additional Voluntary Pensions Contributions

It is possible to buy an increased pension by making additional voluntary contributions for this purpose.

There is an approved supplementary pension scheme operating under the C of E 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.

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.

The scheme is administered by the Pension Board who also act as Trustee. For details apply to: The Secretary The Church of England Pensions Board 29 Great Smith Street London SW1P 3PS Tel: (020) 7898 1800 25.8 Further details on the scheme can be obtained by accessing ‘Clergy Pensions – the Facts’

and ‘Your Pension Questions Answered Online’ using the links below.

http://www.churchofengland.org/media/49893/facts.pdf http://www.churchofengland.org/clergy-office-holders/clergypay/your_stipend/pensions.aspx

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

e mail: [email protected]

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Telephone: 020 7898 1800 Fax: 020 7898 1801 By post at the address above (25.7) 25.10 From 1 January 2011 a number of changes to the scheme were implemented. The

changes are summarised below. The Clergy Scheme was 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.

The Archbishops’ Council, acting as the Central Stipends Authority, adopted 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.

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

In the context of the wider ill-health proposals endorsed by Synod in February 2010, 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 for early payment, plus a graduated enhancement calculated according to completed years of service.

Pension rights in relation to Civil Partners are the same as for spouses. Scheme members received a formal Notice of Intention to Surrender the Contracting Out Certificate currently in force in relation to the scheme in the autumn of 2010. Changes to National Insurance Contributions came into effect on 1 January 2011. 26. 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 1000 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. 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.

26.3 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

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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.

27. 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.

28. Capability Procedure As part of Common Tenure, a procedure for dealing with capability issues has been introduced for those who hold office in this way. Details of this procedure can be accessed at www.commontenure.org 29. Grievance Procedure Common Tenure also introduces a new procedure for dealing with the grievances of the clergy. Details can be found at www.commontenure.org The Bishop’s Council has endorsed a dignity at work policy aimed at reducing bullying and harassment in the Diocese of Sheffield. The policy can be found at http://www.sheffield.anglican.org/UserFiles/File/Clergy/1612_Dignity_at_Work_SHEFFIELD_.pdf 30. Pastoral Care To seek support 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. The Diocese offers a fully confidential counselling scheme for clergy and their spouses. An initial appointment can be made by contacting the Bishop’s Adviser in Pastoral Care and Reconciliation, the Revd Frances Eccleston on 07969 776070, [email protected]. She will discuss the issue with you and agree a way forward, including a referral to an appropriate counsellor as necessary. Relate is also available as a confidential service for marriage guidance counselling. The telephone numbers are as follows:

Relate South Yorkshire and Wakefield: (01709) 377644 or 0300 100 1234

31 Spiritual Direction For those looking for spiritual direction, the Reverend Philip Roderick is available to help people find somebody appropriate. Please ring (0114) 262 0655 or (0114) 235 3704 (during office hours).

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32. Financial Support and Grants Grants to assist clergy in a wide variety of circumstances are available from a number of 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. 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

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

Mr Godfrey Smallman The Law Clerk The Sheffield Church Burgesses Trust (clergy in the four Sheffield City Deaneries only) c/o Wrigleys Solicitors LLP, 3rd Floor Fountain Precinct, Balm Green Sheffield S1 2JA Tel: (0114) 267 5588

E-mail: [email protected] Mr Malcolm Fair Secretary Sheffield West Riding Charitable Society Diocesan Church House 95 – 99 Effingham Street Rotherham, S65 1BL

Tel: (01709) 309117 Sons of the Clergy and Friends of the Clergy now operate jointly., see their website at: www.sonsoftheclergy.org.uk In an emergency, the Bishop’s Chaplain may be able to help: The Reverend Canon Geoffrey Harbord Bishopscroft Snaithing Lane Sheffield S10 3LG

Tel: (0114) 230 2170

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33. Holiday Accommodation Some charities will be prepared to help with holidays; the Church Army have some provision; St Deiniol’s Residential Library are glad to welcome retired clergy for holiday and refreshment at special rates. Other places that offer holidays include retreat and conference houses listed in the Church of England Yearbook. The friends of the Clergy Corporation offer holiday flats in Eastbourne. See also www.oscar.org.uk/about/mrsheets/ukholidays.pdf for information on holidays for Christian workers. 34. Other Guidance and Policies The Diocese has other guidance, information and policies available on the Diocesan website. This includes: Death in Service The financial implications of the death of serving clergy have been mentioned above. In practical terms, deceased clergy’s dependants face having to leave the Vicarage within 2 months – the legal maximum – though the Diocese will normally allow longer depending on the circumstances. At this traumatic time there are a number of financial and pastoral matters to be considered. Some guidance notes on finances are given in Appendix 11.

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. Whilst every effort is taken to ensure the accuracy of statements, other than its statutory and contractual obligations the Diocesan Board of Finance cannot accept any legal liability for any loss. Individuals should consult the Diocesan Secretary or Archdeacons for guidance and take financial or legal advice as appropriate.

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DIOCESAN CLERGY HANDBOOK

SHEFFIELD

APPENDICES

January 2015

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CONTENTS

Appendix 1 Stipends and Benefits Page 26

Appendix 2 Fees Page 28

Appendix 3 Expenses Page 29

Appendix 4 Removals Page 31

Appendix 5 Guidance on Housing Page 32

Appendix 6 Ministerial Development Review Scheme Page 34

Appendix 7 Maternity, Paternity and Adoption Pay Page 35

Appendix 8 Workplace Risk Assessment for Expectant Mothers Page 38

Appendix 9 Maternity, Paternity and Adoption Leave Page 39

Appendix 10 Long Term Sickness Page 41

Appendix 11 Death in Service Page 47

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APPENDIX 1 Stipends and Benefits 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.

Incumbents

The Bishop of Sheffield, with the concurrence of the Diocesan Board of Finance, has determined that the Diocesan Minimum Stipend for incumbents in Sheffield Diocese from April 2013 is £23,309. Thus, the DBF is charged with ensuring that no incumbent receives less than this in the Stipends Year 2013/2014. See “Augmentation” below. Assistant Staff

The Sheffield Diocese pays £22,340 to Assistant Staff as at 1 April 2013. Benefits in kind

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. These are: -

o Heating, lighting and cleaning

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

o Provision of furniture

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

o 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: -

o Any capital allowance

o Expenses allowed for tax purposes

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

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

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

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

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

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).

THIS DOES NOT MEAN THESE EXPENSES WILL BE TAXABLE – MERELY INCLUDED IN THE CALCULATION TO DETERMINE WHETHER YOU ARE ‘HIGHER – PAID’.

Taxation

The taxation of Ministers of Religion is dealt with in the pamphlet by this title, see http://www.churcheslegislation.org.uk/publications

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

Income Tax for clergy paid by the Church Commissioners is dealt with by: HM Revenue & Customs 073/C16 Bradford Group Centenary Court 1 St Blaise Way BRADFORD BD1 4YL Telephone: 0845 300 0627

The Church Commissioners’ tax Reference is 073/C16

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APPENDIX 2 Fees See separate document

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APPENDIX 3 Expenses

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. Please contact the Diocesan Finance Officer if you have not received one. Incumbents should ensure that Assistant Staff are properly reimbursed their expenses in accordance with the Scheme. Briefly, the proper reimbursable working expenses of clergy are:

o Postage o Stationery o Telephone o Public Transport o Car running and Depreciation o Secretarial Assistance o Maintenance of Robes o Hospitality o Provision of Locum Tenens

In 2011, the Bishop’s Council, as the Directors of the Board of Finance, approved a change to the mileage rate for travel expenses following HMRC guidance. From 6 April 2011 the following HMRC rates apply:

Tax – Rates per business mile

Type of Vehicle First 10,000 miles Above 10,000

Cars & vans 45p 25p

Motorcycles 24p 24p

Cycles 20p 20p

The rate for travel outside the Diocese is 30p per mile for the whole journey, which is increased from the previous 25p per mile. This aligns with the Archbishops’ Council’s guidance for people who choose to make use of private transport. It is expected that people will use public transport for journeys wherever possible and practicable, and especially for those outside the Diocese. These figures are the maximum amount 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. Working expenses should be reimbursed in full by the PCC. The Archdeacons will try to alleviate any undue hardship by making a grant from their discretionary funds towards any shortfall in reimbursement or by urging the PCC to face up to its responsibility in the matter.

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In country groups of parishes where one incumbent is looking after 3 or more churches, the DBF will reimburse the PCC one-third of the expenses actually paid to the incumbent provided that the PCC is reimbursing the incumbent at the rates recommended by the DBF.

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APPENDIX 4 Removals 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, in group (b) that they have taken up their appointment immediately following the completion of training. 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. The Board will usually pay the cost of removal from the port of debarkation for clergy coming from overseas. The DBF negotiates a contract with a local removal contractor for all moves within and to the Diocese. Appleyards presently hold the contract.

--- Please contact Harry Appleyard on 01709 549718 to arrange a date for your move --- The agreement with Appleyards includes packing up to 80 cartons. You will be asked to use your Resettlement Grant for payment for extra cartons. Details of the arrangements will be sent with the letter of appointment. 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 sub-contractors, 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. 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 On appointment to a living you will be given the opportunity to discuss with the Parsonages Committee’s Secretary, Mr Paul Beckett, on (01709) 309115 any repairs or improvements you feel need to be carried out on the parsonage house. Approved work will normally be put in hand by the Parsonages Committee before you arrive. Each Parsonage is inspected every 5 years by one of the Diocesan Surveyors. His report is passed to the incumbent and the Parsonages Committee for their comment and arrangements for financing approved works. The work is carried out by one of three 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. All emergency repairs necessary should be reported to the Parsonages Committee’s Secretary who will authorise any work to be carried out. Parochial Church Councils pay Parish Share which contributes towards the cost of quinquennial and interim repairs, insurance and administration. Insurance

Buildings’ insurance is arranged by the Parsonages Committee’s Secretary and any claims should be notified to him. However, all clergy need to insure the contents of their houses themselves, advisedly on a ‘new for old’ basis. We suggest that you try the Ecclesiastical Insurance Group (Tel: 0845 777 3322) among other insurers. Interior Decorations

On arrival £300 is payable to incumbents (£150 to assistant staff) to help towards the cost of internal decorations. In addition, incumbent status positions receive £50 per annum, per house from their second year. Council Tax

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

These are the responsibility of the Parochial Church Council (PCC) and bills should be passed to the PCC treasurer for payment. NOTE FOR ASSISTANT STAFF Because some houses for assistant staff are owned by the Diocese and some by the parishes, arrangements for them differ. Repairs and insurance may be the responsibility of the PCC or the Diocesan Board of Finance. The Parsonages Committee’s Secretary should be consulted about repairs and improvements to houses in Diocesan ownership. If the house is owned by the parish, check with the incumbent and the PCC about insurance and their policy concerning repairs, external painting and general maintenance.

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General

The Parsonages Committee produces its own booklet known as the ‘Pink Book’ which is updated from time to time and copied to incumbents and Parochial Church Councils. If you have not got a copy of this booklet, please apply to Jill Denton at Diocesan Church House on Rotherham (01709) 309114

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APPENDIX 6 Ministerial Development Review scheme Further information and a full Policy Document can be found on the diocesan website at http://www.sheffield.anglican.org/index.php/key-information/general-information/info-for-clergy/3734-ministerial-development-review.

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APPENDIX 7 Section 19: Maternity, Paternity and Adoption Pay 19.1 Maternity Pay 19.1.1 Statutory Maternity Pay Statutory Maternity Pay (SMP) is payable for 39 weeks, at two different rates: • for the first 6 weeks, 90% of normal weekly earnings; • for the remaining 33 weeks £135.45 per week or 90% of normal weekly earnings,

whichever is the lower. 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 (£107 from 6 April 2012); (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. 19.1.2 Diocesan Maternity Pay 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. 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;

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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; 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. The payment of Diocesan Maternity Pay includes any entitlement to SMP. 19.2 Paternity Pay 19.2.1 Statutory Paternity Pay

Statutory Paternity Pay is paid during periods of statutory paternity leave (see paragraph 20.4, Appendix 9, 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 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.

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19.2.2 Diocesan Paternity Pay 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. 19.3 Adoption Pay 19.3.1 Statutory Adoption Pay 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. 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. (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. 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. 19.3.2 Diocesan Adoption Pay 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. Either partner may receive Adoption Pay, but not both. The other partner may receive Statutory Paternity Pay 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 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. Ministry Division has provided links to various websites which give access to guidance on risk assessments for pregnant clergy. The HSE website provides useful information on risk assessments for expectant mothers and particular hazards and risks: http://www.hse.gov.uk/mothers/index.htm#?eban=rss-mothers 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 Section 20: Maternity, Paternity and Adoption Leave 20.3 Maternity Leave 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. In accordance with the recommendation of the CSA the Diocese gives clergy and licensed lay workers as the right to return to work regardless of length of service following their maternity leave. 20.4 Paternity Leave 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. 20.5 Adoption Leave In addition to paid adoption leave clergy women or licensed lay workers may wish to take an additional 13 weeks’ unpaid adoption leave after the end of the period of paid adoption leave. 20.6. Parental Leave 20.6.1 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. 20.6.2 The objective of Parental Leave is to enable employees with parental responsibility to

have time off to spend time with and to look after a child, or to make arrangements for the child’s welfare.

20.6.3 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. 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.

20.6.4 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.

20.6.5 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.

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20.6.6 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.

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.

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. 20.6.7 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:

Information contained on the child’s birth certificate

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

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

20.6.8 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. 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.

20.6.9 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.

20.7 Pensionable Service All unpaid Maternity, Paternity, Adoption and Parental leave should be pensionable, and pension contributions should 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 LONG-TERM SICKNESS ABSENCE POLICY 1. INTRODUCTION 1.1 The Diocese of Sheffield recognises the need for pastoral and practical support for clergy

in the event of illness and it is the aim of the Diocese to assist office holders in both maintaining a healthy lifestyle and in regaining health after a period of sickness.

1.2 As part of its role in doing this the Diocese needs to have in place fair and equitable procedures to deal with absence management and sickness payments.

1.3 This policy applies to all office holders on Common Tenure.

1.4 Although not all aspects of the policy will apply to those who have the freehold, the same underlying principles will apply in dealing with long-term sickness absence.

2. POLICY AIMS 2.1 Serious illness is a cause for worry and increased anxiety for any individual. Therefore, it

is the aim of this policy to provide clear guidance to clergy on how they will be supported during periods of ill health and particularly during long-term sickness.

2.2 The policy also aims to provide clear guidelines for Senior Staff and Clergy concerning

their responsibilities during periods of sickness. 3. PRINCIPLES 3.1 This policy and associated procedures incorporate the following principles: 3.1.1 Confidentiality

Information relating to sickness absence will be held confidentially and will only be accessed by those who need the information in order to carry out their role. Medical information will be dealt with in accordance with the medical guidelines provided for this purpose.

3.1.2 Fairness

The policy and procedures will be applied consistently and any action taken will be reasonable and necessary.

3.1.3 Care

The Diocese will contact the office holder regularly and will endeavour to assist in providing pastoral and practical care as appropriate to the circumstances.

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4. DEFINITION 4.1 Any period of absence lasting more than four* weeks will be deemed as long-term

sickness. This includes: 4.1.1 Long-term illness because of a single illness or disability 4.1.2 Repeated periods of illness arising from a single illness or disability. 4.2 Long-term sickness absence will require the submission of Statements of Fitness to Work

(‘Fit Notes’). 5. PROCEDURE

Reporting Sickness Absence 5.1 If clergy become incapacitated due to illness, they must inform an Archdeacon (the

persons designated for this purpose by the Diocese) on the first day of sickness. This is necessary in order to comply with the requirements for recording sickness absence for Statutory Sick Pay purposes. The designated person will ensure that the Church Commissioners are informed.

5.2 Clergy should also inform their churchwardens and the Area Dean Providing Cover for the Duties of the Office 5.3 Office holders must use all reasonable endeavours to make arrangements for the duties

of the office to be covered by another person. This may, where appropriate involve notifying the churchwardens and the Area Dean.

Obtaining Statements of Fitness to Work 5.4 For short absences lasting seven days or less, clergy need to complete a self- certificate

form that can be accessed via the link http://www.cofe.anglican.org/info/clergypay/sc02. This should be sent to the Archdeacons’ Office.

5.5 Illnesses that last more than seven days require a Statement for Fitness to Work

certificate from a medical practitioner, which should be sent to the Archdeacons’ Office who will then forward a copy to the Church Commissioners.

5.6 For clergy signed off work with a Statement of Fitness to Work, the Archdeacon will

inform the Bishop and his staff so that they are aware of the illness. 5.7 Clergy signed off work with a certificate that states that they are not fit for work must

not undertake any duties. This is so that they can concentrate on making a good recovery but also to ensure that those in the parish(es) are clear about the situation.

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Contact by the Diocese 5.8 During a period of long-term sickness, the Area Dean and Archdeacon will maintain

regular contact. The frequency of the contact will depend on the nature of the illness but the contact should occur at least once per month.

5.9 The main purpose of this contact will be to provide support to the individual and family,

if appropriate, and to ensure that cover is provided for the duties of the office. 5.10 If there are concerns about the physical or mental health of an office holder, the

Diocesan Bishop may direct the office holder to undergo a medical examination carried out by a medical practitioner selected by agreement between the Bishop and the office holder. If there is no agreement then there will be an examination by medical practitioners consisting of a practitioner chosen by each party.

Procedure on Return to Work 5.10 Prior to return to work from long-term sickness the Archdeacon will discuss with the

office holder the arrangements for their return and whether any particular adjustments are required on either a short term or long-term basis.

6. SUPPORT DURING LONG-TERM SICKNESS Pastoral Support 6.1 The Archdeacon will liaise with the office holder during a period of long-term sickness to

provide the most appropriate pastoral support. This might include putting the individual in touch with those who are able to provide professional or practical support.

6.2 It is expected that further support will be provided through the Area Dean and other

colleagues in the Deanery. 6.3 In addition, the Diocese will work with individuals to seek out information that may help

with their circumstances, and where appropriate and wanted, put people in touch with others known to the Diocese who may have knowledge of/been through similar circumstances and can offer support.

Professional Counselling Support 6.4 The Diocese offers a confidential counselling and support service that clergy suffering

from long-term illness may wish to access. This is also available to their families. 6.5 The service is offered by qualified and experienced counsellors but is completely

independent. Information on who uses the service and the help they receive is not made available to the Bishop and Senior Staff in the diocese.

6.6 For further details see the Diocesan Handbook.

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Professional Medical Advice 6.7 During a period of long-term sickness, the Diocese may take professional medical advice

from an Occupation Health adviser on what is most appropriate for an individual. 6.8 The Occupational Health professional will look at nature of work, workload, current

family and other pressures, and priorities, and give their advice on what is realistic particularly when a return to work is being envisaged.

Financial Support 6.9 If the sickness absence should result in financial hardship for any reason, the diocese will

provide information on grants and other benefits that may be available from appropriate bodies. The diocese will assist with applications to such bodies where appropriate.

7. RETURN TO WORK AFTER LONG-TERM SICKNESS Phased Return to Work 7.1 Following a long period of illness, it may be appropriate for an individual to have a

phased return to work. 7.2 This should be done on the basis of medical or occupational health advice. A number of

temporary adjustments including the following may be appropriate

reduced working hours

reduced days

only working one or two `session’s’ a day/week etc

change in role

reduced responsibilities

recommendations to assist plans for transport to and from work engagements

onward referral for other professional specialist advice and guidance(where appropriate these costs will be met by the Diocese),

any other reasonable adjustments that would be helpful 7.3 A phased return should not usually last for more than eight weeks and when the phased

return ends, it is expected that the office holder will return to full duties. 7.4 The programme for the phased return should be agreed between the Archdeacon and

the individual before the return to work commences. 8. SICKNESS PAYMENTS 8.1 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)

8.2 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

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separated by no more than 56 days. The linked periods constitute a single period for the purpose of calculating the maximum entitlement.

8.3 The payment of full stipend will include the entitlement to SSP. 8.4 If the sickness absence continues beyond the date when entitlement to SSP ceases, the

continued payment of stipend will be at the discretion of the Diocesan Bishop after taking advice as part of a review process.

8.5 In cases where the payment continues, it shall be reviewed every three months in the

light of the medical evidence available. 8.6 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 Dept when SSP ceases and will be given information on how to claim ESA. The stipend will be reduced by the amount of ESA received.

8.7 There is no entitlement to SSP during a phased return to work. 8.8 Where there is no prospect of the individual returning to work in the foreseeable future

and all reasonable efforts have been made to resolve the situation, a decision may be taken by the Diocesan Bishop to cease payment of the stipend, after taking advice as part of a review process.

9. PROCEDURE IF INDIVIDUAL IS UNABLE TO RETURN TO WORK 9.1 In the case of serious illness, it may be that an individual will not be able to return to, or

maintain their duties. Should this be the situation then it should be approached with great care and sensitivity.

9.2 It is important that independent medical advice be taken before any decisions are made

and that discussions should take place with the individual to establish their views on the next steps.

9.3 The diocese will explore a variety of options with the individual that could include ill

health or early retirement, permanent redeployment and moving from full time to part time.

9.3 When the individual expresses the wish to retire on the grounds of ill health and their

own doctor/specialist and the Occupational Health advice concurs, the Diocese, through the Diocesan Secretary, will make the appropriate arrangements to apply for ill health retirement through the Clergy Pension Scheme.

9.4 Where the individual is not able to move from the diocesan property into their own

accommodation the Diocese will do all it can to provide assistance and/or advice.

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9.5 Initially, a period of 2 months will be given to remain in the current property during which time the Diocese will work with the individual and their family to help them find appropriate alternative accommodation.

9.7 Where the individual does not wish to retire but the medical evidence indicates that

they are not able to return to work then it may be necessary to pursue the matter through the Capability Procedure. This will only be undertaken as a last resort after all other routes have been explored

10 DISABILITY 10.1 It is the policy of the diocese to put in place reasonable adjustments to working practices

and procedures to allow disabled office holders and employees to remain in place. Date of Policy 21 June 2011

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APPENDIX 11 Death in Service 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. In practical terms, deceased clergy’s dependants face having to leave the Vicarage within 2 months – the legal maximum – though the Diocese will normally allow longer depending on the circumstances. 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 Area Dean

The Area Dean is the first to be informed of a death in service. He/she immediately takes charge of the situation by finding other clergy to take over, temporarily, the pastoral care of the parish so that, for example, the services and occasional offices will continue. He/she also alerts the Diocesan Clergy Widow(er)s’ Officer and the Diocesan Secretary. The Widow(er)s’ Officer will then contact the Pensions Board to obtain the lump sum entitlement. The Diocesan Secretary will obtain the Lump Sum Benefit due from the Diocesan Clergy Life Insurance Scheme, and the Pensions Board will send a cheque from the National Scheme. Both the Pensions Board and the Diocesan Scheme have to be sent a copy of the Death Certificate before they will pay out so the Area Dean should please ensure two copies are quickly made available. The national lump sum payable is 3 times the national minimum stipend for the previous year. The Death in Service lump sum benefits are payable at the discretion of the Pensions Board. Scheme members are invited to nominate beneficiaries. After the Funeral

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.

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 can wind up the estate but if there are complications it is wise to consult a solicitor.

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 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.

If there are dependant children, then the widowed parent’s allowance (up to £105.95 a week), which is additional to Child Benefit (which produces currently £20.30 a week for the first child +

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£13.40 a week for each child thereafter). If there are no dependant children, a Bereavement Allowance of £105.95 is payable for widows and widowers over 55: a reduced rate payable if you are between 45 and 55.

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 www.directgov.uk

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.

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. Whilst every effort is taken to ensure the accuracy of statements, other than its statutory and contractual obligations the Diocesan Board of Finance cannot accept any legal liability for any loss. Individuals should consult the Diocesan Secretary or Archdeacons for guidance and take financial or legal advice as appropriate.