Staying in the same public sector contract after April 2017

[maxm]

Random questions:
Are 'Housing Association' subject to FoI Act? And will the new IR35 PS changes apply to them?

[cojak]

Have a look... Freedom of Information Act 2000

[SussexSeagull]

Getting adverts through to work in the NHS, which isn't unusually as it is quite a large sector, and they are still specifically asking for NHS experience.

I can't help but think they are going to have to get a lot less picky in the upcoming months and years.

[eek]

Random questions:
Are 'Housing Association' subject to FoI Act? And will the new IR35 PS changes apply to them?

Have a look... Freedom of Information Act 2000

And to save you looking at Cojak's link they are not - the act mentions housing action trusts which have now been disbanded.

[RonBW]

unless your role is still deemed outside

Will that really matter to Hector?

Yes. If it didn't matter, then they would already be investigating everyone who works in the public sector.

If the client has agreed you are outside, then there is no reason for HMRC to say "you've made the assessment, you've considered the working practices, you've used our tool (if at all) and determined that the person is outside, but we're going to bin all that and investigate them".

[maxm]

Thanks for the quick replies, that was really helpful.

Also, found this post by northernladuk which is a Public Sector Classification Guide - Housing Association are classified as ' Public Non-financial Corporations'

[jamesbrown]

Remember, they can change the FOI at any time. IIRC they mooted incorporating all charities a couple of years ago, but didn't push it through.

[difficulttimes]

Saw this on a Linkedin post which was interesting..

There will be a gateway process to assess your status. It will be the responsibility of the contracting government body to determine the status of each contract. You should be able to find out more by taking yourself through the following questions, oh and if you already work in public sector, by providing evidence that you are operating outside IR35 to your relevant decision maker (if you are lucky enough to be an Xpertise contractor we can make suggestions here):

Gateway 1: Is 20% or more of the contract for materials consumed in the service? If yes then you’re outside IR35. To be honest, we don’t fully understand this, so suggest this is one point to check with your accountant. For most, we think the answer will be no, so go to gateway 2.

Gateway 2:

Are you (the contractor) required to do the work yourself?
Does the contracting party (the government body) decide or have the right to decide how the work should be done?

If the answer is definitely ‘yes’ to both questions then the gateway process result will be that IR35 applies. If not, then move onto the next step.

HMRC digital tool: The next step is then to answer the new Employment Status Service (ESS) tool questions online.

[jamesbrown]

Saw this on a Linkedin post which was interesting..

There will be a gateway process to assess your status. It will be the responsibility of the contracting government body to determine the status of each contract. You should be able to find out more by taking yourself through the following questions, oh and if you already work in public sector, by providing evidence that you are operating outside IR35 to your relevant decision maker (if you are lucky enough to be an Xpertise contractor we can make suggestions here):

Gateway 1: Is 20% or more of the contract for materials consumed in the service? If yes then you’re outside IR35. To be honest, we don’t fully understand this, so suggest this is one point to check with your accountant. For most, we think the answer will be no, so go to gateway 2.

Gateway 2:

Are you (the contractor) required to do the work yourself?
Does the contracting party (the government body) decide or have the right to decide how the work should be done?

If the answer is definitely ‘yes’ to both questions then the gateway process result will be that IR35 applies. If not, then move onto the next step.

HMRC digital tool: The next step is then to answer the new Employment Status Service (ESS) tool questions online.

Out of date. The gateway tests were removed as unworkable.

[difficulttimes]

Out of date. The gateway tests were removed as unworkable.

Then why do people put this information out as being so called up to date?? Very frustrating..