IRRV TECHNICIAN AND FULL PROFESSIONAL SYLLABUS

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1 IRRV TECHNICIAN AND FULL PROFESSIONAL SYLLABUS CONTENTS About the Institute Status as an Awarding Body Qualifications and Membership Regulation of Examinations and Assessment Entry Requirements Accreditation of Prior Learning (APL) Regional Variations Changes to the Law; Other Changes Practical Information Time and place of examinations Entry Written assignments Entry procedure Module entry and validity of pass credits Payment of fees Results Certificates Prizes Examiners Reviews of Scripts, Appeals Past papers and examiners reports Further information Syllabus Structure Knowledge and Understanding - Level Overview Detailed Syllabus Content Examinations and Assessment Regulations Page 1

2 ABOUT THE INSTITUTE The Institute of Revenues Rating and Valuation is the professional body for people working in the fields of local revenues and benefits administration, and both public and private sector valuation. It promotes its members interests in offering sought-after qualifications and professional development opportunities, as well as representing the professions at both central and local government level. The Institute keeps its members informed of current issues through its range of publications, conferences and courses, and conducts research projects on behalf of government and commercial clients. The two main levels of membership are Technician, for those at an early stage of their career, and Corporate, which has full professional status. Both Technician and Corporate members are represented on the Institute s governing Council. Status as an Awarding Body The government s education regulator, the Qualifications and Curriculum Authority, recognised the Institute as a national awarding body in June This means that the Institute works to agreed standards in its conduct of examinations and assessments, and that, in addition to the long experience the Institute has as an awarding body, it can draw on the expertise and advice of the regulator. Qualifications and Membership The written examinations and assessments described in this publication lead to the Technician and Full Professional qualifications which provide access to, respectively, Technician and Corporate Membership. Additionally, the Institute offers National Vocational Qualifications and Scottish Vocational Qualifications in revenues and benefits, and N/SVQs in Valuation and Surveying Support. Both of these lead to the Technician qualification and Technician membership. Qualified members in both main membership categories can enrol on the Continuing Professional Development scheme. This is an invaluable support to members in maintaining and broadening their skills and knowledge in their professional lives. The Technician qualification offered through examination is considered to be at Level 3 of the 5-level National Qualifications Framework. The Full Professional Qualification is considered to be at Levels 4/5. Regulation of Examinations and Assessments The Institute s Professional Services Committee, a standing committee of Council, determines the content and regulation of the examinations and assessments. It is advised by the Syllabus Review Group, a body composed of practitioners, academic representatives and assessment specialists, which monitors the working of the syllabus and proposes periodic updates and modifications to the syllabus on the basis of observation and comments received. The management of the examinations and assessments is overseen by the Examinations and Assessment Board, whose principal functions are to appoint examiners, commission and edit papers, moderate and approve results, consider candidate requests for special treatment, supervise examiners reviews and appeals, and award prizes. At all times the three bodies keep before them the need to ensure that the examinations and assessments are fair and consistent, that they maintain the high standards required by both internal and external regulation, and that they continue to fulfil their function of serving the professions in assessing and recognising up-to-date workplace knowledge and skills. Page 2

3 ENTRY REQUIREMENTS To enter for the Institute s Technician examinations and assessments, candidates must have been a member of the Institute for at least three months, must be employed in an appropriate workplace and must have a good standard of education. Stress is laid on the need for candidates to be able to express themselves fluently and accurately in written English. A signed statement is required from a senior manager at the candidate s place of employment attesting to the candidate s fitness to sit the examination/assessment (a statement is provided on the examination/assessment entry form). To enter for the Full Professional Qualification Level 1, candidates must be employed in an appropriate workplace and EITHER (i) hold the Technician qualification or be exempted therefrom OR (ii) hold a qualification in any discipline at Level 3 or above of the National Qualifications Framework (eg NVQ Level 3, 2 A-levels or equivalent Highers/Advanced Highers, Higher National Certificate or Diploma) Candidates for Full Professional Qualification Levels 2 and 3 must have passed the preceding level. ACCREDITATION OF PRIOR LEARNING (APL); TECHNICIAN AND FULL PROFESSIONAL QUALIFICATION EXEMPTION Technician Subject Credits Candidates holding qualifications which they consider to be similar in content and level to certain components of the Technician examinations and assessments may apply for subject credits. If the application is successful then examinations/assessments in the subject(s) in question would not need to be taken. An accreditation fee is payable where applications are successful. Full Professional Qualification Subject Credits Candidates holding qualifications which they consider to be similar in content and level to certain components of the Full Professional Qualification may apply for subject credits. If the application is successful then examinations/assessments in the subject(s) in question would not need to be taken. Accreditation is subject to certain restrictions and regulations: Credits will not be granted for core technical subjects Credits will not normally be granted at Level 3, or for Assignment modules Qualifications that form part of the entry requirements will not attract credit Credit will normally only be considered where the subject taken is at the same level as the subject for which credit is being sought or where the depth of study in a specialist subject is comparable, although the overall level of the qualification might be lower The content of the syllabus being submitted for credit must reflect current practice Students must supply a copy of the syllabus for which credit is being sought and must map in detail the contents and learning outcomes against the IRRV syllabus. Applications from students who do not supply sufficient information will be rejected. An accreditation fee is payable where applications are successful. Candidates must apply for credits BEFORE attempting examinations and assessments at the applicable level; applications cannot be considered retrospectively. Further information and the official submission form for APL applications are obtainable from the Institute. Page 3

4 FULL PROFESSIONAL QUALIFICATION LEVEL 1 EXEMPTIONS With effect from July 2006, all candidates who have achieved the Technician qualification by examination, with an appropriate combination of subjects, will be exempt from either Local Taxation Law and Practice or Housing and Council Tax Benefits Law and Practice at Level 1 of the Full Professional examinations. An appropriate combination of subjects at Technician is one that includes Council Tax Law and Non-Domestic Rating Law OR Council Tax Law and Housing and Council Tax Benefit Law OR Housing and Council Tax Benefit Law and The Prevention and Detection of Housing and Council Tax Benefit Fraud. An inappropriate combination of subjects is one that includes Council Tax Law and The Prevention and Detection of Housing and Council Tax Benefit Fraud OR Non Domestic Rating Law and The Prevention and Detection of Housing and Council Tax Benefit Fraud OR Non Domestic Rating Law and Housing and Council Tax Benefit Law. Revenues and Benefits candidates who have gained the Technician qualification in the above circumstances will therefore be required at Level 1 to pass UK Constitutional Framework, Commercial Law and Principles of Accounting. Valuation Tribunal candidates in the same position will be required to take UK Constitutional Framework, Commercial Law and Tribunal Administration and Practice. There is no retrospective time limit and therefore, previous candidates at technician level who are eligible for the exemptions are urged to contact the Institute as soon as possible to ensure that their records are updated. FULL PROFESSIONAL QUALIFICATION FULL EXEMPTION Members and Fellows of the Royal Institute of Chartered Surveyors may apply for full exemption from the Full Professional Qualification for the purposes of membership. Holders of the above exemptions may apply for Technician or Corporate Membership of the Institute. The exemptions do NOT confer the Technician or Full Professional Qualifications. REGIONAL VARIATIONS While the syllabus is applicable to the whole of the UK, it is recognised that law, procedures and terminology can vary between England, Northern Ireland, Scotland and Wales across the professional fields covered. Separate England & Wales and Scottish papers will be offered in Commercial Law (Level I) and Housing Law and Policy (Level 3), and variations within papers will be offered in other subjects as required. All examination papers are edited by regional subject specialists before approval, and variations incorporated where necessary. CHANGES TO THE LAW; OTHER CHANGES All changes to the law must have been in force for a minimum of two months before they can be the subject of questions in law papers. However, in administration papers (not law papers) candidates are expected to refer to any relevant green and white papers, guidance documents etc. Updated information on the effects of changes to the law, regulations and procedures relevant to specific syllabus subjects will be made available on the Institute website ( which should be consulted regularly. Information on format of examinations and assessments, which may be modified from time to time, will also be published on the website. Page 4

5 PRACTICAL INFORMATION Time and Place of Examinations Examinations take place in June and December each year. All subjects are available at both sessions. Examinations take place at designated centres throughout the UK. Candidates may choose their most convenient centre. Details of centres and timetables are published in advance of each examinations session. Entry must be made on the official form, and should reach the Institute by the publicised closing date normally 1 st March for the June session, and 30 th September for the December session. Late entries may be accepted, at the Institute s discretion, and will incur an additional late entry fee. There are special entry arrangements for written assignments at Technician and Level 2 (see below). Written Assignment Technician The subjects Local Authority Administration Framework and Administrative Justice are assessed both by examination and by a 2,500-word written assignment, prepared over a sixmonth period prior to the examination. See individual subject entries for details. Work-Based Assignments Full Professional Level II This component of Level II consists of two assignments of 3,000-5,000 words each, to be completed within stipulated periods over a maximum of two years. See individual subject entry for details. Entry Procedure Candidates must submit their examination / assignment entries, on the official entry form, by the published closing date for the session. Entry forms are available directly from the Institute. Payment of the current fees should be made with entry. Alternatively, candidates may request an invoice. Module Entry Validity of Pass Credits Candidates may enter for all subjects of a particular level at one session, or may enter for them singly or in any combination over a period of two years. In order to gain a full pass at a given level, passes must be obtained in the appropriate combination of subjects within the two-year period. A pass in an individual subject remains valid for a period of two years. A two-year period comprises five consecutive examination sessions, eg June 2004-June All levels of the Full Professional Qualification examinations/assessments should be completed within a period of ten years. Candidates who have previously obtained the Technician qualification may, at any subsequent examinations session, enter for additional Technician subjects in order to gain further subject credits. A Letter of Credit will be issued for additional subjects passed. Payment of Examination/Assessment Fees Payment should normally accompany the examination/assessment entry. If an invoice is required, the office to which the invoice should be addressed should be clearly stated, with the name of the person responsible for authorising the payment. Results Results are issued on a designated date following each session, usually in late August (June session) and late January (December session). Results letters are sent by first-class post on the designated date, and results are also placed on the Institute s website on the morning of the same day. Candidates may only access their own results using a numbered code. Details are sent with confirmation of examination entries. Page 5

6 Certificates Certificates are awarded to candidates who successfully complete the Technician and Full Professional Qualifications. Letters of Credit are awarded to candidates who successfully complete Full Professional Qualification Levels 1 and 2. Certificates and Letters of Credit are either sent directly to candidates, or are issued through the local IRRV Association, depending on each Association s procedures. Technician certificates will specify the subjects taken. Prizes At the discretion of the Examinations and Assessment Board, prizes may be awarded for outstanding performance in individual subjects and at a specific level. Prize-winners will be informed at the time of issue of results. Administrative Check of Results; Examiner s Review of Scripts, Appeals Following the issue of results, candidates may request an administrative check of the marks or grades awarded. There is no charge for this service. Candidates who have failed a particular subject may request an Examiner s Review of their script, upon payment of the current fee. The examiner will provide a report on performance for the candidate, and will review the marks awarded. Following an examiner s review, the candidate may lodge an appeal against a fail result, on payment of a further fee. Under the Appeals procedure a member of the Examinations and Assessment Board will scrutinise the script and a sample of others, in order to consider the fairness of the marking, and will report his/her findings to the Examinations and Assessment Board, or its Chair. A decision will then be made to uphold or change the original result. This decision will be final. Past Papers and Examiners Reports Past examination papers, and examiners general reports on the performance of all candidates, will be made available on the Institute s website. Further Information For further information and all queries relating to courses, examinations, assessments and membership the Institute s Education Section should be contacted by , letter, fax or telephone. Page 6

7 SYLLABUS STRUCTURE - TECHNICIAN FOUR subjects to be studied. Candidates follow either the Revenues/Benefits route or the Tribunal route (England and Wales only) SECTION A ONE SUBJECT TO BE CHOSEN Local Authority Administration Framework assessed by examination and written assignment Administrative Justice assessed by examination and written assignment PAGE SECTION B ONE SUBJECT TO BE CHOSEN Revenues Administration The study of Local Authority Administration Framework is a prerequisite for the studying of this subject. Housing and Council Tax Benefits Administration The study of Local Authority Administration Framework is a prerequisite for the studying of this subject. Valuation Tribunal Administration The study of Administrative Justice is a prerequisite for the studying of this subject. SECTION C TWO SUBJECTS TO BE CHOSEN Council Tax Law Housing and Council Tax Benefit Law Prevention and Detection of Housing and Council Tax Benefit Fraud Non Domestic Rating Law Page 7

8 SYLLABUS STRUCTURE - FULL PROFESSIONAL Level 1 Four subjects to be studied at this level. Candidates follow either the Revenues/Benefits route or the Tribunal route (England and Wales only) THREE COMPULSORY SUBJECTS: UK Constitutional Framework PAGE Commercial Law OR Commercial Law, Scotland Principles of Accounting ONE of: Local Taxation Law & Practice Housing & Council Tax Benefits Law & Practice Tribunal Administration and Practice candidates for this subject must take UK Constitutional Framework, Commercial Law and Local Taxation Law and Practice as their three other subjects Level 2- Four subjects to be studied at this level THREE COMPULSORY SUBJECTS: Financial Management in the Public Sector Introduction to Management Work-Based Assignments Two assignments to be completed within stipulated periods ONE of: Principles and Practice of Valuation for Local Taxation Revenues Administration Benefits Administration Level 3- Four subjects to be studied at this level, with Management counting as 2 subjects TWO COMPULSORY SUBJECTS: Management ( Double module) Integrative Case Studies ONE of Welfare Benefits Valuation for Local Taxation Housing Law and Policy OR Housing Law and Policy, Scotland Page 8

9 KNOWLEDGE AND UNDERSTANDING - LEVEL OVERVIEW The following section indicates the knowledge and understanding required at the various levels of the examination process. Technician Level At this level students should be able to: acquire underlying knowledge relating to their chosen routeway including the acquisition of knowledge from other areas which may also underpin their chosen routeway. (This may mean that students have to undertake additional reading in other technical areas in order to be able to deal with the chosen subjects); apply knowledge and skills in a broad range of activities and scenarios with the relevant theoretical knowledge; make informed judgements, selecting from a considerable choice of procedures, in both familiar and unfamiliar contexts. (Students will be expected to apply their knowledge to situations in which they may have no or limited experience). Level 1 At this level students should be able to: apply a broad knowledge base, incorporating theoretical concepts and employing a wide range of professional skills; evaluate information using it to plan and develop investigative strategies and to determine solutions to a wide range of unpredictable problems; operate in a range of varied and highly specialised contexts, taking responsibility for the nature and quality of outputs. Level 2 At this level students should be able to: generate ideas through the analysis of concepts at an abstract level with a command of highly specialised skills and the formulation of responses to concrete and abstract problems; analyse and evaluate information; exercise significant judgement across a broad range of functions. Level 3 At this level students should be able to: critically review, consolidate and extend a systematic and coherent body of knowledge, utilising highly specialised skills across a major discipline; critically evaluate and integrate new concepts and evidence from a range of sources; transfer and apply creative skills and exercise significant judgement in a range of situations; accept personal accountability for determining and achieving outcomes. Page 9

10 DETAILED SYLLABUS CONTENT Page 10

11 LOCAL AUTHORITY ADMINISTRATION FRAMEWORK (TECHNICIAN) REVISED SUBJECT SYLLABUS NOTE: THIS SUBJECT SYLLABUS APPLIES TO 2005/6 ONLY. IT COVERS THE DECEMBER 2005 AND JUNE 2006 EXAMINATIONS SESSIONS, PENDING A FULLER REVIEW OF THE FULL SYLLABUS TO BE APPLIED IN 2006/7. Aim To provide students with an outline knowledge and understanding of the structure, organisation, role and function of local government in the country where they currently work (students will be required to state their country of work in examinations and assessed assignments). Learning Outcomes On completion of their studies, students should be able to: describe the role, structure and organisation of local government within their chosen country; state the main functions of local government within their chosen country. Content The structure, functions and principles of financing of local government including the different types of local authority (where appropriate). Relationships between local authorities, regional authorities and central government. Governance of local authorities - Cabinet style and other relevant approaches; role of elected mayors (England and Wales); roles and responsibilities of elected members; the role of the scrutiny function. Separation of responsibilities between Officers and Members; roles and responsibilities of Statutory Local Government Officers. Public participation in local government including standing for election as a Councillor, participation in meetings of local authorities, ability to attend meetings, petitioning and lobbying local councillors, voting at elections and inclusion on the electoral register. Role of inspectorates in local government; performance measures (including standards, indicators and targets), controls and standards for and by local government. Principles of procurement. Local Authority role as an agency (usually for central government), role as a partner in a public private partnership and in other joint ventures with public sector bodies. Local authority and professional associations. ASSESSMENT This subject is assessed in two parts: (i) Two-hour examination; (ii) 2,500-word written assignment prepared over a six-month period. The assignment will require the candidate to cover an area or areas of the syllabus in greater detail than would normally be the case in the examination. It must be a piece of original work drawing on the candidate s own occupational knowledge and experience as well as published material. All sources of information must be acknowledged. Page 11

12 The assignment titles are released in October for assessments relating to the following June session (to be submitted in the intervening April), and in April for assessments relating to the following December session (to be submitted in the intervening October). Candidates must obtain full regulations for completion of the assignment from the Institute before embarking on it, and must make their entry for the examined component of the subject and the assignment at the same time (by the normal closing date for examination entry). Assignments must be submitted in the prescribed format, and must include the official cover sheets, duly completed. One cover sheet will include a statement to be signed by the candidate to the effect that the assignment is his/her original work, and a similar statement from the candidate s employer or tutor testifying that this is the case, to the best of his/her knowledge. Full regulations are available from the Institute. Page 12

13 ADMINISTRATIVE JUSTICE (TECHNICIAN) Aim To provide an outline knowledge and understanding of the sources of law of the United Kingdom, particularly that affecting administrative bodies, the organisation and structure of the judicial system, the legal framework in which judicial and administrative bodies operate Learning Outcomes On completion of their studies, students should be able to: Identify the major sources of law of the United Kingdom Outline the structure, organisation and personnel of the judicial system Describe the roles and functions of the various courts Describe the legal status and responsibilities of administrative and semi-judicial bodies such as tribunals and executive departments Explain the judicial and other controls exercised over administrative activities CONTENT Major sources of law (Outline only) Legislation: Acts of Parliament (primary legislation); method of passage through Parliament from 1 st reading to Royal Assent, repeal and amendment Delegated (secondary) legislation; law making powers of the Executive; limits to such powers and basis for challenge in the courts Common law: the principle of judicial precedent; major rules of statutory interpretation Effect on U.K. law of: European Law: status of Treaty, Regulation, Directive, Decision European Convention on Human Rights JUDICIAL SYSTEM AND COURTS Judiciary: Lord Chancellor (or equivalent position), judges, magistrates: appointment, roles, responsibilities and functions Other legal personnel: roles and functions of barristers, solicitors, court staff U.K. civil and criminal court system: House of Lords or equivalent judicial body; Court of Appeal; High Court; County Court; Crown Court; Magistrates Court; Scottish Courts; nature of each court, its roles, functions, organisation, appeal hierarchy ADMINISTRATIVE AND SEMI-JUDICIAL BODIES TRIBUNALS AND INQUIRIES Types of tribunal Statutory tribunals: characteristics, roles, functions, organisation, membership, powers Statutory Inquiries and special tribunals: purpose and use EXECUTIVE DEPARTMENTS Judicial, quasi-judicial and other powers required for principal types of activity, such as decision-making, in the modern state (central and local government); exercise of such powers by Ministers, officials and administrative tribunals; limits of discretion Page 13

14 JUDICIAL AND OTHER CONTROLS Control by Parliament over administrative activity Judicial review: purpose, process and available orders; basis for challenge: principles of natural justice, excess or unreasonable exercise of powers, failure to act Other judicial remedies Legal liabilities of administrative authorities and officials to the public commissioners for administration ASSESSMENT This subject is assessed in two parts: (i) Two-hour examination; (ii) 2,500-word written assignment prepared over a six-month period. The assignment will require the candidate to cover an area or areas of the syllabus in greater detail than would normally be the case in the examination. It must be a piece of original work drawing on the candidate s own occupational knowledge and experience as well as published material. All sources of information must be acknowledged. The assignment titles are released in October for assessments relating to the following June session (to be submitted in the intervening April), and in April for assessments relating to the following December session (to be submitted in the intervening October). Candidates must obtain full regulations for completion of the assignment from the Institute before embarking on it, and must make their entry for the examined component of the subject and the assignment at the same time (by the normal closing date for examination entry). Assignments must be submitted in the prescribed format, and must include the official cover sheets, duly completed. One cover sheet will include a statement to be signed by the candidate to the effect that the assignment is his/her original work, and a similar statement from the candidate s employer or tutor testifying that this is the case, to the best of his/her knowledge. Full regulations are available from the Institute. Page 14

15 REVENUES ADMINISTRATION (TECHNICIAN) Aim To provide a knowledge and understanding of - the administration of the revenues functions for a local authority and the role of the revenues administrator, - the various local taxes available to the local authority and the significance of collection of the sums due, and - the range of fees and other charges that may be levied and their significance for the revenue income of the local authority. Learning Outcomes On completion of their studies, students should be able to: recall the full range of revenues income available to a local authority; identify the principal powers and duties of the local authority in respect of local taxation and discuss the principles on which the taxes are levied and collected; describe the principles of the ring fenced housing revenue account (HRA) and its impact upon the setting and collection of the rents of HRA properties; discuss the principles of e-government and of the procurement of specialist systems (manual and computerised), equipment and stationery; describe and explain customer care policies particularly on revenues related matters; describe the concepts of Best Value and Performance Management and explain their impact upon revenues administration. Content Source of Income council tax; non-domestic rates; residuary taxes; HRA rents; rents from non-hra properties and commercial properties; fees and charges for services and goods supplied; any other source of revenue income but not borrowing and capital receipts. General Administration - organisation of the revenues office; distribution of duties; acquisition of specialist stationery, equipment, services and systems; debt arrangement schemes (Scotland); all relevant Court proceedings and their administration; public enquiry facilities; citizen s charter implications; customer care considerations including complaints procedures; cash receiving facilities; payment methods; competitive tendering; Data Protection; Race Relations. Setting Rents, Fees and Charges - powers of the local authority to set and collect rents on HRA and non-hra properties; rents for commercial properties; fees and charges for goods and services supplied; discretionary/mandatory charges; impact of national policies and political objectives on rents, fees and charges. Best Value/Quality Systems - ISO9002, EFQM/Baldridge Model, elements of good process design, processing standards, Best Value, Performance Management. External Relationships - correspondence with Members of Parliament (MPs) / Members of the Scottish Parliament (MSPs); members of council and the public; publicity and advertising material; form and leaflet design including the use of plain language; relationships with the media; liaison with benefits, audit, accountancy and payments sections, liaison with other internal and external organisations; setting and monitoring performance targets. Personnel - The personnel function; staff recruitment and selection; training, health and safety; violence in the workplace; office accommodation and equipment; Disability Discrimination Act Page 15

16 HOUSING AND COUNCIL TAX BENEFITS ADMINISTRATION (TECHNICIAN) Aim To provide a knowledge and understanding of - the general administration of housing and council tax benefits, - the role of quality systems, and - the principles of fraud prevention. Learning Outcomes On completion of their studies, students should be able to: describe and identify the organisation and management styles required for the administration of benefits in a local authority; describe the principles of personnel management and the requirements for liaison with internal and external organisations; deal with reviews, cases referred to appeals tribunal, calculation statements, backdating of claims and other customer requirements; draft committee reports, letters and presentational papers, design forms and leaflets; identify the statutory and audit requirements; compile and analyse subsidy and statistical returns; undertake fraud detection and prevention. Content General Administration - the relationship with the council tax and the housing functions; liaison with the Benefit Agency / Job Centre Plus / Pension Service and the Rent Officer Service including pre-tenancy determinations; the relationship with and the rights of private landlords; reviews and Appeals Tribunal; customer care; publicity; the principles of form and document design including the use of plain language; liaison with the Welfare Rights Service and the Citizens Advice Bureaux; dealing with elected members, the media and the general public; presentation of management and committee reports; control and organisation of workload and their relationship with Best Value / Statutory / local performance indicators; control and recovery of overpayments/excess benefits; information technology applications including the development of e-commerce and customer relationship management; data protection. Subsidy, Statistics and Audit - quarterly stock count; 1% sample; estimates; subsidy claims encompassing backdating, overpayments, benefit period overruns, etc.; administration subsidy; housing revenue account; rent officer referrals including local reference and maximum rents; financial and reconciliation controls; internal and external audit control; systems security; performance indicators. Quality Systems - ISO 9002; EFQM/Baldridge Model; elements of good process design, processing standards, Best Value, and the role of the Benefits Fraud Inspectorate in investigation; performance standards. Fraud - detection; prevention; service level agreements / liaison with Benefits Agency / Job Centre Plus / Pension Service and other organisations; interviews under caution; prosecution; cautions and administrative penalties; security against fraud and error (SAFE); weekly incorrect benefits scheme; relationship with benefits section; procedures and organisation. The Verification Framework; the role of the Benefit Fraud Inspectorate. Personnel - the personnel function; staff recruitment and selection; training; health and safety; violence in the workplace; office accommodation and equipment. Page 16

17 VALUATION TRIBUNAL ADMINISTRATION (TECHNICIAN) Aim To provide a knowledge and understanding of the statutory duties and responsibilities of the Valuation Tribunal, its administration and relationships with other bodies. Learning Outcomes On completion of their studies, students should be able to: explain the relevant legislation relating to constitution and jurisdiction of Valuation Tribunals and its application; discuss the general administrative functions relating to the Valuation Tribunal as a Parent Body; identify the principal roles of the Chairman and Clerk or Tribunal. Content Legal Framework - the legal framework for the establishment, jurisdiction, administration and procedures of the Tribunal to the extent that it affects its administration and practice. The Tribunal (The Parent Body) - constitution: membership, appointing authorities, terms of appointment, disqualifications, resignations, removal from office; election, powers and duties of President and Chairman. Law of meetings - minutes; admission of press and public. Jurisdiction - Non-Domestic Rates (NDR), Council Tax Valuation, Council Tax Liability and Drainage Rate Appeals. Tribunal administration - programme of tribunals, selection of members and cases for hearing, pre-hearing reviews; relationship with government departments, valuation office and local authorities; application of the management and administration procedures and practices to the Valuation Tribunal. Page 17

18 COUNCIL TAX LAW (TECHNICIAN) Aim To provide an introduction to council tax law, and its application to the billing, collection, enforcement and the assessment of council tax in England, Wales and Scotland. Learning Outcomes On completion of their studies, students should be able to: recall and discuss the legislation governing the administration and collection of council tax and domestic water services charges (Scotland only); recall relevant case law and explain how this has impacted on the interpretation of the relevant legislation; state the basis of the council tax valuation and describe the appeals process in relation to valuation and non valuation matters; identify the factors which affect the calculation of liabilities and reliefs; describe and explain the rules which govern billing, collection, recovery and appeals procedures. Content General Provisions - administration; data protection; delegation; Ombudsman; financial arrangements; administration of financial affairs; sources of finance; duty to consult ratepayers (England and Wales only); reductions for prompt payment / non-cash payments; judicial system; court system; council tax appeals; judicial review. ENGLAND AND WALES: Valuation - valuation list; listing officer; basis of valuation; compilation and maintenance; contents alterations; effective dates; valuation tribunal; constitution; pre-hearing review; hearing; decision; transitional arrangements; entitlement; changes to band; special cases; examples. Liability - determination; liable person; sole or main residence; joint & several liability; owners; determination; prescription; resolution; caravans & boats; joint & several liability; gathering of information; determination; residents / owners & managing agents; public bodies; deaths; penalties. Reliefs - exemptions; determination; vacant; unoccupied (special conditions); unoccupied (relevant absentee) occupied; completion notices; administration; discounts; determination; disregards; administration; disabled reductions; determination; calculation of relief. Billing and Recovery- council tax setting; demand notice; instalments; enforcement; reminder / final notices; complaint; summons; liability orders; statement of case; request for information; attachment of earnings; attachment of allowances; deductions; distress; charging order; committal; costs & fees; insolvency; practitioners; voluntary arrangements; liquidation; bankruptcy; receivership; administration orders; deeds of arrangement; role of billing authority. SCOTLAND: Valuation valuation list; the Assessor; valuation areas/boards; basis of valuation; compilation, maintenance and alterations to the list; effective dates, completion notices; proposals; appeals; Valuation Appeal Committee Liability - liable person(s);sole or main residence; joint and several liability; owners liability; provision of information - owners, managing agents, public bodies and deaths; civil penalties; appeals Page 18

19 Reliefs - exemptions; discounts; assumptions; administration; reductions for disability; transitional reductions; reduction of liability Billing and Recovery - council tax setting; water services charges; demand notice; instalments; reminders; summary warrant; decree; diligence; direct deduction from ISA/JSA; Sheriff Officers; debt arrangement scheme; bankruptcy; liquidation; inhibition; receivership. Page 19

20 HOUSING AND COUNCIL TAX BENEFIT LAW (TECHNICIAN) Aim To provide an introduction to the law relating to housing and council tax benefits and its practical application. Learning Outcomes On completion of their studies, students should be able to: recall and discuss the principles of all aspects of the law relating to housing and council tax benefit; recall relevant case law and explain how this has impacted on the interpretation of the relevant legislation; identify the law appropriate to the solving of benefits issues and problems describe and explain the rules which govern assessment and calculation, transitional and discretionary awards, and the award and payment of benefit; recall the rules governing benefit subsidy describe and explain tenancy matters relevant to housing and council tax benefit. Content The structure of Benefits legislation - the principles of all aspects of the law of housing and council tax benefits; case law and associated social security matters. Eligibility and disentitlements and the law governing claims and claimants - the duty of the local authority with regard to decision-making on claims and representations thereto; right of review; the role of the Appeals Service, its constitution and the rights of the respective parties; judicial review. Principles of Assessment and Calculation - pre-tenancy determinations; eligible rent including determinations made by the Rent Officer and council tax: amenity and service charges; water charges; non-dependants; income; capital; applicable amounts; household; joint occupiers; sub-tenants students; second adult rebate; boarders and lodgers; minimum and maximum awards of benefit; unsuitable accommodation and restrictions on eligible rents and service charges; occupation and absence from home, benefit prior to occupation. Discretionary and transitional awards of benefit - the benefit period and its determination; effective date of claims and changes of circumstances; provisions for backdating claims and extended payments. Payment and Award of Benefit - payment to third parties; suspension of payment; overpayments; excess benefits; underlying entitlement; recovery of overpaid benefits. Subsidy - the rules governing benefit subsidy; incentive and penalty areas; administration costs; fast tracking arrangements. Tenancy Matters - assured and shorthold tenancies; tenant s improvements; private sector licences and other tenancy matters; shared ownership; mesne profits; rental purchase and retaining fees. Page 20

21 PREVENTION AND DETECTION OF HOUSING AND COUNCIL TAX BENEFIT FRAUD (TECHNICIAN) Aim To provide an introduction to the legal provisions and principles involved in the prevention and detection of housing and council tax benefit fraud. Learning Outcomes On completion of their studies, students should be able to demonstrate an: understanding of the law relating to the prevention and detection of fraud; ability to apply the law relating to the prevention and detection of housing and council tax benefit fraud; understanding of the principles, practice and procedure involved in preventing and detecting fraud; understanding of the legal and practical requirements relating to the preparation of cases for prosecution. Content Relevant Legislation and Policy - the law relevant to the prevention and detection of fraud including an understanding of the various offences involved and the range of legislation under which prosecutions or sanctions can be taken - Local Authority policies in relation to codes of practice for the detection and prevention of fraud - Counter-fraud strategies and measures - Subsidy issues: The New Incentive Scheme (SAFE) and fraudulent payments - The role of the BFI Organisation and Planning - organising and planning fraud initiatives including objective setting and an understanding of the sources of information available, intelligence gathering, evaluation of intelligence (5x5x5), recording of information, data protection issues, and data analysis; working with other agencies; an understanding of information technology requirements; preparation and planning of a surveillance operation, surveillance techniques, evidence gathering, health and safety, the impact of the Human Rights Act; the law relating to photographic evidence and its use in the detection of fraud; preventing and deterring fraud; working within current legislation. Investigative Interviewing - communication skills including active listening, questioning techniques, and non-verbal communication; preparing and planning an interview; structuring and controlling an interview; PACE (England and Wales) / PEACE; use of tape recording equipment, taped transcripts and summaries; dealing with third parties; techniques involved in eliciting information; recognising and dealing with aggressive behaviour. England and Wales Rules on Disclosure - an understanding of the provisions of the Criminal Procedure and Investigations Act as it relates to the law on disclosure including: - the disclosure process, - the roles created by the code, - the completion of the disclosure schedules, - maintaining continuity of evidence and preparation of exhibits, - preparation of evidence statements. The Courts an understanding of the legal process and the courts through which prosecutions can be undertaken; court etiquette; the role of the police, and the officers of the court; the role of the local authority as a prosecuting authority; preparing and presenting evidence; the role of witnesses; the impact of case-law on local authority counter-fraud policies. Page 21

22 Scotland Rules on how to submit cases for Prosecution and the Alternatives to Prosecution. How cases are prosecuted in Scotland The roles involved in the process The disclosure and precognition process Maintaining continuity of evidence and preparation of productions Preparation of evidence statements. The role of the local authority as a prosecuting authority. The Courts An understanding of the legal process and the courts through which prosecutions can be undertaken; court etiquette; the role of the police and the officers of the court. The persons involved in the Scottish Legal process Preparing and presenting evidence The role of witnesses. The impact of case-law on local authority counter fraud policies. Page 22

23 NON DOMESTIC RATING LAW (TECHNICIAN) Aim To provide an introduction to non-domestic rating law and its application to the billing, collection enforcement and the assessment of Non-Domestic Rates in England, Wales and Scotland. Learning Outcomes On completion of their studies, students should be able to: recall and discuss the legislation governing the administration and collection of Non- Domestic Rates; recall relevant case law and explain how this has impacted on the interpretation of the relevant legislation; state the basis of valuation and describe the appeals process in relation to valuation and non valuation matters; identify the factors which affect the calculation of liabilities and reliefs; describe and explain the rules which govern billing, collection, recovery and appeals procedures. Content General Provisions administration; data protection; delegation; Ombudsman; financial arrangements; administration of financial affairs; sources of finance; duty to consult ratepayers (England and Wales only); pooling arrangements; judicial system; court system; Non-Domestic Rate appeals; Judicial Review. ENGLAND AND WALES Valuation - valuation list; valuation officer; basis of valuation; compilation and maintenance of list; contents; alterations; effective dates; interest; central rating list; valuation tribunal; constitution; pre-hearing review; hearing; decision; transitional arrangements; entitlement; changes in rateable value; special cases; examples. Liability - occupation; local and central rating liability; rateable occupation; 4 elements; joint & several; servants/agents & caretakers; seasonal; clubs; advertising rights; unoccupied rate; liability; exemptions; completion notices; exemptions; classes of exemption. Reliefs Charities & kindred organisations: mandatory relief, discretionary relief, financial implications, guidance note; Rural rate relief: rural settlements, compilation & maintenance of lists, mandatory relief, discretionary relief, financial implications, guidance note; Hardship relief: entitlement, financial implications, guidance note, part occupied properties, financial implications, guidance note. Recovery - billing/collection; multiplier; demand notice; instalments; enforcement; further/reminder notices; complaint; summons; liability orders; statement of case; distress; security for unpaid rate; committal; costs & fees; insolvency; practitioners; voluntary arrangements; liquidation; bankruptcy; receivership; administration orders; deeds of arrangement; role of billing authority. SCOTLAND Valuation-valuation roll; the Assessor; valuation areas/boards; basis of valuation; compilation, maintenance and alterations to the roll; valuation notices; effective dates; exemptions; appeals; valuation appeal committee; lands tribunal; Page 23

24 Liability-rateable occupation; assessment roll; liability; joint owners and occupiers; exemptions; provision of information from owners; empty rate; transitional arrangements; interest on overpaid rates; appeals. Reliefs-mandatory (charitable) and discretionary; small business; rural; hardship; part occupied properties; disabled persons. Billing and Recovery-uniform business rate; demand notice; instalments; reminders; summary warrant; decree; diligence; Sheriff Officers; debt arrangement scheme; bankruptcy; liquidation; inhibition; receivership. Page 24

25 U.K. CONSTITUTIONAL FRAMEWORK (LEVEL 1) Aim To provide a knowledge and understanding of the constitutional and institutional framework of the United Kingdom and its relationship with the European Union Learning outcomes On completion of their studies students should be able to: Identify the division of State functions into the legislative, executive and judicial Describe the constitutional roles and responsibilities within the U.K. of Parliament, the Executive and the Judiciary; Outline the structure and institutions of the European Union and its relationship with the United Kingdom State the relationship between central, regional and local government Explain the statutory framework of local government, its functions and means by which these are carried out Content DIVISION OF STATE FUNCTIONS Doctrine of separation of powers division of State functions into legislative, executive, judicial - and extent within the U.K. PARLIAMENT, EXECUTIVE AND JUDICIARY PARLIAMENT Composition of House of Lords and House of Commons; membership, methods of selection or appointment, roles and duties Functions of Parliament: law making process, including consultation, Green and White papers, primary and secondary legislation; scrutiny of Executive: select committees, debates, questions; Parliamentary officers Voting systems used for U.K. (including E.U.) elections; referenda EXECUTIVE Monarch: constitutional position and functions as Head of State Central Government: Prime Minister, appointment, role and powers; Cabinet: selection and functions; Government departments: appointment, role and functions of government ministers (including law-making powers); individual and collective responsibility; organisation of departments (with special reference to the work of local government); Civil Servants and their relationship with ministers Public finance: administration and controls (outline only) Quangos, executive agencies and independent authorities for government and regulatory services; distinction between them; purpose; methods of creation; forms of organisation and membership Political parties and pressure groups: characteristics and influence in central and local government Page 25

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