Has anybody here furloughed themselves yet?

[jamesbrown]

I would have only had to quote it once if it was actually read and understood the first time

Yes, so clear that the gov't acknowledged itself that their guidance was unclear and required more detailed guidance.

I think you have limited experience (of gov't guidance being misleading or wrong) whereas many of us here have more than we'd care for

[jamed]

I think you have limited experience (of gov't guidance being misleading or wrong) whereas many of us here have more than we'd care for

I can't disagree with that

[CheeseSlice]

of gov't guidance being misleading or wrong..

Blasphemy!

I draw your attention to the FAQ once more..

Q3. What is the relationship between the Treasury Direction and the guidance?

The Government guidance was first issued on 26 March 2020 and was updated three times before the Treasury Direction was published. There are inconsistencies between the Treasury Direction and earlier versions of the Government guidance. There also appear to be inconsistencies between the Direction and the current Government guidance, even though the guidance was updated after the Direction was published.

As noted in Question 2, HMRC is bound to follow the Treasury Direction. Government guidance can, in certain circumstances, be used by courts as a persuasive authority in the interpretation of a statutory provision. However, where there are inconsistencies that cannot be reconciled, the Direction will prevail.

The good news is the text "HMRC is bound to follow the Treasury Direction".. so basically we can always go back to the 'Treasury Direction' as it trumps the government 'guidance' every time.

[jamesbrown]

The good news is the text "HMRC is bound to follow the Treasury Direction".. so basically we can always go back to the 'Treasury Direction' as it trumps the government 'guidance' every time.

Indeed. Again, thanks for posting this - useful for everyone.

[hairymouse]

SJD seems to be of the opinion that you can't search for a new contract while furloughed. Here's a few excerpts from their advice:

If you wish to claim for the Coronavirus Job Retention Scheme, you must meet the following criteria:

• Not be completing any work for your limited company, including searching for a new contract/networking (except for completing statutory filings such as bookkeeping, VAT returns and accounts),

Your claim can be backdated to 1 March 2020, as long as you meet the criteria as above, which includes not searching for a new contract since this date.

They are also suggesting that if you can afford it, wait until the end of the furlough and make your claim for several months at once.
It's a shame they are saying I can't look for a new contract, that's pretty restrictive. Not sure how I feel about ignoring their advice and claiming anyway, including March.

[northernladuk]

SJD seems to be of the opinion that you can't search for a new contract while furloughed. Here's a few excerpts from their advice:

If you wish to claim for the Coronavirus Job Retention Scheme, you must meet the following criteria:

• Not be completing any work for your limited company, including searching for a new contract/networking (except for completing statutory filings such as bookkeeping, VAT returns and accounts),

Your claim can be backdated to 1 March 2020, as long as you meet the criteria as above, which includes not searching for a new contract since this date.

They are also suggesting that if you can afford it, wait until the end of the furlough and make your claim for several months at once.
It's a shame they are saying I can't look for a new contract, that's pretty restrictive. Not sure how I feel about ignoring their advice and claiming anyway, including March.

I imagine that's a regurgitated article stating some of the facts (?!) flying around rather than SJD making their own opinion on the matter.

[Paralytic]

Accountants will say whatever is least risky for them, hence their response.

No-one will know if you keep looking. If you then apply, then there is obviously a paper trail - that's the point at which you need to make the risk assessment.

Others have said you can apply as yourself, not as your Ltd company; I'm not convinced, but worth considering.

[ladymuck]

Accountants will say whatever is least risky for them, hence their response.

No-one will know if you keep looking. If you then apply, then there is obviously a paper trail - that's the point at which you need to make the risk assessment.

Others have said you can apply as yourself, not as your Ltd company; I'm not convinced, but worth considering.

Err...no. A company has to claim CRJS on behalf of its employees. An employee cannot claim it for themselves. It requires the company to declare that there is essentially no work for that person to do.

[Paralytic]

Err...no. A company has to claim CRJS on behalf of its employees. An employee cannot claim it for themselves. It requires the company to declare that there is essentially no work for that person to do.

Apply for the other roles while furloughed, not for CRJS.

[hairymouse]

I imagine that's a regurgitated article stating some of the facts (?!) flying around rather than SJD making their own opinion on the matter.

No, it's snippets of the email that my SJD accountant sent to me this morning when I asked him if I should furlough myself. I don't think he wrote it , it's probably the official SJD position.