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  1. #11

    More time posting than coding

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    No.. it is still showing the last update as 10 May 2017 but then there is no surprise there really!
    Just watching what I say

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  2. #12

    Still gathering requirements...


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    Okie doke, thank you for replying...I know I'm a lazy sod and I could've looked myself...

  3. #13

    More time posting than coding

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    Quote Originally Posted by Guesstimator View Post
    Okie doke, thank you for replying...I know I'm a lazy sod and I could've looked myself...
    Don't worry I am wouldn't be as rude as to suggest that
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  4. #14

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    The guidance has been updated today.

    Looks like a complete re-write of the page, removing lots of stuff (eg the whole section of "Roles" has been removed), plus giving some more explicit indicators around what is a public sector body than were there before (previous version was a bit vague). It's a shorter page now by a fair amount.

    In terms of what is actually in there, I can't see anything "new" (ie different from my existing understanding of the rules).
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    Does it go any way to addressing bodies that are using blanket determinations?
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    Quote Originally Posted by northernladuk View Post
    Does it go any way to addressing bodies that are using blanket determinations?
    Don't you have time to read it?

    The update on the page says the following:
    7 July 2017
    Updated to explain what a public authority is and what they need to do to follow the off-payroll working rules.
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    Quote Originally Posted by northernladuk View Post
    Does it go any way to addressing bodies that are using blanket determinations?
    No.

    I'm not sure what guidance could be given to "address" bodies that are using blanket decisions beyond "don't do this". The note says "As a public authority, you’ll need to decide if the off payroll working rules apply and tell the worker, or the agency or other labour provider who supplies the worker, if they apply. You’ll need to do this before the contract or the work starts (whichever is later)." but nothing around blanket decisions.

    And as I've said before, there may be a case where what appears to be a blanket decision is valid and there are bigger blankets that aren't valid. For example, an organisation may decide that all first line support workers are engaged and work in the same way and are inside IR35 - because the nature of the role is likely to be very similar (or even identical) then a blanket decision in that case may be perfectly valid. What isn't valid is for an organisation to say "all our contractors are inside" because they have failed the duty of care which is contained within the legislation.

    One interesting section from the guidance note is this:

    Quote Originally Posted by Guidance Note
    If the person you have a contract with asks for the reasons behind your decision in writing, you must respond within 31 days. If you don’t, you’ll become responsible for paying the tax and NICs due.
    So if the PSB decides you are inside, you should ALWAYS ask for an explanation behind that decision.
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