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IR35 and indirect benefits not provided by the client company

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    #11
    Originally posted by eek View Post
    Anything where they allow retired and former workers to retain membership is going to result in great difficultly proving it's an IR35 indicator.

    I think you really are trying to make a mountain out of a miniature model ant hill
    You're probably right but I'm pointing out the facts to the OP and he can make their own decision. They asked ' my question is would the use of an Ode debit card or Eduroam infringe IR35? ' and I believe it's a clear yes. Large or small issue aside, that's the answer (IMO). From the king of pedantry I though you'd appreciate that

    I'm confused why retired and former workers makes a difference, it's still a benefit that was offered to employees of the healthcare system, which the OP is not.

    Should the OP take it? They've already made their mind up IMO. I'm just pointing out the facts to someone that I believe is blinkered in to taking it so not seeing the other side. We've seen this plenty of times where a poster wants to do something that they've convinced themselves is OK, I'm just pointing out the bits they've missed or don't want to hear.

    If nothing else it's kind of interesting digging in to it as we haven't been asked this before.
    Last edited by northernladuk; 25 July 2021, 17:28.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #12
      IMO the Ode maybe but I dont think the Eduroam would be.
      The NHS has something similar, access to a 'shared' wifi that can be used at any NHS trust site, as well as councils (provided they signed up for it) called GovWifi. It was a way of making it easier when travelling to other sites to access a secure wifi connection, rather than having to sign into the wifi of the site you were visiting or wait to get an access code etc.

      it may come down to what are you using it for? If, as part of your role, you travel to various locations and need access to a secure network, they i think its valid to use Eduroam, same way I had to use GovWifi.

      If you want to use it for personal use, then it may be grey (though how they could prove this i dont know).

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        #13
        This discount has nothing to do with the NHS, it is only the debit card company that is offering this benefit. This is like a sweet shop offering discounts to employees at a factory across the road to entice them in. If you popped into the sweet shop and showed your badge to get a discount it doesn't make you an employee.
        I'm alright Jack

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          #14
          It's much like the 75% discount you get on Heathrow Express if you have an airport pass. Everyone who has been issued a pass by the airport is entitled to the discount and taking it doesn't make you an employee; it's there to encourage people to use public transport to get to work rather than drive.
          Click here to come to the CUK Xmas do on 10 Dec! Meet your board heroes!

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            #15
            Originally posted by BlasterBates View Post
            This discount has nothing to do with the NHS, it is only the debit card company that is offering this benefit. This is like a sweet shop offering discounts to employees at a factory across the road to entice them in. If you popped into the sweet shop and showed your badge to get a discount it doesn't make you an employee.
            I dont think the debit card company is offering the benefit, the institution the OP works at is. The ODE card is another benefit.

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              #16
              Originally posted by MonkeysUncle View Post

              I dont think the debit card company is offering the benefit, the institution the OP works at is. The ODE card is another benefit.
              Is the institution the OP work for paying ODE something towards the cards - I seriously doubt it. What I suspect you will find is that ODE has a whitelist validation check on the domain name part of an email address as the basis of admission.
              merely at clientco for the entertainment

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