Does a gap between contracts reset 24 month rule?

[bunting]

I'm in a situation with 1 client that I've been at for over a year now. They want me to continue to mid April in one role, which will complete the contract and all extensions.
They want to pimp me out to one of their clients from beginning of May for approx 11 months, but the contract will stilll be with the same company.
The combined total of the two contracts will be over 2 years.
Question: Does the end of the first contract and 2 weeks off then new contract constitute a reset of the 24 month rule?
If yes then great, if no, then I suppose I would need to stop claiming expenses from the end of the 1st contract, and build in the travel (Leeds to Widnes) into my rate.

Opinions please?

Cheers

[Fred Bloggs]

It is a rolling 24 month period so you need to review the situation day by day to count when you fall foul of either the 40% or the 24 month rule.

[bunting]

Cheers for the quick reply Fred,

I have been led to believe that at the moment that you know the contract will go beyond 24 months, that is the point that you must stop claiming expense.

[KevinS]

Cheers for the quick reply Fred,

I have been led to believe that at the moment that you know the contract will go beyond 24 months, that is the point that you must stop claiming expense.

I believe that is the case. However, as I understand it, the 24 month rule won't apply to you IF you are going to be working at a different site (you stated that ClientCo wants to pimp you out to a client of theirs).. Will you be on a different site?

I could be wrong of course as IANAL..

[NotAllThere]

It's not the contract, it's not the client, it's the location.

If you work for Apple at Stockley Park for 23 months, then get a contract with the PCG at Stockley Park for 6 months, you can't claim the expenses for your PCG gig.

I could be wrong of course as IANAL.

[SueEllen]

I believe that is the case. However, as I understand it, the 24 month rule won't apply to you IF you are going to be working at a different site (you stated that ClientCo wants to pimp you out to a client of theirs).. Will you be on a different site?

I could be wrong of course as IANAL..

The journey to the clientCo's client's site must be different enought to count as a different journey. Therefore if it's in the next street to the clientCo then the 24 month rule still comes into play however if it's in a different part of town your in the clear.

[Fred Bloggs]

Cheers for the quick reply Fred,

I have been led to believe that at the moment that you know the contract will go beyond 24 months, that is the point that you must stop claiming expense.

Correct.

[Fred Bloggs]

The journey to the clientCo's client's site must be different enought to count as a different journey. Therefore if it's in the next street to the clientCo then the 24 month rule still comes into play however if it's in a different part of town your in the clear.

I don't think anything is "set in stone" but, no you are not necessarily "in the clear". I understand that (for example) the the City of London is one location. By the same token I was in Manchester with a couple of different firms. I'm now avoiding Manchester for a while unless I get a real good rate. The way I see it, Manchester is one location. Liverpool or Chester would be another so I could claim again. HTH.

[moorfield]

Cheers for the quick reply Fred,

I have been led to believe that at the moment that you know the contract will go beyond 24 months, that is the point that you must stop claiming expense.

What happens if you buy (and expense) your annual season ticket the day before you "know" you are going to go beyond 24 mths ?

[bunting]

I think, bearing any catastrophe, I would be in the clear based on all your comments.
The contract coming to an end is in York
The new contract is in Widnes

My concern is that it is for the same company and the combined contracts would be over 2 years.
I will be getting a decent (40%) increase to drive to Widnes from Leeds every day, so happy to do it, but want to claim the mileage, and will do it under the contract rate, BUT if caught by 24 mths rule, will up my request by 25 quid a day to cover travelling.

Cheers