SDC Worries Re. Travel and Subsistence

**TheCyclingProgrammer** · 12 September 2016, 09:57

IIRC the new rules for T&S (supervision, direction OR control) do not apply to PSCs, they apply to umbrella contractors. PSCs ability to claim T&S is still dictated by IR35 status. If you're confident that you are outside IR35 then you can claim T&S subject to the normal rules.

**northernladuk** · 12 September 2016, 10:02

Originally posted by TheCyclingProgrammer View Post

IIRC the new rules for T&S (supervision, direction OR control) do not apply to PSCs, they apply to umbrella contractors. PSCs ability to claim T&S is still dictated by IR35 status. If you're confident that you are outside IR35 then you can claim T&S subject to the normal rules.

Just for the OP, those normal rules would include the 24 month rule and expectation to be working in the same geographic area for a long period of time. Plenty of links on the right if you are new to the 24 month rule.

**The Only Way Is Keynsham** · 12 September 2016, 10:04

Originally posted by TheCyclingProgrammer View Post

IIRC the new rules for T&S (supervision, direction OR control) do not apply to PSCs, they apply to umbrella contractors. PSCs ability to claim T&S is still dictated by IR35 status. If you're confident that you are outside IR35 then you can claim T&S subject to the normal rules.

Ah, didn't know that.

That makes all the difference then.

Thanks.

**The Only Way Is Keynsham** · 12 September 2016, 10:08

Originally posted by northernladuk View Post

Just for the OP, those normal rules would include the 24 month rule and expectation to be working in the same geographic area for a long period of time. Plenty of links on the right if you are new to the 24 month rule.

I rarely stay anywhere longer than 6 months to be honest.

I get bored easily & it reduces my exposure should the worst happen.

**LondonManc** · 12 September 2016, 10:10

Originally posted by The Only Way Is Keynsham View Post

I have been offered a contract that has been passed by QDOS as being outside of IR35.

I know about working practices etc with respect to IR35 but the thing that worries me here is the Superviosion, Direction OR Control aspect of the new rules on claiming T&S.

This is the scenario - I'll be working for a Japanese car manufacturer who impose the same working conditions on everybody across the board; i.e. Fixed working hours and break times.

This time last year if I'd been offered it I'd have no qualms about accepting because there's some IR35 friendly stuff in there like having to work from home on my own kit when the factory shuts down over Christmas and summer.

Now these new T&S rules are in place I'm tempted to turn this one down as fixed working hours to me demonstrates that I'm subject to control.

I think I've answered my own question but I'd be interested to hear other views.

Fixed working hours isn't a biggie if they're fixed for everyone, including other consultants, as that simply indicates the availability of the other people.

**jamesbrown** · 12 September 2016, 10:27

TCP is correct. When IR35 is the relevant legislation, it is also the relevant legislation for T&S, not SDC alone.

**The Only Way Is Keynsham** · 12 September 2016, 19:56

Originally posted by jamesbrown View Post

TCP is correct. When IR35 is the relevant legislation, it is also the relevant legislation for T&S, not SDC alone.

What if you go through a brolly ?

**northernladuk** · 12 September 2016, 19:58

Originally posted by The Only Way Is Keynsham View Post

What if you go through a brolly ?

Brollies already got their T&S stopped April just gone. TCP made that clear in the 2nd post on this thread.

**The Only Way Is Keynsham** · 12 September 2016, 20:17

Originally posted by northernladuk View Post

Brollies already got their T&S stopped April just gone. TCP made that clear in the 2nd post on this thread.

Not wanting to throw in a curveball but, if that is the case, wtf would you bother going through a brolly?

SDC Worries Re. Travel and Subsistence