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Reply to: JSA and IR35

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Previously on "JSA and IR35"

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  • speling bee
    replied
    Originally posted by TheFaQQer View Post
    According to Citizens Advice (linky),



    I guess the argument is that you either aren't spending 16 hours working for your company, or if you are you aren't being paid, so that's your get out.
    He's a crafty bugger so I guessed he had all bases covered.

    Leave a comment:


  • TheFaQQer
    replied
    According to Citizens Advice (linky),

    For JSA a claimant must not be in 'remunerative work' meaning at least 16 hrs per week
    I guess the argument is that you either aren't spending 16 hours working for your company, or if you are you aren't being paid, so that's your get out.

    Leave a comment:


  • d000hg
    replied
    What if your employer (you) employs you on a zero-hours contract? Then you can remain on JSA and they only pay you the weeks you don't earn enough - or at least I think it used to work that way?

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by NickNick View Post
    Surely that counts as "actively seeking work" which is what you are supposed to do whilst signing on isn't it?
    You aren't actively seeking work - you are actively seeking to find a client for your company. Some would say that as a director of the company, that was your job anyway.

    Unless you are looking for someone to take you on as an employee, or inside IR35.

    Leave a comment:


  • NickNick
    replied
    Surely that counts as "actively seeking work" which is what you are supposed to do whilst signing on isn't it?

    Leave a comment:


  • speling bee
    replied
    Originally posted by d000hg View Post
    [How] is that different?
    You are still an employee but your employer has no work for you so has temporarily laid you off and is not paying you. However, if you are looking for contracts for your Ltd, isn't that working, even if not being paid?

    Leave a comment:


  • d000hg
    replied
    [How] is that different?

    Leave a comment:


  • speling bee
    replied
    Originally posted by d000hg View Post
    Also don't you have to issue a P45 when made redundant by your company or something? Being hired and made redundant multiple times a year by the same company must look a bit complicated on some for or another?
    I think PC has a dodge where his Ltd doesn't make him redundant but lays him off.

    Leave a comment:


  • d000hg
    replied
    Also don't you have to issue a P45 when made redundant by your company or something? Being hired and made redundant multiple times a year by the same company must look a bit complicated on some for or another?

    Leave a comment:


  • d000hg
    replied
    Originally posted by speling bee View Post
    Because the Dole Office might catch you and throw the book at you.

    PC
    I rather meant doing bar work instead of claiming JSA.

    Originally posted by psychocandy View Post
    A little bit of hassle to start with admitedly. After that its 10 mins every two weeks.
    You can get into town, queue, talk to the advisor person, and get back home in 10 minutes?

    Leave a comment:


  • speling bee
    replied
    Just another thought...

    If you are a Company Director and claiming JSA having laid yourself off (as an employee), when looking for contract work (rather than a job), does that count as working while claiming JSA, and therefore benefit fraud?

    Leave a comment:


  • SpontaneousOrder
    replied
    Intuitively though, ignoring the legality of it all, it strikes me as a very 'disguised employee' kind of thing to do.
    I wouldn't try to map it to IR35 criteria though - it's (deliberately?) bonkers at it's simplest.

    Leave a comment:


  • SussexSeagull
    replied
    Originally posted by SpontaneousOrder View Post
    Although, that logic works both ways. It would be entirely consistent to moan about being taxed and then to reclaim what was taken from you via whatever means, including JSA.

    I'm all for bankrupting the state, but in this instance I struggle to sympathise because i've too much self-pride in what I'm trying to achieve as a business.
    This is getting somewhat off topic but somewhere along the line benefits changed from being the last resort to the government giving subsidies to business (tax credits and housing benefit) and giving tax rebates to certain lifestyle choices (Child Benefit to the middle classes).

    Needs refocusing on tiding people without savings over who are between jobs and helping those who genuinely can't work for medical reasons.

    Leave a comment:


  • SpontaneousOrder
    replied
    Originally posted by SussexSeagull View Post
    If you do claim JSA when you don't really need it (i.e. you can live until your next contract without it), then don't moan next time you pay tax.
    Although, that logic works both ways. It would be entirely consistent to moan about being taxed and then to reclaim what was taken from you via whatever means, including JSA.

    I'm all for bankrupting the state, but in this instance I struggle to sympathise because i've too much self-pride in what I'm trying to achieve as a business.

    Leave a comment:


  • SussexSeagull
    replied
    If you do claim JSA when you don't really need it (i.e. you can live until your next contract without it), then don't moan next time you pay tax.

    Leave a comment:

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