We don't know whether the most recent response to this request contains information or not – if you are Dave Chaplin please sign in and let everyone know.

Status Assessments under chapter 10

Dave Chaplin made this Freedom of Information request to North East Ambulance Service NHS Foundation Trust as part of a batch sent to 314 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for Dave Chaplin to read recent responses and update the status.

Dear North East Ambulance Service 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

Karen Greenacre, North East Ambulance Service NHS Foundation Trust

1 Attachment

Please find attached acknowledgement letter to your Freedom of Information
request.

 

 

 

Karen Greenacre
Governor Support Officer | Chief Executive’s Directorate

 

Direct Line: 0191 430 2036  
North East Ambulance Service NHS Foundation Trust
Bernicia House | Goldcrest Way | Newburn Riverside Business Park
Newcastle Upon Tyne | NE15 8NY | 0191 430 2000
Unmatched quality of care every time we touch lives

CQC rated good
[1]www.neas.nhs.uk | [2]Twitter: @NEAmbulance | [3]Facebook:
North-East-Ambulance-Service

 

 

--
The North East Ambulance Service NHS Foundation Trust accepts no responsibility or liability for the contents of this email or any changes made after the original email. Any views or opinions presented are solely those of the sender and do not necessarily represent those of the North East Ambulance Service NHS Foundation Trust unless otherwise specifically stated. If you are not the intended recipient (or responsible for delivery) of this email and its attachments, please notify the sender and delete the email and any copies made. The confidentiality of this email cannot be guaranteed unless the contents are exempt from the FOI Act 2000.

References

Visible links
1. http://www.neas.nhs.uk/
2. https://twitter.com/NEAmbulance?ref_src=...
3. https://www.facebook.com/pages/North-Eas...

Dear Karen,
Please could you respond to my FOI reqest.
Yours sincerely,

Dave Chaplin

Karen Greenacre, North East Ambulance Service NHS Foundation Trust

The Trust is aware that your request for information is outstanding and apologies for any inconvenience caused. I have issued reminders to colleagues who will provide the information and hope to be in a position to respond to you in the near future.

Thank you for your patience.

Karen Greenacre
Governor Support Officer | Chief Executive’s Directorate

Direct Line: 0191 430 2036  

North East Ambulance Service NHS Foundation Trust
Bernicia House | Goldcrest Way | Newburn Riverside Business Park
Newcastle Upon Tyne | NE15 8NY | 0191 430 2000
Unmatched quality of care every time we touch lives
CQC rated good
www.neas.nhs.uk | Twitter: @NEAmbulance | Facebook: North-East-Ambulance-Service

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Dave Chaplin please sign in and let everyone know.