JSA and IR35

[d000hg]

The moral arguments around claiming JSA as a contractor have been discussed in other threads I think.

It must have been in passing, I can't remember it being mentioned

[northernladuk]

I can't believe I am actually going to engage in a conversation about this rather than just laugh at the situation but I think it's a bit more complicated than that from what I have read. There are different types of JSA and I think the qualifying criteria for the one that is being claimed is that your company has no work for you so is not paying you so you can claim a certain amount rather than a full blown redundancy and being jobless procedure.

I could be wrong and really don't give a monkies but just thought I would throw that in in case it helps.

[LisaContractorUmbrella]

So it wouldn't be an indicator of employment, that as soon as you leave the client you are unemployed and need to claim JSA?

I can see the argument but HMRC don't seem to think it would be a factor

[Clare@InTouch]

So it wouldn't be an indicator of employment, that as soon as you leave the client you are unemployed and need to claim JSA?

I think it's two different things - on the one hand you're assessing your relationship with the end client to see if you're a disguised employee. On the other hand your actual employer, your own company, sacks you when they lose their main customer and can no longer afford your services. I don't think you can connect the two that simply, unless you were subject to IR35 in the first place.

The moral arguments around claiming JSA as a contractor have been discussed in other threads I think.

[TheFaQQer]

Here you go [ARCHIVED CONTENT] HM Revenue & Customs: IR35: Countering Avoidance in the Provision of Personal Services - FAQ's

So it wouldn't be an indicator of employment, that as soon as you leave the client you are unemployed and need to claim JSA?

[LisaContractorUmbrella]

Here you go [ARCHIVED CONTENT] HM Revenue & Customs: IR35: Countering Avoidance in the Provision of Personal Services - FAQ's

[TheFaQQer]

I'm not sure it's been asked before, but I'm sure that someone will know the answer.

When a contract comes to an end, I know of someone who then makes themselves redundant so that they can claim job seekers allowance.

Does that not indicate that for the duration of the previous contract they saw themselves as being employed by the client because as soon as the contract ends they sign on?