Status Assessments under chapter 10

The request was successful.

Dear NHS Great Yarmouth and Waveney Clinical Commissioning Group,

The Off-payroll legislation was introduced in Chapter 10 of the Income Tax (Earnings and Pensions) Act 2003, with the new legislation going live from April 6th 2017. This new legislation overrode, in the public sector, the existing Intermediaries Legislation (Chapter 8, ITEPA).

The new legislation is here:
https://www.legislation.gov.uk/ukpga/201...

One of the key differences between the chapter 8 and chapter 10 is that the public authority is required to decide whether the off-payroll working rules (Chapter 10) apply based on whether the conditions have been met in section 61M(1)(d).

61MEngagements to which Chapter applies
(1)Sections 61N to 61R apply where—
(a)an individual (“the worker”) personally performs, or is under an obligation personally to perform, services for another person (“the client”),
(b)the client is a public authority,
(c)the services are provided not under a contract directly between the client and the worker but under arrangements involving a third party (“the intermediary”), and
(d)the circumstances are such that—
(i)if the services were provided under a contract directly between the client and the worker, the worker would be regarded for income tax purposes as an employee of the client or the holder of an office under the client, or
(ii)the worker is an office-holder who holds that office under the client and the services relate to the office.

This requires the public authority to test whether the worker would be considered an employee based on employment status case law.

These assessments would have been completed by you with each assessment receiving its own determination.

Please can you provide:

A monthly breakdown, from April 2017 onwards of the number of assessments conducted by you, together with the number of assessments that are considered to be “inside IR35” (i.e. 61M(1)(d) applies) and the number that are “outside IR35” (i.e. 61M(1)(d) does not apply)

If the FOI time limit of 3.5 hours is such that not all of these records can be obtained in the time limit of 3.5 hours, then please provide them for as many of the most recent months as possible until the time limit is reached. Thank you.

Yours faithfully,

Dave Chaplin

Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING SUPPORT UNIT), NHS Great Yarmouth and Waveney Clinical Commissioning Group

1 Attachment

Good morning Dave Chaplin

 

Thank you for your email to GYWCCG.

 

Please clarify the following:

 

·        The information sought relates solely to employees of the CCG

·        You make reference to 3.5 hours.  I am wondering if this is in
reference to section 12 of the Act which states that a public authority
can refuse a request for information if it would exceed 18 hours to
locate, extract and collate the information?  If that isi the case please
clarify “…as man as the most recent months…”

 

Kind regards

Philip

 

Philip Humphreys

Freedom of Information Manager

 

T: 01246 514965

M: 07827083868

E: [1][email address]

 

 

[2]cid:image005.jpg@01D0D5D1.D8D42F90

 

 

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Dear Philip

If the FOI time limit of 3.5 hours is such that not all of these records can be obtained in the time limit of 3.5 hours, then please provide the most recent months as is possible until the time limit is reached.

Yours sincerely,

Dave Chaplin

Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING SUPPORT UNIT), NHS Great Yarmouth and Waveney Clinical Commissioning Group

Good afternoon Dave Chaplin

 

Thank you for your additional email.

 

Public Authorities are obligated to respond to FOI requests however if it
would exceed 18 hours to locate, collate and extract the information
sought then the whole request can be refused pursuant to section 12 of the
Act; this allows the requestor to choose the particular part of the
information that they are most interested in. The public authority should
not ‘select’ and respond to certain parts only, as this “ultimately denies
the requestor the right to express a preference as to which part or parts
of the request/s they may wish to receive which can be provided under the
appropriate limit.”  - see ICO guidance at the following link -
[1]https://ico.org.uk/media/1199/costs_of_c...
 I am unclear on your reference to 3.5 hours sorry.

 

In other words the authority would not conduct work up to the 18 hours
limit.

 

Also I note we have not received clarification of whether this relates to
CCG employees.

 

Please advise.

 

Regards

Philip

 

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Dear Phillip,

I request information on both NHS Great Yarmouth and CCG.

Re: The 3.5 hours please ignore if this is causing delay in our FOI request.
Yours sincerely,

Dave Chaplin

Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING SUPPORT UNIT), NHS Great Yarmouth and Waveney Clinical Commissioning Group

1 Attachment

ACKNOWLEDGEMENT OF FREEDOM OF INFORMATION REQUEST

 

FOI Reference: 000353

 

Dear Sir/Madam

 

I acknowledge receipt of your FOI request which we received on 1 April
2019 on behalf of the following;

 

North Norfolk CCG, South Norfolk CCG, West Norfolk CCG, Norwich CCG and
Great Yarmouth & Waveney CCG

 

A response to your request will be sent within 20 working days after
receipt, the date 29 April 2019

 

Yours faithfully

 

FOI team Arden & GEM CSU

Engagement, Communications and Marketing

 

NHS Arden and Greater East Midlands Commissioning Support Unit

Scarsdale, Nightingale Close, Newbold Road, Chesterfield, Derbyshire, S41
7PF

 

T: 01246 514965

W: [1]www.ardengemcsu.nhs.uk

 

 

[2]Description: cid:image004.jpg@01D03175.7654D4B0

 

 

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Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING SUPPORT UNIT), NHS Great Yarmouth and Waveney Clinical Commissioning Group

1 Attachment

Good morning Dave

 

Apologies for our error below, the actual response date due to the Bank
Holidays is 1 May

 

Regards

FOI Team

 

 

From: Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS
COMMISSIONING SUPPORT UNIT)
Sent: 01 April 2019 13:13
To: Dave Chaplin; Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST
MIDLANDS COMMISSIONING SUPPORT UNIT)
Subject: RE: Freedom of Information request - Status Assessments under
chapter 10

 

ACKNOWLEDGEMENT OF FREEDOM OF INFORMATION REQUEST

 

FOI Reference: 000353

 

Dear Sir/Madam

 

I acknowledge receipt of your FOI request which we received on 1 April
2019 on behalf of the following;

 

North Norfolk CCG, South Norfolk CCG, West Norfolk CCG, Norwich CCG and
Great Yarmouth & Waveney CCG

 

A response to your request will be sent within 20 working days after
receipt, the date 29 April 2019

 

Yours faithfully

 

FOI team Arden & GEM CSU

Engagement, Communications and Marketing

 

NHS Arden and Greater East Midlands Commissioning Support Unit

Scarsdale, Nightingale Close, Newbold Road, Chesterfield, Derbyshire, S41
7PF

 

T: 01246 514965

W: [1]www.ardengemcsu.nhs.uk

 

 

[2]Description: cid:image004.jpg@01D03175.7654D4B0

 

 

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Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING SUPPORT UNIT), NHS Great Yarmouth and Waveney Clinical Commissioning Group

2 Attachments

Good afternoon Mr Chaplin

 

Further to the below please see the CCG’s response attached.

 

Regards

Philip Humphreys

FOI Manager

 

From: Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS
COMMISSIONING SUPPORT UNIT)
Sent: 01 April 2019 13:13
To: Dave Chaplin <[FOI #544762 email]>;
Norfolkandwaveneyccgs (NHS ARDEN AND GREATER EAST MIDLANDS COMMISSIONING
SUPPORT UNIT) <[email address]>
Subject: RE: Freedom of Information request - Status Assessments under
chapter 10

 

ACKNOWLEDGEMENT OF FREEDOM OF INFORMATION REQUEST

 

FOI Reference: 000353

 

Dear Sir/Madam

 

I acknowledge receipt of your FOI request which we received on 1 April
2019 on behalf of the following;

 

North Norfolk CCG, South Norfolk CCG, West Norfolk CCG, Norwich CCG and
Great Yarmouth & Waveney CCG

 

A response to your request will be sent within 20 working days after
receipt, the date 29 April 2019

 

Yours faithfully

 

FOI team Arden & GEM CSU

Engagement, Communications and Marketing

 

NHS Arden and Greater East Midlands Commissioning Support Unit

Scarsdale, Nightingale Close, Newbold Road, Chesterfield, Derbyshire, S41
7PF

 

T: 01246 514965

W: [1]www.ardengemcsu.nhs.uk

 

 

[2]Description: cid:image004.jpg@01D03175.7654D4B0

 

 

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