Guidance

OISC witness expenses

Updated 1 April 2016

This guidance explains how to complete your witness expenses claim form and provides the current rates and upper limits of allowances, which apply to witnesses called to give evidence by the Office of the Immigration Services Commissioner (OISC).

The rates and upper limits are periodically reviewed and those in use when you attend court will be applied to your claim.

1. Obtain a claim form

To obtain a claim form, please contact the OISC using the details below:

Office of the Immigration Services Commissioner

OISC
PO Box 567
Dartford
KENT
DA1 9XW

Email info@oisc.gov.uk

General and public enquiries (Monday to Friday between 9am - 12pm, EXCEPT public holidays) 0345 000 0046

2. Section A: subsistence expenses

2.1 Day subsistence

These are fixed allowances towards the cost of meals and refreshments and the appropriate amount will be paid automatically.

The period of attendance includes the time spent travelling to and from court as well as the time spent at court. You may only claim for the time when you were required to attend. If you stayed at court after you were released from giving evidence, no payments will be made for this time. The current rates are:

• £2.25 for attendance not exceeding 5 hours
• £4.50 for attendance exceeding 5 hours but not exceeding 10 hours
• £9.75 for attendance exceeding 10 hours

2.2 Overnight allowance

The overnight allowance is a fixed amount towards the cost of meals, refreshments, accommodation and other expenses incurred, where you had to stay away from home. The current rates are:

• £116.00 for attendance overnight in inner London (within 5 miles of Charing Cross)
• £65.00 for attendance overnight elsewhere

3. Section B: travel expenses

3.1 Public transport

Rail, bus and tube fares at standard (i.e. second class) rates will be reimbursed in full. You must provide receipts.

3.2 Car

If you choose to use your own car, you will be paid 25p for each mile.

In addition, if you give a lift to another witness who is also required to attend court, a further 2p per mile will be paid for the first such passenger and 1p per mile for each additional passenger after the first.

In exceptional cases where you can show that you had to use your own car instead of public transport, (e.g. there was no public transport, or there was a considerable saving of time and money, or because you are disabled or infirm), then a higher rate per mile may be paid.

You will need to justify using your own motor car to be eligible for the higher rate.

3.3 Motorcycle

If you choose to use your own motorcycle, you will be paid 23.8p for each mile.

In exceptional cases where you can show it was necessary to use your own motorcycle instead of public transport, then a higher rate per mile may be paid.

3.4 Car parking

Car parking charges will only be paid if you can demonstrate that it was necessary to use your own motor vehicle. You must provide receipts.

3.5 Taxi

The cost of taxi fares or other hired vehicles (including reasonable tips) will only be paid in cases of emergency, illness or infirmity, or where no other reasonable means of transport available. You must provide receipts.

3.6 Congestion charge

This will normally be reimbursed in full. You must provide receipts.

3.7 Other transport

If you intend to use some other form of transport (e.g. aero plane), you are advised to contact the OISC for advice as to whether the cost will be reimbursed.

4. Section C: advance payments

If you are unable to pay in advance, then the OISC may be able to purchase travel tickets on your behalf to enable you to attend court. Please contact the OISC for advice.

5. Section D: loss of earnings (employed persons)

The maximum amount of lost earnings which may be repaid is:

• £33.50 for an absence from work not exceeding 4 hours
• £67.00 per day for an absence from work exceeding 4 hours

These payments are not subject to income tax or other statutory deductions. To claim for a loss of earnings, you must ask your employer to complete section D of your claim certifying the earnings you have lost. This should be done after you have attended court.

6. Section E: loss of earnings (self-employed persons)

The maximum amount of lost earnings which may be repaid is:

• £42.95 for an absence from work not exceeding 4 hours
• £85.90 per day for an absence from work exceeding 4 hours

To claim for a loss of earnings, you must provide some evidence of self-employment e.g. your business card or letterhead. This must include your name, firms stamp, letter headed paper and accountant’s letter. You may also be required to provide evidence of your loss.

Payments to compensate for a temporary loss of profits are taxable as receipts of a business.

7. Section F: other costs

The maximum amount, which can be repaid for any other costs you incur, is £67.00 for each day of attendance.

If you pay someone to work or act in your absence, for example paying someone else to look after young children, you must ask them to complete section E, certifying the amount you have paid them.

You may not claim for employing someone to work in your absence if you are also claiming loss of earnings. If you have any other costs not shown in other sections of the claim, full details should be given and receipts or other proof should be attached to your claim.

8. Section G: declaration

You must sign your claim form. Failure to do so will delay your payment.

9. Contact the OISC

If you need any advice on the amounts which you can claim, or help in completing your claim form, please speak to the OISC representative at court, or telephone the OISC on 0207 211 1500 and ask to speak to a member of the finance team.