Tuesday, 31 March 2020

CORONAVIRUS JOB RETENTION SCHEME

THIS BLOG WILL BE UPDATED AS I GET NEW INFORMATION.
HMRC issued updated guidance and full scheme rules on 15 April 2020.  


UPDATED 1700 14 May 2020 - CJRS version 2.56. 


The Chancellor announced on 12 May that the Scheme will continue under the present rules until the end of July and then will continue with some changes from August to October. Currently 7.5 million people are being paid on furlough at a cost of £14 billion a month. 

HMRC has confirmed to me that the very revised guidance published on 15 April merely explains how the rules were intended to work in the first place. In other words it is no more than a clarification of the faulty guidance that was originally issued. 

The clarification has been made as the full legal details of the scheme were published. They set the scheme in stone and almost certainly mean there will be no more changes until the end of July. 

THE SCHEME
The Coronavirus Job Retention Scheme allows an employer to 'furlough' some or all of their employees who are on PAYE and pay them 80% of their regular pay - subject to an upper limit - for up to three months - or longer if the crisis lasts longer.

The scheme is described in these official documents. They were both updated on 1 May and include extra details. If this blog does not answer your question look there or in the full legal details above.

Can your employer use the scheme

Guidance for employers 

There is also separate guidance for public sector 'contingent workers' see below.

This blogpost looks at the fiddly bits which people have asked me about and sets out at who is left out of the Scheme. A separate blogpost sets out the rules for the Self-employment Income Support Scheme.

Tweet or DM me @paullewismoney with corrections and questions. I may not be able to answer them all personally.

The date
To qualify for the Coronavirus Job Retention Scheme you must meet a key time condition.

Originally HMRC said that people who were employed and on their firm's PAYE system on 28 February 2020 were eligible. The 'clarification' in April is that they must in fact have been included in the Real Time Information sent to HMRC by no later than 19 March 2020. That means much the same as the previous guidance and most of those employed before 1 March 2020 should be included. But there are problems.

Despite being called 'Real Time Information' or 'RTI' employers do not send information in real time. If I take a job on 18 February my employer has to report me on the payroll to HMRC on or shortly after my next payday. As a monthly paid person that might be on or shortly after 31 March. So some people employed late in February may not be included in that return.

On the other had if I join on 5 March and I am paid weekly on Friday 13 March then that return may well be sent on or before 19 March. So I might be included.

The date of 19 March conveniently is the day before the new scheme was first announced AND is the final deadline for February pay details which were due to be sent by 5 March. But it is not the same simple rule as being employed on 28 February and it will be impossible for individuals to know if they qualify or not.

HMRC now says that this clarification merely sets out how the system was always going to work, even though earlier versions of its guidance appeared to say something else. But it means that some who were expecting to be included will not be and some who were not expecting to be included in fact will be.

It also means that the vast majority of the 260,000 people in every month who move from one job to another who were excluded because they left one job before 28 February and took another sometime in early March who were excluded will still fail the key date test needed to qualify. They are not the 200,000 people the Treasury press release referred to.

No-one - and I mean no-one outside the Treasury - understood the rules worked in this way until the announcement on 15 April.

Voluntary
The scheme is open to all private sector employers whose business has been damaged by the Coronavirus epidemic. However, employers are under no obligation to take part. So an employer can make you redundant or dismiss you for other reasons. In the first two years of employment you generally have no employment rights and can be dismissed without a reason. Some people such as pregnant women and disabled people may have some rights even in the first two years and some forms of discrimination are unlawful at all times.

Any employer can use the scheme - they do not have to prove adverse effects due to Coronavirus though they are supposed to have experienced them. It is a voluntary scheme and employers are under no obligation to take advantage of it.

Go home
If an employer takes part in the Scheme they can send some or all of their employees home - it's called 'furlough' - and not dismiss them. The employer will get a grant from HMRC that will cover
  • 80% of regular pay - the maximum grant for this is £2500 a month which is equivalent to regular pay of £37,500 a year.
PLUS
  • Employer's National Insurance contributions due on that reduced pay.
PLUS
  • Pension contributions equal to the amount due under auto-enrolment on the reduced pay, which is 3% of 'qualifying' pay ie pay between £6240 (£120 a week) and £50,000 (£962 a week).
The employer will make the payments to the employee through the payroll system. It has to be paid after the grant is received - if it has not been paid before that. HMRC tells me "You must pay the full amount you are claiming to your employee, even if your company is in administration. If you’re not able to do that, you’ll need to repay the money back to HMRC".

Income tax and National Insurance contributions will be deducted as normal from the reduced amounts. Student loan contributions will be calculated on the reduced pay and and if that is above the threshold deducted as normal.

Employers are free to pay more than 80% of wages and more than the 3% pension contribution. But the grant they get will not be increased.

The pay that is counted for the 80% calculation is that earned in the month ended 28 February 2020 (yes, I know February had 29 days this year but HMRC seems to ignore that and could not explain why 28 February was picked).

For more details see Guidance for employers and search 'pay varies'. 

If pay varies employers should use the higher of
  • earnings in February 2019
OR
  • average monthly earnings for 2019/20 tax year 
If an employee started in February 2020 employers should pro rata the pay up to the full month.

Employers should use your pay in the month ending 28 February to calculate the 80%. They cannot deduct anything from the payment. So employers cannot cut your current pay and then use that amount to work out the 80%. If you have a complaint about the way your employer is dealing with your pay raise it with them and then go to ACAS.

The dedicated online portal for applications by employers opened on 20 April. Claims should be paid within four to six days.

Firms cannot furlough people for less than three weeks or more than three months. They can time the claim to HMRC to fit in with their normal pay cycle.

Your employer must give you notice in writing of  the plan to furlough you. You can refuse but there is nothing to stop your employer then making you redundant.

Your employer may recall you from furlough to normal work in accordance with the letter you were sent when you put on furlough. When an employee returns to work, they must be taken off furlough and any overpayment of the grant must be repaid to HMRC. If you employer recalls you before you have been on furlough for at least three weeks in that particular block of furlough, they will have to repay the grant for the whole block. Otherwise they will just have to repay it for the days you are recalled. If your employer says your pay will be cut when you return to work, you do not have to accept that. But of course that may mean you are made redundant.

If you are asked to return to work and you do not think it is safe to do so then Section 44 of the Employment Rights Act 1996 provides employees with the means to contest the adequacy and/or suitability of safety arrangements without fear of recriminations such as being sacked or facing a loss of pay.


FIDDLY BITS
Nannies
Individuals who employ others such as a nanny or a gardener can furlough them if they pay them through PAYE and they were on payroll on or before 28 February 2020.

Other work
Employees on furlough cannot do any work at home for their employer nor be asked to go to work to do so, though there is some evidence that employers are asking workers to do that. If so they face prosecution and loss of the grant. But furloughed workers can work for another employer if they want to as long as their employment contract does not prohibit that.

Self-employed too
Someone who is self-employed and employed in a job as well can be furloughed from their job and, if they qualify, claim from the Self-employment Income Support Scheme too.

Minimum wage
If 80% of regular pay is less than the national living or minimum wage for the hours the employee used to work there is no obligation on the employer to top it up. However, if the person is an apprentice and they continue to train they must be paid at least the minimum wage appropriate to them.

Statutory Sick Pay
Someone off sick or self-isolating for a quarantine period should claim Statutory Sick Pay from their employer which is £95.85 a week from 6 April. They can be furloughed when that sickness or self-isolation has finished or during it, though they cannot get SSP and furlough pay. Employees shielding for longer periods can be put on furlough or claim SSP. 

Carers
Someone caring for someone else including their children due to the coronavirus can be furloughed.

Tax credits
The income paid on furlough counts as earned income from gainful employment and anyone in receipt of tax credits should see the credits increase as their income is reduced.

Universal Credit
If someone is in receipt of Universal Credit or claims it the income paid on furlough counts as earned income in the assessment of the benefit. As that will be lower than their pay their UC will normally go up.

Holiday
Entitlement to leave continues to accrue during furlough. If an employee - with employer's agreement - takes holiday during furlough then they must be paid at 100% of their pay not 80% for that holiday period. In other words the employer must top up the wages to 100% and pay the employer's NICs and pension on that extra. Employers also have the right to tell employees to take some of their annual leave while they are on furlough. They must pay them in full for those days and must give them twice as much notice as the holiday period. So for one week's leave they must give two weeks' notice. And of course cannot treat past days on furlough as holiday.  The Government has published a new guide to holidays and holiday pay. The latest version of the HMRC guide to the CJRS says it is keeping "the policy on holiday pay during furlough under review."

Timing
Someone who was laid off or made redundant on 28 February or later and was in the RTI declaration by 19 March can be taken back on by their old employer and if they do that then the grant can claimed back to the date the individual was laid off - but not before 1 March. Employers are under no obligation to do that. Someone laid off or put on unpaid leave before 28 February and not in the 19 March RTI declaration cannot be taken back and put on furlough. Because these rules have now been complexified employers and employees are advised to check exactly how they apply.

Delay
Some employers are telling workers that they will put them on furlough but they will not pay them until the HMRC grant comes through. There appears to be nothing to ban this practice.

What is pay?
Only regular pay counts. Initially HMRC said that did not include bonuses, commission, or extra fees. However, the latest guidance says that  it is any pay an employer 'is obliged to pay' and that includes wages, overtime that has already been done, fees and compulsory commission payments. However, discretionary payments such as bonuses, tips, and commission should NOT be included. This clarification is very vague. And it seems likely that many commission payments and tips will be excluded. HMRC has confirmed that includes all tips paid to waiters and others in the catering industry whether those tips are paid through a 'tronc' or not. See LEFT OUT below. Some supply teachers are paid minimum wage and then their daily fee is topped up by a 'bonus' to the school's day rate. If that is a contractual entitlement then it is part of their pay. If it is not then it is not part of their pay which will be just minimum wage or whatever their regular pay is. Lawyers say it will normally be part of contractual pay even if the contract is not explicit.

Umbrella companies
Someone who is paid a fee per day by an umbrella company normally has 12.07% added to it to represent holiday for for leave they are due but cannot take. It is still not known if the 80% of pay is calculated on the daily fee with or without this holiday pay. Bizarrely guidance on this point is due from the Department for Business, Energy and Industrial Strategy (BEIS). My understanding having spoken to HMRC is that if an umbrella company claims for the amount including holiday pay that will be accepted and if it turns out to be wrong then the next payment will be adjusted. 

Maternity
The pay of employees returning from maternity or similar leave after 28 February 2020 should be calculated on their normal salary not the pay they were receiving while on statutory leave.

Salary Sacrifice
Employees who have sacrificed salary to gain from employee benefits including pensions can now reverse that reduction in salary.  That will require cooperation from the employer and may not be done quickly enough to affect initial furloughed pay. 

Appeals
If your employer says you cannot be furloughed under the HMRC rules but you disagree there will not be any appeal process. HMRC stresses that this is a voluntary scheme which no employer has to take part in so employers can make their own decisions and there will be no way to challenge them.

HMRC has confirmed there is no appeal process for eligibility for CJRS. So employers cannot appeal if the grant is less than they expect or applies to fewer employees than they expect. They can only complain under general complaint procedures about the service they have received from HMRC.

Directors
People who work for themselves and have formed a company to do that can claim under this scheme. They furlough themselves in their capacity as an employee or office holder of their company and the company can then claim a grant to cover 80% of the regular salary that they have paid themselves via PAYE, up to the cap of £2,500 a month. Those who pay themselves the typical minimum of around £8400 a year will get 80% of that or around £560 a month.

However, HMRC has confirmed to me again that if the Director was paid this amount once a year in March and that date in 2019/20 was after 19 March 2020 then it will be too late to be counted and they will not be able to claim.

If they get a year's money in a month - typically £8000 or so it will also mean they cannot claim Universal Credit for that month at least. However, it is worth applying as there may be some wriggle room. 

Directors who have paid themselves partly in dividends from the company will not get 80% of dividends as they do not count as pay. They will just get 80% of their regular pay through PAYE. There is a campaign to get this changed and dividends counted. See #forgottenfreelancers and #forgottenltd on Twitter. There is no indication that the Government is considering any change.

As a furloughed employee they cannot do any work relating to the company and that could even include tweeting from an official account or on behalf of the company. They cannot make phone calls or discuss the firm or its business.

In their role as a director they can perform their statutory duties but only those - for example, relating to filing documents to Companies House at the correct time and any reasonable work involved in doing so.

The rules about procedure for directors are very specific and anyone affected should check the latest official guidance.


These rules about directors apply equally to those who work through a Personal Services Company.

Contingent workers
There are special rules for what the government calls 'contingent workers' in the public sector. They are people on short term contracts. It applies to three groups:
  • those on PAYE,
  • those who work through an umbrella company,
  • those who work through their own personal services company.
If they can do their job from home they should do so. If they cannot work and are off due to any of the effects of coronavirus they should have 80% of their regular pay up to a monthly limit of £2500. If this affects you read the official guidance and talk to the public sector body you do work for. It applies to all central government departments, executive agencies and non-departmental public bodies. Other public sector contractor are "encouraged to apply" the same rules.


KNOWN UNKNOWNS
I am checking these known unknowns with HMRC.

Hairdressers: Many hairdressers are self-employed but are paid by the salon through payroll although they are paid gross without deductions. I am - still - enquiring about this group.

Holiday pay: It is still not clear how pay is calculated for someone whose income was reduced because they are on holiday. Further guidance is promised

LEFT OUT
Between jobs
The big group left out of this scheme are people who are between jobs. Someone who left one job before the end of February and has now been told that a new job is no longer available cannot turn to their old employer for help. Nor can they turn to their new employer for help. Even if they are taken on by the new employer it cannot put them on furlough. Every month 260,000 people move jobs. The change in qualifying date is unlikely to help this group. But remember that the date of '28 February' should now be read as 'included in the employer's RTI submission by no later than 19 March 2020'. There is not expected to be any further change to help this group.

If you were on payroll on 28 February - included in that key RTI submission - and subsequently left for another job which has now fallen through you can be taken back by your old employer and put on furlough. But that depends on your old employer agreeing to do so. If you were not on payroll on 28 February and in that key RTI submission that does not apply. There is a campaign to get help for this group -- see #newstarterfurlough on Twitter but now the final rules have been published it is highly unlikely there will be any change.

Commission
Another major group who are included but getting far less than 80% of what they are actually paid are those whose basic pay is very low but make the bulk of their regular income from commission on sales. One example I have been sent is a basic salary of £16,500 but potential commission of 50% to nearly 100% of that. So they will get £1100 a month on furlough instead of the £1650 to £2000 a month which would reflect 80% of their actual earnings. People who sell cars for dealerships will also be very hard hit by this - their basic pay of around £14,000 may normally be around £40,000 but no allowance will be given for that.


Voluntary
Employers do not have to avail themselves of the scheme. A firm can just make all its staff redundant or some of them rather than furloughing them. This a major loophole which will leave tens of thousands of workers unprotected. And the more complicated the rules are - and they are now very complicated - the more employers may just decide not to bother. 

THIS BLOG REFLECTS THE RULES AS I UNDERSTAND THEM AT THE DATE AND TIME BELOW. IT DOES NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED ON TO MAKE DECISIONS THAT WILL AFFECT YOU FINANCIALLY. Check the official guidance and rules linked to at the top.

Version 2.56
14 May 2020

Monday, 30 March 2020

SELF-EMPLOYED CORONAVIRUS SCHEME


THIS BLOG WILL BE UPDATED AS I GET NEW INFORMATION.

UPDATED 0500 on 23 May 2020 - version 2.61. It includes the formal Treasury Rules, the application process for the Scottish scheme, and new figures on excluded people. It also includes guidance on what 'adversely affected' means - and why you do not need to show hardship.

Applying
By now if HMRC thinks you are entitled you should have received a letter inviting you to claim and explaining how. 

If you have not heard and think you are entitled try the online checker . If it says 'no' then
  1. read this guide carefully to see why that might be (the checker does not give the reason why you failed, just a list of possibles).
  2. Try again making sure you enter your 10 digit Unique Tax Reference and your National Insurance number carefully - it is very fussy.
  3. If still 'no' ask for a review. 
  4. If that comes back 'no' it will give a reason. The one most people fail on is the 50% rule - explained below.
  5. If you still think you are entitled, return to this blog for more advice as we do not know yet what the next step might be. But the indication is there will be no simple right to appeal further.

Reluctant to claim?
Some people who would be entitled are saying they are reluctant to pursue their claim. They are put off by a question in the application process which asks them to confirm that their self-employment business has been 'adversely affected' by the coronavirus crisis. They are unclear what that phrase means and are afraid HMRC may challenge their view of what is 'adversely affected'.

HMRC gave me these examples of what would constitute being 'adversely affected'

You’re unable to work because you’re:  
·         shielding 
·         self-isolating 
·         on sick leave because of coronavirus 
·         have caring responsibilities because of coronavirus
You’ve had to scale down or temporarily stop trading because:  
·         your supply chain has been interrupted 
·         you have fewer or no customers or clients 
·         your staff are unable to come in to work 


It also said that people claiming the SEISS grant should keep records of how the business has been adversely affected. That could include 
  • business accounts showing a reduction in turnover 
  • dates your business had to close due to lockdown restrictions
  • dates you or your staff were unable to work due to coronavirus symptoms, shielding or caring responsibilities due to school closures. 
HMRC would give no guidance on how much 'reduction in turnover' would be enough to claim. It seems to be up to you to say how much would amount to 'adversely affected'. In my opinion that would be any reduction in your business turnover or profit. Or even no change if you had to work harder to achieve it.

One other point. As far as the law is concerned it does not matter if you need the money or not - though clearly most people who claim will need it badly. The law set out in this Treasury Direction makes no mention of needing the money. Apart from the two tests built into the scheme, there is no means-test of your income and none at all of your capital. The income or capital of your spouse or partner is not assessed. So if you have money in the bank or your spouse is still working full time that is neither here nor there as far as the law for claiming the SEISS is concerned.

My advice is to claim if you are entitled. Clearly if business is booming under coronavirus then don't claim. But if you turnover or profits have been reduced in any way by any amount or you're having to work harder to stand still because of coronavirus there is no reason I can see for you not to claim. The money is there to help your business over that difficult patch. If you can argue your business has been adversely affected you have a right to this money. 

The Scheme
The Government scheme to help self-employed people will leave out millions of those who have income from self-employment. Even Her Majesty's Revenue & Customs admits only 66% will be helped. It will not be 95% of self-employed people as Ministers and others have said. The Government admits two million will be left out - we now know it could be double that.

If you live in Scotland you may get a £2000 grant if you are excluded from the UK scheme because you began your self-employment in 2019/20. The grant is accessed through your local authority. However, you will not get it if you have already claimed Universal Credit. See EXCLUDED Scotland below.

Tweet or DM me @paullewismoney with corrections and questions. I may not be able to answer them all personally.

Numbers
The Office for National Statistics says at the end of 2019 there were a shade over five million self-employed people. But the Government says 5.75 million are registered with HMRC as self-employed. It has said its  Self-employment Income Support Scheme announced on 26 March 2020 will help 3.8 million of them.

HMRC has told me that two groups are excluded because
  • Less than half their income came from self-employment. It says that is 30% of the 5.75 million or about 1.75 million people OR
  • Their profits from self-employment were £50,000 or more. It says that is 4% of the total or around 230,000 people. 
Those two groups reduce the 5.75 million registered to about 3.8 million - the number it says will be helped (though by 4 May it was saying 'around 3.5 million'.)

Those Government figures fail to count four excluded groups.
  • People who began their self-employment in the tax year 2019/20 that is since 6 April last year. New figures from the Office for National Statistics show there were 150,000 in the first nine months of 2019/20 which would gross up to around 200,000 in the whole year. However, ONS has told me that is 'a lower bound' and that "Over the past five years, the proportion who have been continually self-employed for less than 12 months is around 10%. Over the last five years it is between 450,000 and 500,000."
  • People who began their self-employment in 2018/19 but did not register because the business was too small or they forgot. A new self-employment should be registered by 5 October in the tax year after it begins. We do not know how many register each year because HMRC does not produce the statistics. 
  • People who consider themselves self-employed but trade through a limited company of which they are a director. The Institute for Directors estimates there are 800,000 limited companies with between 0 and 9 staff. Another estimate is that half a million people trade through a personal service company. These new ONS figures show that of those saying they are self-employed 715,000 are a sole director of a limited business and 935,000 say they are running a business. The two groups overlap so should not be added together. 
  • Those who earn very little and did not register - though they should have done if their turnover exceeded the level of the trading allowance which is £1000.
The Scheme
The Self-employment Income Support Scheme gives self-employed people who qualify 80% of their average annual profits divided by twelve to give a monthly amount and the multiplied by three to give a three monthly amount. That will be paid in one lump sum in early June 2020. There is an upper limit of £2500 a month or £7500 over the three months. That upper limit will apply to people with average annual self-employed profits of £37,500 to £50,000. Others can work out their payment by dividing their annual profits by five. The lump sum will form part of their income in 2020/21 and be subject to income tax and National Insurance. It will count as income when working out entitlement to tax credits. Ferret Information Systems have produced this helpful calculator

And the formal Treasury rules were published on 30 April and the official guidance was updated on 13 May. The rules have changed the conditions slightly. 'Less than £50,000' has become '£50,000 or less' and 'more than half' has become 'at least 50%'.

To be eligible you must pass seven tests.

1.  You must have filled in a self-assessment tax return in the year 2018/19 and submitted it by the extended date of 23 April 2020. 

2. In that tax return you must have filled in the self-employment or partnership pages. Property pages filled in by landlords and others are not part of the scheme.

3. You must have traded in 2019/20 and still be trading when you apply or would be but for COVID-19 and you must intend to continue to trade in 2020/21. Neither of those years will count towards the amount of grant you get. 

4. Your business must have been adversely affected by the Coronavirus outbreak. That includes restrictions on yourself due to health or other reasons. 

5. Your annual profits must be £50,000 or less. That is defined as taxable profits after expenses and capital allowances but before pension contributions or charitable donations.

You can fulfil the profits condition in two ways –

a) Your profits in 2018/19 were £50,000 or less
OR
b) Your average annual profits over the three tax years 2016/17, 2017/18, and 2018/19 were less than £50,000. If you were not self-employed in 2016/17 then the average is taken over two years. It cannot be taken over 2016/17 and 2018/19. 

6. At least 50% of your income in a tax year must come from self-employment.
You can fulfil this condition in two ways –
a) At least 50% of your income in 2018/19 was from self-employment
OR
b) Your average income from self-employment formed at least 50% of your income over the last three tax years 2016/17, 2017/18, and 2018/19. If you were not self-employed in 2016/17 then the average is taken over two years. It cannot be taken over 2016/17 and 2018/19. 

Income is all taxable income other than that from self-employment. It includes wages, income from property, private and state pensions, any taxable social security benefits, interest on savings, returns on investments, any other taxable income. If you consider yourself self-employed but do short stints on contracts paid through PAYE the gorss amount counts as employed income not self-employed profits and will work against you passing the 50% rule. Guidance on how HMRC works out profits and other income was updated on 7 May. All the amounts used for the calculation are taken from the Self Assessment form. The calculation uses different years for those subject to the Loan Charge.

7. You apply for the scheme and are accepted.

HMRC holds most of the data it needs and from 13 May has been writing, emailing, or texting people it thinks qualify to invite them to apply. They then have to check their entitlement on the HMRC checker and if the answer is 'entitled' they will be told when and how to apply. Never click on links in response to an email or text even if it appears genuine. It is safer to go to the HMRC checker direct.

If successful the money will be paid direct into the nominated bank account by 25 May. If the checker says you are not entitled it will not say why. There is a procedure to challenge the checker but the response which will come later in the month is more likely to be an explanation of why you have failed rather than a change in the decision. 

It is very important to put the correct and up to date information into the form. It needs your 10 digit Unique Tax Reference (UTR) and your National Insurance Number both of which are on HMRC letters to you about self-assessment. . If you make a mistake it will say 'no'. However you can try again - without limit - to get it right. Before 13 May it did not have all the data uploaded so it gave some false 'no's. If that happened to you then try again now.

If you are accepted you are not restricted from pursuing your business. Unlike the similar scheme for furloughing employees you can get the money and work at your self-employment or indeed in a separate job as long as you fulfil rule 3 above.

If you qualify for this scheme and also have a separate job as an employee you can claim from the self-employment scheme and be furloughed by your employer in the job. See my updated blogpost on the Coronavirus Job Retention Scheme.

There is no upper age limit.

Beware thieves contacting you by text, phone, or email offering you money from HMRC. Do not click on any link or speak to anyone. Hang up or delete


Universal Credit
The Government says if you cannot wait three months for the money then you should claim Universal Credit - if you are under state pension age - to fill the gap. Not everyone can do that and it will take a lot of persistence as hundreds of thousands of people are trying to get it. Find out how to claim on the Government website. Before you do that you can check your entitlement to means-tested benefits including Universal Credit at Turn2Us. Savings over £6000 will reduce UC and savings over £16,000 exclude you. A couple has their income and savings counted jointly. People over state pension age - almost 66 at the moment - should claim pension credit which is almost double the rates for Universal Credit.

If you do successfully claim Universal Credit it will give you an income until the payment is made. However, UC does not start for five weeks after you are awarded it. So you will have to claim an advance payment. Despite its name that is just a loan which will be repaid by deductions from your future Universal Credit, normally over the next twelve months.

WARNING: If you already get tax credits it is probably best not to claim Universal Credit as it may well be worth less and you cannot then go back to tax credits. That is true even if you do not qualify for Universal Credit. Seek advice - Citizens Advice is probably the best place to start.

When you get your self-employment payment that will affect your Universal Credit. The Government has now confirmed the payment in late May will be treated as earned income in that assessment period. That will be taken into account when your next Universal Credit payment is made and will probably wipe it out. It will not affect earlier payments so you will not have to repay any Universal Credit you have had, except of course the advance payment if there is still an amount outstanding. The next month you will have to reclaim UC, which is easy and does not normally involve a five week wait. If your late May payment is very big - well over £2500 - it may reduce the payments you get or even prevent a claim.

WARNING: In Scotland if you have claimed Universal Credit - even if you have not received a payment yet - you are excluded from the Scottish Newly Self-Employed Hardship Fund. 

EXCLUDED
Newly self-employed
Those who began self-employment in 2019/20 are contacting me in large numbers. They feel the hardest done by as they get nothing despite being perhaps 11 months into self-employment but with dreams shattered by the epidemic. At least one petition has been launched to challenge this rule.

HMRC have made it completely clear to me again that there are no exceptions to this rule: to qualify for the scheme an individual must have completed the 2018/19 tax return in time (which is no later than 23 April 2020). So those who began self-employment from 6 April 2019 are excluded.  

New figures given to me by Office for National Statistics show there were 150,000 people who are still self-employed at the end of 2019 who began self-employment in the first nine months of 2019/20. That implies over the whole tax year to day about 200,000 excluded people. However, ONS has told me that is 'a lower bound' and that "Over the past five years, the proportion who have been continually self-employed for less than 12 months is around 10%. Over the last five years it is between 450,000 and 500,000."

Scotland
If you live in Scotland you may get a £2000 grant if you are excluded from the UK scheme because you began your self-employment in 2019/20. The grant is accessed through your local authority. Payment is promised within ten days. You must fulfil the other conditions for UK help with more than 50% (not at least half) of your income in 2019/20 coming from self-employment and your trading profits in 2019/20 must be below £50,000 (not £50,000 or less). 

However, you will be excluded from this scheme too if you have claimed Universal Credit, even if you have not received a payment yet. You will also be excluded if you receive Statutory Sick Pay, Employment and Support Allowance, Job Seekers’ Allowance, or Income Support. See the Scottish rules.

The £35m budget indicates that just 17,500 people are expected to qualify.

Not a hobby
The massive group of 1.75 million 'part-time' self employed are also being excluded unless more than half their income comes from self-employment. There are many who consider themselves self-employed but have to take paid employment to make ends meets and pay their rent and feed themselves and their family while their business grows. These are not pursuing a hobby on the side but developing their business which may later become successful. They are being excluded if they fail this 'over 50%' test now.

The 50% rule is turning out to be the main reason people unexpectedly fail to get a grant. It is hitting pensioners particularly hard as both private and state pensions count as 'other income' and if the total is more than the self-employed profits no grant is paid.

The rule also treats very badly people who moved from employment to self employment in 2018/2019 and did fill in a tax return. They can fail the 50% test if their time as an employee earned them more than their later time as self-employed. In some cases they could have been working as self employed for well over a year. But they are excluded. In 2018/19 a total of 750,000 people moved from employment to self-employment. If they earned less from their new self-employment than their previous employment in that tax year they are excluded. We also know now that 431,000 people who are self-employed now began to be so in 2018/19. The later in the year they began the more likely they will be caught by the 50% rule.

HMRC has confirmed that there is no provision to gross up the profits earned over a few months to give a yearly amount. If someone worked part of the year as self-employed it is the actual profits over the period of self-employment that is counted for all the rules.

Women on maternity leave
Maternity allowance is not counted 'other income' but there is no provision to ignore the time when you are not earning from self-employment though you are treated as 'still trading'. So a self-employed woman can find that she gets far less because the same three year average of her profits is used even if she was not earning for a large chunk of that period due to maternity leave. By contrast an employee on maternity (or other statutory leave) has their pay counted as if they were not on maternity leave for the Coronavirus Job Retention Scheme. 

Profit ceiling
People whose profits are above £50,000 are excluded even though they may be as much in need as those who make £49,999. The Treasury said it has to have a limit to make it affordable. However, if people with profits above £50,000 were included they would be caught by the upper limit and limited to a payment of £7500. HMRC estimates there are 230,000 of them so the extra cost would be £1.72 billion on top of the £9 billion the Chancellor says the scheme will cost. However between 40% and 47% of the cost would be recouped through tax and National Insurance.

Given the 'whatever it takes' approach to the crisis the net cost of no more than £1 billion is not prohibitive. The Government is more likely concerned about how it would look to give a £7500 handout to the already very profitable self-employed such as some TV presenters and some barristers. Hence the Chancellor's statement that the average pay of these people is £250,000. True but misleading. Many will be caught by this rule who are not much above the average pay in London.

The similar scheme for employees placed on furlough has the same maximum payment of £2500 a month for three months but there is no income ceiling. Someone on annual pay of £250,000 could be furloughed and get £2500 a month to do nothing.

People who have used the profits of their business to invest in the future and have high expenses and capital allowances will have what they may see as artificially low profits and get little from the scheme. On the other hand some with very high profits who have also invested heavily in their business will be in scope of it because those investments will reduce their taxable profits. 

Directors
At the end of 2019 a new ONS report says that 715,000 people who consider themselves self-employed traded as the sole director of a limited company. Many of them pay themselves a small salary out of the profits and take the rest as dividends. That has - or had - significant tax advantages. They could pay a lot less tax than if they paid themselves all the profits as salary. Many do not choose to work in this way -- it is forced onto them by the firms that engage them. This group is specifically excluded from the Self Employed Income Support Scheme. Instead the Government has suggested they claim under the furlough scheme for employees. 

It is possible for sole directors to furlough themselves and fulfil their statutory duties as directors. That means directors of limited companies can furlough themselves in their capacity as employees or office holders of their company, and claim a grant under the Coronavirus Job Retention Scheme to cover 80% of the regular salary that they have paid themselves via PAYE, up to a cap of £2,500 a month. However, those sole directors who have paid themselves mainly in dividends will get very little - just 80% of their regular pay. Dividends do not count as pay. Many will not qualify for the CJRS because pay themselves wages once a year and if that is at the end of March they will be excluded from it by the cut off date of 19 March on payroll.

For companies with a sole director, their statutory and administrative responsibilities under company law should not impinge on their ability to furlough themselves as employees for the purposes of this scheme, as long as they do no work beyond this.


THIS BLOG REFLECTS THE RULES AS I UNDERSTAND THEM AT THE DATE AND TIME INDICATED. IT DOES NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED ON TO MAKE DECISIONS THAT WILL AFFECT YOU FINANCIALLY.

Paul Lewis

23 May 2020
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