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24 month rule - different ends of London

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    #91
    Originally posted by LisaContractorUmbrella View Post
    No what I am saying is that the primary consideration under the 24 month rule is location - distance and travelling time. The cost is then a consideration once it has been established that the location in terms of travelling time or distance is significantly different.
    So you assert. Show us the supporting authority for your assertion (guidance etc.), particularly with reference to distance and traveling time.

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      #92
      Originally posted by eek View Post
      I think she hangs it off the tube stop example (a few more stops not adding much time). You can equally well use the bridge work example especially as 6 miles across London without a direct tube line can add 1 hour to your journey time.
      What if, in the bridge work example, the employee had moved to the nearer side, and saved an hour on his journey - is that still claimable?

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        #93
        Originally posted by mudskipper View Post
        What if, in the bridge work example, the employee had moved to the nearer side, and saved an hour on his journey - is that still claimable?
        I believe it is yes. He has no other option and the route has change significantly. Doesn't matter if it is less or more. No where in the documentation does it mention shorter... just significantly.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #94
          Originally posted by LisaContractorUmbrella View Post
          No what I am saying is that the primary consideration under the 24 month rule is location - distance and travelling time. The cost is then a consideration once it has been established that the location in terms of travelling time or distance is significantly different.
          And when they do consider the cost I don't think they will see £12 a day as significant.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #95
            Originally posted by Old Greg View Post
            So you assert. Show us the supporting authority for your assertion (guidance etc.), particularly with reference to distance and traveling time.
            Do you know how many pages of guidance there are on expenses This is my opinion which is based on 11 years experience running CU - there isn't an example I can give you which matches your situation exactly and HMR&C are not known for their clear guidance. At the end of the day, if you believe you are right, claim it
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              #96
              Originally posted by Old Greg View Post
              So you are saying that if the cost decreases then it is not a different workplace bit if it increases it is a different workplace (assuming it is not an artifice?)
              No, what I am trying to understand is that why did you take an awkward route for 23 months, and now suddenly at the point when you cannot claim further; changing the route to more logical! I am not accusing you of anything, but as per the court, this would be fishy. The very first question you will be asked is why did you take 23 months to realise this was an awkward route? As per my experience with London Transport, if you are arriving at a terminus then it is very easy for you to change to a tube line which will help you to complete your journey. What were your reasons to take the awkward journey so far, if it was easier commute for most of your journey time, why are you then changing the route now?

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                #97
                Originally posted by LisaContractorUmbrella View Post
                Do you know how many pages of guidance there are on expenses This is my opinion which is based on 11 years experience running CU - there isn't an example I can give you which matches your situation exactly and HMR&C are not known for their clear guidance. At the end of the day, if you believe you are right, claim it
                But I thought we were playing lawyers.

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                  #98
                  Originally posted by rd409 View Post
                  No, what I am trying to understand is that why did you take an awkward route for 23 months, and now suddenly at the point when you cannot claim further; changing the route to more logical! I am not accusing you of anything, but as per the court, this would be fishy. The very first question you will be asked is why did you take 23 months to realise this was an awkward route? As per my experience with London Transport, if you are arriving at a terminus then it is very easy for you to change to a tube line which will help you to complete your journey. What were your reasons to take the awkward journey so far, if it was easier commute for most of your journey time, why are you then changing the route now?
                  Because the route I was taking was the most sensible route to my old client. There is a cheaper quicker and easier route to my new client.

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                    #99
                    Originally posted by Old Greg View Post
                    But I thought we were playing lawyers.
                    Yes but I am only armed with HMR&C guidance - which is a bit like trying to play tennis with a teaspoon
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                      Seems to me it's down to one's application of the term 'substantial effect'. HMRC examples show that (in their humble opinion) 'next door' or '10 tube stops' aren't substantially different, but that 'driving the long way around to the other end of the bridge' is (although their example isn't specific about routes/distances).

                      Even if we knew exact start/end points for the OP's journeys I suspect we would still not all agree on whether it's substantially different...

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