Dear Mid Cheshire Hospitals NHS Foundation Trust,

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

foi (RBT) Mid Cheshire Tr, Mid Cheshire Hospitals NHS Foundation Trust

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Information Governance Department

Flat MD38 - Residence

Mid Cheshire Hospitals NHS Foundation Trust

Leighton Hospital

Middlewich Road

Crewe

Cheshire

CW1 4QJ

 

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This e-mail is not intended, nor should it be taken to create any legal
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not necessarily represent those of Mid Cheshire Hospitals NHS Foundation
Trust, unless otherwise specifically stated. If verification is required,
please request a hard copy version. Mid Cheshire Hospitals NHS Foundation
Trust is not bound by or liable for any opinion, contractor or offer to
contract expressed in any e-mail.

References

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1. mailto:foi.[Mid Cheshire Hospitals NHS Foundation Trust request email]

foi (RBT) Mid Cheshire Tr, Mid Cheshire Hospitals NHS Foundation Trust

Thank you for submitting your Freedom of Information Request. This email
is an acknowledgement of your request. The Trust will provide you with a
full response within 20 working days. If your request has been submitted
after 17:00hrs Monday – Friday or at weekends, then the 20 working day
timeframe will commence from the following working day.

 

Best Regards

 

Yvonne Hughes

Information Governance Officer

 

Direct Line: 01270 273820

Extension:  3820

E-Mail:  [email address]

 

Integrated Governance Department

Flat MD37 - Residence

Mid Cheshire Hospitals NHS Foundation Trust

Leighton Hospital

Middlewich Road

Crewe

Cheshire

CW1 4QJ

Please be aware the @mcht.nhs.uk email address is an accredited secure
email address, and is used by the Trust instead of @nhs.net.

In order to transfer PID information between organisations a secure email
connection is required and in order to achieve this standard, trusts are
required to become accredited by NHS Digital, and submit evidence each
year to remain secure email providers. Both MCHFT and Microsoft O365 as a
platform have been accredited to the secure email standard for health and
care and both have passed the required clinical safety elements (SCCI 0160
and SCC0129) and achieved the ISB1596/SCCI1596 accreditation.
A copy of this conformance statement is located on the NHS Digital website
on the link below to evidence to other trusts that we are a secure
provider https://digital.nhs.uk/nhsmail/secure-em....

For further information please contact [email address], or the
Information Governance Team at [email address]

If you have received this e-mail in error, please notify the sender and
delete the e-mail and all attachments immediately. This e-mail (including
any attachments) may contain confidential and/or privileged information.
If you are not the intended recipient, any reliance on, use, disclosure,
dissemination, distribution or copying of this e-mail or attachments is
strictly prohibited. Mid Cheshire Hospitals NHS Foundation Trust has
checked for viruses but the contents of an attachment may still contain
software viruses, which could damage your computer system. Mid Cheshire
Hospitals NHS Foundation Trust does not accept liability for any damage
you sustain as a result of a virus introduced by this e-mail or any
attachment and you are advised to use up-to-date virus checking software.
E-mail transmission cannot be guaranteed to be secure or error free.

This e-mail is not intended, nor should it be taken to create any legal
relations, contractual or otherwise. Any views or opinions expressed
within this e-mail or attachment are solely those of the sender, and do
not necessarily represent those of Mid Cheshire Hospitals NHS Foundation
Trust, unless otherwise specifically stated. If verification is required,
please request a hard copy version. Mid Cheshire Hospitals NHS Foundation
Trust is not bound by or liable for any opinion, contractor or offer to
contract expressed in any e-mail.

Mid Cheshire Hospitals NHS Foundation Trust

1 Attachment

Dear Sir / Madam,

Please find attached correspondence in relation to your request.
The Trust would be grateful if you could please take a moment to take part
in our satisfaction survey below:
1. Has your FOI request been responded to within 20 working days?
2. Were you satisfied with the response you received from the Trust?
3. Did you look on the Trusts publication scheme prior to submitting your
FOI request?
4. Is there anything you think the Trust can do to improve the FOI
process?

If you have any questions please do not hesitate to contact us.
Regards
Information Governance & IT Security Team
Mid Cheshire Hospitals NHS Foundation Trust
Integrated Governance Department
Leighton Hospital, Crewe, CW1 4QJ
Direct Line: 01270 273 820
Important Notice
If you have received this e-mail in error, please notify the sender and
delete the e-mail and all attachments immediately. This e-mail (including
any attachments) may contain confidential and/or privileged information.
If you are not the intended recipient, any reliance on, use, disclosure,
dissemination, distribution or copying of this e-mail or attachments is
strictly prohibited. Mid Cheshire Hospitals NHS Foundation Trust has
checked for viruses but the contents of an attachment may still contain
software viruses, which could damage your computer system. Mid Cheshire
Hospitals NHS Foundation Trust does not accept liability for any damage
you sustain as a result of a virus introduced by this e-mail or any
attachment and you are advised to use up-to-date virus checking software.
E-mail transmission cannot be guaranteed to be secure or error free.