Thursday, 19 November 2020

Capital gains tax should be fairer and simpler

 

Charging CGT at income tax rates is not that controversial — it’s been done before

“Taxes should be simpler and fairer” is the common mantra of better off people and tax commentators.

Even accountants who make their living wrestling into submission some of the more arcane rules of HM Revenue & Customs tell us the UK tax code is the longest in the world and should be simplified. This is usually when opposing yet another attempt to close a loophole they sell to their clients.

So I was shocked to read the numerous objections to the latest report by the Office for Tax Simplification which proposed making capital gains tax (CGT) simpler and fairer. It proposes:

  • Chucking out the separate rates of tax for gains and income.
  • Slashing the annual £12,300 gains allowance to as low as £2,000.
  • Scrapping highly complex reliefs intended to encourage entrepreneurs, but which do not do that.
  • Taxing equally the products of our labour whether we are paid in wages, dividends, or share options (adding the word “options” allows tax to be avoided). 

What could be fairer? Or simpler?

No, no, no, said one credulity-stretching comment to the OTS. “Without a lower rate of tax on its eventual sale [I] would not have worked nearly so hard to expand the business.” Really? You work to pay less tax on money you have not even made yet?

Perhaps the key to all the objections is this sentence in the review: “If gains were taxed at income tax rates some taxpayers could face a substantial increase in their overall tax liability,” the OTS said, citing HMRC estimates that aligning rates of CGT and income tax could raise £14bn. Objectors seem to think that simplicity and fairness is fine as long as it doesn’t mean more tax is paid by the well off.

And the people who pay CGT are well off. If you inherit a home and keep it for a few years and then sell it the CGT will be modest, only being calculated on the difference between its value at inheritance and price at sale (CGT death uplift prevents it being valued when the deceased acquired it, though the OTS also recommends scrapping this uplift). But you are better off than most because you have a second home and when it is sold you have the value of it.

In fact, charging CGT at income tax rates is not that controversial. At the end of its report, the OTS notes that for the 20 years to 2007-08, that is how it was charged. Nigel Lawson, the Conservative chancellor, believed there was “little economic difference between income and capital gains” so they should be treated along similar lines.

He echoed the principle of Labour’s James Callaghan, who introduced CGT in 1965 and told Parliament: “Gains confer much the same kind of benefit on the recipient as taxed earnings . . . the present immunity from tax of capital gains has given a powerful incentive to the skilful manipulator.”

The OTS report has many examples of the way skilful manipulators have got to work to minimise the effect of CGT on share and business owners. Two examples in the report (cases 8 and 9) show the advantage for self-employed people to set up a company, pay themselves largely in dividends, store excess money in the business, and then liquidate the company and claim business asset disposal relief to slash the tax on the gain to 10 per cent. Thus director Rose pays £108,817 less tax over five years than self-employed Geoff doing the same job for the same income. Rules that distort behaviour to pay less tax are found throughout the review. But the OTS loses its nerve when it comes to scrapping them.

Stupid Geoff, you might say. No. Stupid tax system that includes rules which the OTS says “distort behaviour, pushing taxpayers towards incorporation”. In the last tax year, this business asset disposal relief gave £58,700 each to 46,000 people at a cost of £2.7bn — even though OTS says it does not “stimulate investment and risk-taking by business owners”.

Rules that distort behaviour to pay less tax are found throughout the review. But the OTS loses its nerve when it comes to scrapping them. It tries to find fairness by tinkering with the dog’s breakfast rather than starting again with the basic tin of Chum, in the form of the principles of Callaghan and Lawson. It should ignore the special pleading of the better off that “it’s not fair”.

Fairness is being fair to all taxpayers, not just the few who pay CGT. A truly fair and simple system would tax a capital gain like income in the year it is received. Just as a bonus at work or a pension withdrawal is added to income and taxed that year, so should a capital gain.

The right level for the annual exemption is not a de minimis £2,500 but zero. Scrap relief for enterprise investment schemes, social investment relief, venture capital trusts shares, investor relief, rollover relief, death uplift, holdover relief and losses relief. Get rid of anything that gives scope for well-paid advisers to help wealthy people game the system.

Tax the 265,000 people lucky enough to have taxable capital gains (which would rise to 1m after the changes) at the same rates as the 32m who pay income tax, with no choice and before they even see it. And prevent the manipulators by applying the change from Budget Day afternoon.

Simpler and fairer. Who could possibly object?

This piece first appeared in the Financial Times 19 November 2020.

Monday, 21 September 2020

NOT SO PREMIUM BONDS

Premium Bonds give a poorer return from the December 2020 draw. So are they still a good place for your savings?


Premium bonds are good if you fulfil three conditions
  • You can buy the maximum £50,000 or close to it. 
  • You pay higher or additional rate income tax. 
  • You have used up your personal savings allowance with interest on other savings outside ISAs.
The further you are from those conditions the worse they are.

How do they work?
Each month the 95 billion £1 bonds earn interest which is 1% from the December 2020 draw. Each month the interest - which from December NS&I says will be £82 million - is put into a prize fund. That total is then shared at random among the bondholders as prizes. From December each bond has a 1 in 34,500 chance of winning a prize in each monthly draw. Prizes are paid tax-free so the return is better for higher rate (40%) or additional rate (45%) taxpayers.

The fund is divided so that 98% of the prizes are for £25 which uses up 85% of the money. From December about 2.8 million £25 prizes will be paid. Just over 25,000 prizes each of £50 and £100 will also be paid. Those three prizes use 90% of the prize money and accounted for 99.8% of the prizes. 

Go for the max
Although the stated interest rate is 1%, when considering the actual interest earned in any realistic timeframe it is only the £25 prizes that should be counted. That means the effective interest rate - the money used for the prizes you might win - is 0.85% from December. 

With the maximum £50,000 bonds you will now expect a £25 prize every month at least - 17 over a year. Of course chance will not produce an even return. But over time that should be the average. That is equivalent to earning 1.06% taxable interest for a basic rate taxpayer, 1.42% for a higher rate taxpayer and 1.55% for a taxpayer with an income over £150,000 who pays 45% income tax. 

Those are not bad rates for an instant access account. Money in Premium Bonds can be taken out without notice at any time, though it may take a few days to get your money back.

You would expect a £50 or £100 prize very 6 and a bit years, a £500 prize every 33 years and £1000 ever 100 years. Above that prizes range from £5000 to £1 million. Although winning a million is a nice thought, forget it. You won’t ever win that prize. Even with the maximum £50,000 bonds you would have only an even chance of winning a million after 82,000 years. That was when when humans were still having sex with Neanderthals and 40,000 years before we started painting in caves. The odds of winning the second prizes of £100,000 are just half those for the million pound prizes. If you bought £50,000 of premium bonds to celebrate your first cave painting you might by now have won one prize of £100,000. 

Even the smaller large prizes are very sparse. If you had bought £50,000 premium bonds to celebrate the death of the Roman Emperor Caligula in 37 AD you would have expected just one £5000 prize by now. You will wait another 1975 years for the next.

Fewer bonds 
With smaller amounts of bonds, prizes of course are much rarer. £100 gives you an even chance of winning a £25 prize every 29 years. The new minimum of £25 would mean a wait of 115 years to have an even chance of one prize and 200,000 years to win a £1000 prize. 

With one bond bought when when Stonehenge was built you might have expected one prize of £25 by now at the current rates, and only have a few hundred years to wait for the second. Earth has barely been around long enough to have an even chance of getting the £1,000,000 prize which happens ever 4 billion years with one bond. 

Good for the much better off
The interest on all savings is tax free up to £1000 for basic rate taxpayers and £500 for higher rate taxpayers. So the tax-free prizes are of most value to those who have other savings which have used up those savings allowances. For higher rate taxpayers that probably means £50,000 in top savings products as well as any cash in ISAs. For basic rate taxpayers it means at least £100,000 in best buy svings accounts. Additional rate taxpayers do not get the personal savings allowance. So premium bonds are very good for them. More than half the bonds are held by people who have at least 30,000 of them and 650,000 individuals own the maximum £50,000.

Randomness
ERNIE (Electronic Random Number Indicator Equipment) who draws the winning bonds each month is not a computer. However hard they try computers cannot produce genuine truly random numbers. So ERNIE uses a process which was invented by a Bletchley Park codebreaker - called transistor thermal noise - to create truly random events which are then counted and combined in turn into bond numbers. Every month the Government Actuary checks the prize list for randomness before the prizes are paid.

Because every bond really does have an equal chance of of winning there is no point in cashing in 'unlucky' bonds and buying new ones. Doing that also means there is a month between selling and buying when the bonds are not in the draw. So it worsens the odds of winning.

Buying
You can buy Premium Bonds online at www.nsandi.com where you can also check for prizes and trace lost bonds. You can also buy them by phone or post. You must be at least 16 years old. Parents, realtives, and friends can buy them for children under 16.

From March 2021 all prizes must be paid direct into a bank account. At the moment about a quarter are paid in the post with a warrant - effectively a cheque on the Government. NS&I says there will be provision made for people without a bank account to receive the money or a mobile phone or email to be informed they have won. Details are awaited.Meanwhile those with bank accounts can register the details at nsandi.com/prize-options
 

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Wednesday, 29 July 2020

FREE TV LICENCES

MORE THAN A MILLION OVER 75s MUST ACT NOW TO KEEP THEIR FREE TV LICENCE

From 1 August 2020 the BBC has decided to restrict free TV licences to people aged 75 or more who also get a means-tested benefit called Pension Credit. 

Before the change around 4.6 million people over the age of 75 got a free TV licence. From 1 August the number getting one could be as low as 500,000. Another 1 million and more could get a free TV licence but only if they take action now. 
  • 450,000 people over 75 who also get Pension Credit have registered with TV Licensing. They will continue to get a free TV licence. The green slice of the pie
  • 472,000 people aged over 75 are on pension credit but have not registered with TV Licensing. They will not get a free TV licence after 1 August if they do not register. The yellow slice of the pie. They need to register with TV Licensing online or call 0800 232 1382 - at the moment that line is pretty rubbish. 
  • Up to 650,000 over 75s could get Pension Credit but have not claimed it. If they successfully claim Pension Credit they can contact TV Licensing and their free licence will be restored and backdated. If they do not successfully claim Pension Credit they will have to pay for their TV licence. The amber slice of the pie
  • All free licences expire on 31 July 2020. Anyone who does not get Pension Credit will have to pay from 1 August 2020. There will be more than three million people over 75 who cannot get a free TV licence whatever they do. The red slice of the pie.



In August TV Licensing will write to everyone who gets a free TV licence except those who have already registered as on Pension Credit. No one need do anything until that letter is received. People who get the letter will have two months to (a) register that they get Pension Credit or (b) claim Pension Credit and let TVL know or (c) pick a payment plan to pay the £157.50.

Some people who must now pay will not have paid for a TV licence since the scheme began in 2000. They will be able to pay by credit or debit card on the phone or online and can pay weekly, fortnightly, or monthly if they choose. 

People without a bank account or credit card will have to pay in cash at a shop with a PayPoint - or get someone to do it for them. DWP says there are 375,000 over 75s who access the state pension or pension credit via the Post Office Card Account. They are less likely to have a bank account. 
    Some of those who have to pay will have a very low income. An income as low as £209 a week for a single person or £305 a week for a couple will be just above the normal pension credit limit. They will have to pay in full for the Licence. That will cost up to 1.4% of their income. 

    Some couples may have a lower income than that and still be excluded. Couples where one partner is below state pension age can no longer claim Pension Credit for the first time and they may have benefits as a couple as low as £137 a week. The TV licence will be more than a week's income. However, a mixed age couple who already gets pension credit will keep it and will still be eligible to a free TV licence. 

    Who can get Pension Credit

    Age
    Pension Credit can only be claimed by people over state pension age - from October that will be 66. If they live with someone else as a couple then to claim Pension Credit in future both must be over state pension age (there are exceptions - see Couples below). If they get Pension Credit the free TV licence is given if either of them is over age 75.

    Income
    If you are over 75 and your income is up to £208.65 a week then you can get Pension Credit. If you live as part of a couple then your income is counted jointly and the upper limit is £304.20 a week. Even if you qualify for just 1p a week pension credit you will still get the £157.50 free TV licence.

    If you get Carer's Allowance you can add £37.50 to these amounts and still qualify. You can count as a carer even if you do not get carer's allowance if you would be entitled to it. See 'Carers' below.

    If you are severely disabled add £66.95 to these amounts. 'Severely disabled' normally means means you get Attendance Allowance. See 'Severely disabled' below. If you are part of a couple the rules for adding these amounts are complex but you should still apply.

    Savings
    If you have savings or investments of up to £10,000 they do not affect your entitlement to Pension Credit. If they are more than £10,000 then an amount is added to your income. That amount is £1 a week for every extra £500 of savings. So savings of £15,000 mean that £10 a week is added to your income. Of course, savings of £500 will not produce an income of £1 a week. You will be lucky if you get 10p a week. But that is how the rules work. Any income the savings actually produce is ignored. For a couple, savings are added together and the limits apply to their joint savings.

    There is no upper limit for savings that disqualifies you from getting Pension Credit. Some people with low incomes and tens of thousands of pounds in savings can still get Pension Credit. But if savings are very high then your entitlement to Pension Credit will be wiped out. 

    Just claim!
    If your head is hurting with all these complex rules (mine often does!) then just claim pension credit. You can do that easily by calling 0800 99 1234. The call will be free. Have all your details of income and state pension with you and if possible your NI number. They will process your claim if you do qualify and tell you if you do not. 

    The average amount of unclaimed Pension Credit for people over 75 is £1820 a year. So it is well worth claiming regardless of getting a free TV licence. Even if your entitlement is just 1p a week you will still get the free TV licence.

    Check your entitlement
    If you want to check entitlement yourself then you can use one of the online calculators. All are anonymous. 

    The best online calculator is from an organisation called Entitled To. It will also work out if you can get any reduction in your council tax and, if you are a tenant, your rent as well. It also suggests other places you might be able to get financial or other help. Homeowners can claim Pension Credit.

    Another online calculator is run by the charity Turn2Us. It also has an online search for grants and other cash help you may get. So it is worth using for that.

    The extra help will almost certainly include money off your council tax (or rates in Northern Ireland). If your income is below £173.75 a week (£265.20 for a couple) then your council tax should be reduced to zero. If your income is higher than that then your council tax will normally be substantially reduced.

    Fiddly Bits

    Extra information about some of the complex rules that surround Pension Credit and the free TV licence.

    Limit for pension credit 
    There is some confusion about income limits for Pension Credit. That is because it is in two parts - guarantee credit and savings credit. Guarantee credit will raise your income to £173.75 a week (£265.20 for a couple). But if your income is higher than £150.47 a week (£239.17 couple) then you are also given an extra bit of pension credit called 'savings credit'. Entitlement to that runs out as your income exceeds £208.67 a week (£304.25 for a couple) though you will not see those two figures in any official publication.

    The savings credit is not paid to people who reached state pension age from 6 April 2016. They are men born from 6 April 1951 and women born from 6 April 1953. At the moment they cannot get free TV licences as they are still under age 75. When they can claim from April 2026 and 2028 there will be discrimination between men and women and the scheme may have to change. See also 'Younger People' below.

    Couples
    A new rule for couples began on 15 May 2019. From that date they can only get Pension Credit if they are BOTH over state pension age. Before that date they could claim Pension Credit if EITHER of them had reached state pension age. So a man of 75 with a partner aged 65 is not now entitled to claim Pension Credit.

    However, no-one will have their pension credit taken away. So if you are a mixed age couple (as the DWP calls them) and you already got Pension Credit or Housing Benefit before 15 May 2019 you will still qualify for them.

    The DWP does not care if a couple is married, civil partnered, or neither. If they live together as a couple then they count as a couple.

    Carers
    You qualify for Carer's Allowance if you spend at least 35 hours a week caring for someone else who is severely disabled. That normally means they get 
    • Attendance Allowance, or
    • One of the two higher rates of Disabled Living Allowance (DLA) or, 
    • Either rate of Personal Independence Payment (PIP). 
    If you are over state pension age you may not have claimed Carer's Allowance as it will not be paid on top of your state pension. But it is important to claim it as it will entitle you to more Pension Credit. 

    Severely Disabled
    For people over 75, severely disabled normally means you get 
    • Attendance Allowance, or
    • Constant Attendance Allowance paid to ex-service personnel
    Mixed households
    The free TV licence is available to any household where at least one person aged 75 or more lives. So if the licence is in the name of a younger person it should be changed to the person over 75 on pension credit who lives with them. The household itself will not be means-tested. So younger people will benefit from the free licence in those circumstances.


    Numbers

    DWP statistics for November 2019 show that 922,028 people aged 75 or more get Pension Credit. 

    DWP take up figures for 2017/18 - published in February 2020 - show that between 520,000 and 650,000 over 75s who could claim Pension Credit do not do so. The central projection was 590,000. This analysis uses the highest number. Roughly four out of ten people who could claim pension credit do not do so. The average amount unclaimed by them is £35 a week or £1820 a year. 

    The BBC now estimates that there were 4.4 million people who got a free licence before the rule change. That is lower than the estimate of 4.6 million produced for it by Frontier Economics in 2018 when it was consulting on changes to the free licence. The DWP, which still paid part of the cost in 2019/20, said there were 4,665,000 free licences in 2018/19 and forecast 4,779,000 in 2019/20 - an increase of 114,000 in a year. The Office for National Statistics predicts that the number of people over the age of 75 will grow by 165,000 a year over the next 25 years. That argues for a growth in the number getting free TV licences by around 139,000 a year over that period. In this blog I use the 4.6m estimated by Frontier Economics as a compromise between the BBC's low figure and the DWP's high figure. The BBC offered no explanation for why its figure is now lower.


    Why the BBC changed the rules

    Origins
    The free TV licence for people over 75 was introduced by Gordon Brown when he was Chancellor of the Exchequer. It was announced in the pre-Budget Report on 9 November 1999 and confirmed in the Budget on 21 March 2000. It began on 1 November 2000, a few months before the June 2001 election which Labour won comfortably. The cost - around £350 million a year then - was paid by the DWP and it has continued to pay the BBC for the cost of the free licences. So the free licences did not cost the BBC anything.

    People now aged 95 or over will have had a free licence for 20 years. Those aged 75 to 95 will never have paid for a licence once they reached 75.

    Change
    As part of the renewal of the BBC Charter in 2015 the Government insisted that the BBC bear the whole cost of the free licences from April 2020. Passing on the cost was phased in over three years from 2018/19. The BBC estimates the full cost at £745 million in 2021/22 rising to £1 billion a year by 2030 as the number of 75 year olds grows and the price of the TV licence increases with inflation. The cost is around 15% of its current £5 billion a year budget and is more than the total cost of all its radio stations and almost as much as all its TV stations apart from BBC One. The BBC says it cannot afford to pay that full cost without major cuts affecting programmes enjoyed by all licence fee payers. The cost of the means-tested free licence scheme is estimated by the BBC at £250 million a year. However, that assumes that all the 1.5m over 75s who get or could get pension credit will do so and will register for a free licence. That seems very unlikely as take-up of pension credit is highly resistant to change and the cost is much more likely to be between £100m and £150 million a year. 

    As part of the Charter deal the BBC was allowed to raise the licence fee by inflation from April 2017. It had been frozen since 2010 as part of the previous Charter deal when the BBC had refused to take over the cost of free TV licences. It rose in April 2017 by £1.50 to £147, by £3.50 in April 2018 to £150.50, then in April 2019 it went up by £4 to £154.50 and then in April 2020 by £3 to £157.50. There are almost 26 million licences so the inflation rise brought in around £40 million in 2017/18, £90 million in 2018/19, £100 million in 2019/20 and will bring in around £75m in 2020/21. That is nothing like enough to match the decline in the DWP payment of between £200m and £250m a year over the three years 2018/19 to 2020/21 nor to pay the estimated continuing cost of the free licences for over 75s on pension credit. And of course the increase with inflation also has to fund the BBC's other rising costs including pay and services. 

    People outside the UK
    The change in the rules applies throughout the UK. People living in the Channel Islands or the Isle of Man - which are not in the UK - also pay for a TV licence and get a free one if they are aged over 75. Their position is still being discussed.

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    Wednesday, 3 June 2020

    SMART METERS - DO THEY THINK WE'RE DUMB?

    UPDATED 3 June 2020

    The latest figures indicate the Government is going to miss its revised target to fit 85% of home in Britain with a smart meter by the end of 2024.

    This new target was introduced in September 2019 when it became clear that the original target of fitting or at least offering one to every home in Britain by the the end of 2020 was, literally, unachievable. But now the new one looks out of reach too.

    By the first quarter of 2020 just over 19 million smart meters had been installed in homes, split about 57:43 between electricity and gas. The number of installations has fallen from its peak of 1.3 million in the last quarter of 2017 to just 984,685 in the first quarter of 2020. A year ago I said that at the current rate of fitting it would be be mid to late 2026 before the target was reached. That remains the case.

    To install the remaining 25 million smart meters by the target date would require 1.3 million fitted every quarter. In 2019 the average was just over a million a quarter. The rate is falling - and will have been practically shut down by coronavirus - so even at a million it would take 25 quarters which takes us to the first few months of 2026.

    The trade body energy UK warned the Government in November that the target was unreachable and the best it could hope for was just over two thirds of homes fitted by the end of 2024.

    Meters fitted
    Of the 19.2 million smart meters which had been fitted by the end of March 2020 only 4.3 million were SMETS2, leaving 14.9 million of the early version called SMETS1. Despite their name they are not smart enough to cope when the customer changes supplier and will normally go dumb or, to use the official phrase, 'operate in traditional mode'. The latest figures show that 3.7 million of these SMETS1 meters have gone dumb and BEIS has told me that "the vast majority is likely to be a result" of customers switching supplier.

    So in addition to the 25 million traditional meters that need replacing another 15 million SMETS1 meters need upgrading.

    Since 15 March 2019 all meters being fitted should be SMETS2. However, we know that some suppliers have still been fitting SMETS1 meters because SMETS2 are in short supply and they still have SMETS1 meters in their stores. The latest report for Quarter 1 2020 says "Energy suppliers are now installing second generation smart meters (SMETS2) as the default choice in most cases." My emphasis. It clearly implies some SMETS1 meters are still being installed.

    There are plans to upgrade SMETS1 meters to operate with any supplier. They will still not be SMETS2 meters but the workaround will at least mean they can support switching supplier. This process is known as enrolment into the DCC network (described below) and it was due to begin in July 2019. The target date to upgrade all SMETS1 meters is still the end of 2020. It is not clear to me yet what progress has been made but we do know that 3.7m SMETS1 meters are still operating in dumb mode.

    Voluntary
    Customers are free to choose whether or not to have a smart meter fitted. But the large companies are more and more trying to make it seem inevitable. Some are even booking appointments without agreement others are cold-calling and sending texts to customers. This hyperactivity was because if they missed the original 31 December 2020 target they could be fined. EDF was fined £350,000 for missing its 'milestone target' for fitting meters. These milestone targets are secret and Ofgem refuses to reveal them despite an FOI request. Ofgem also confirmed that any SMETS1 meters fitted after 15 March 2019 will not count towards those milestone targets.

    Most major suppliers now have at least one tariff where agreeing to a smart meter is part of the terms and conditions. Regulator Ofgem says such terms are within its rules as long as "communications are transparent and accurate, including around any smart meter only tariffs they are offering."

    Not all homes can have smart meters. Rural areas, tall blocks of flats, buildings with thick walls, and meters in odd locations can all prevent installation. And the target by the end of 2024 is only to fit them to 85% of homes - leaving between four and five million homes without one.

    What smart meters do
    Smart meters are not in fact very clever. They simply report back to the supplier how much electricity and gas the customer uses each day and, with the customer's permission, every half hour. More frequent reporting may be available in future.

    The meter also feeds some information about current use to what is called an 'In Home Display' or IHD. If you have both electricity and gas there will be one IHD which covers both electricity and gas. It will normally be mains-powered and fixed in position but there will be an option for a separate portable battery powered unit. The IHD can show how much fuel is currently being used and can display the cost in £.p. Some of them will have a traffic light system - glowing green when consumption is low through amber to red when it is high. They can also do calculations of past and future use. Some reports suggest that if the IHD is switched off for any reason it is difficult or impossible to get it back online and recording usage accurately.

    Costs
    The costs of the smart meter programme are certain, though it is inevitable now that they will increase above their current estimates. The latest cost/benefit analysis was published in September 2019. It is still priced in 2011 pounds and to get to a current 2020 cost these figures should be multiplied by 1.17. It estimates that manufacturing and installing 53 million meters, communication devices, and IHDs in 30 million premises will cost £7.5 billion. There is also a new communications infrastructure network called DCC which will cost £2.9bn. That was due to be completed late in 2015 but was in fact not switched on until November 2016 and was still being tested In 2018. It now seems to be working with the 4.3 million SMETS2 meters fitted by the end of March 2020. The cost/benefit analysis puts the total costs of the programme over 22 years at £13.5bn. That is around £15.8 billion in today's pounds.

    That cost is more than £500 per household and is paid through higher electricity and gas bills. Those payments have begun. In 2017 all major suppliers and some smaller ones have put up the cost of electricity by 10% to 15% and each of them blames that rise in part on smart meters. That process continued in 2018.

    Savings
    Estimates of the savings are more speculative.

     * Customers will save money because they will use the information from the IHD to cut their energy consumption. That is the theory and the saving from that is put at £6.2bn over 22 years based on a 3% cut in electricity use and 2.2% in gas use (and just 0.5% for prepayment gas customers). The savings figure assumes that just one in three customers will achieve these savings.

    Achieving those savings requires active engagement by customers. But many will not be engaged and will end up paying more. A report by the old Department for Energy and Climate Change on some pilot smart meter installations found that initially 96% used their IHD but about four out of ten disconnected them during the research. None were able to identify any clear savings due to the IHD. The Public Accounts Committee estimated in 2014 that customers would save on average about £26 a year. A survey by a price comparison site in July 2018 (on a small and perhaps not representative sample) found that less than half (49%) of its sample of 678 people with a smart meter had reduced energy usage. And as standing charges grow - in 2019 they accounted for 13.5% of the typical bill - the scope for reducing bills by cutting energy use decreases.

    Customers will also gain, if they choose to, by faster switching from one supplier to another. The process can take weeks now but a 24 hour service is promised. They will also benefit from suppliers sending an accurate monthly bill of energy used rather than sending out estimated bills. Though they will then lose the advantage of smoothing their bills over the year. 

    In the 2019 Cost benefit analysis there is a new saving allocated to customers. It is £1.4 billion from what it called 'time savings' which it says is a monetary value on "reduced time consumers spend interacting with the energy system". That includes reading the meter, sending the results to the supplier, calling the firm with complaints or questions and, in the case of prepayment customers, travelling to a shop to get their key charged up. It comes to 32 minutes per year for credit meter customers and around three hours per year for prepayment customers. Halve those times for customers who only have electricity.

    * Energy suppliers will save an estimated £8.1 billion. The biggest chunk - £2.3bn - will be from ending meter reading and other home visits. Reduced customer enquiries and complaints will save £1.2bn. Another £1bn will be saved by managing pre-payment customers better and there is a big saving of £1.2bn from reducing the cost of customers switching supplier. A further £1.9bn is saved by managing debt better and reducing theft.

    * Networks and the generators will save £1.7bn between them from smoothing the peaks and troughs of demand and generating less power.

    * Finally, carbon related benefits and air quality improvements will add £2bn to bring total savings to £19.5bn, of which £9.8 billion is saved by the energy industry directly.

    These figures from the 2019 cost/benefit analysis are in 2011 pounds. Actual costs in 2020 pounds will be 17% higher. Even in constant terms the total cost of £13.5 billion is £2.5 billion more than the 2016 assessment. The cost is being paid by energy customers through their bills.

    Who gains?
    Less than a third of the savings will be made directly by consumers, though if you add in the value of the time saved that comes to 39%. Half the savings will be made by the industry. The hope is, of course, that suppliers, generators, and transmitters of electricity and gas will pass some of those savings on. They may. But some of their savings - on debt management and prepayment meters for example - will come at a direct cost to the customers affected though they may be passed on to others.

    So while the customers will pay for the £13.5 billion cost of the smart meter programme through their bills, the savings of £6.2 billion will only be gained by those who adjust their behaviour and and the £9.8 billion saved by the industry will only be felt by customers if the industry passes on its own savings to customers in lower prices. It is not at all clear that the £2 billion rather speculative carbon related and air quality savings will ever reach consumers' pockets.

    The energy industry has a very poor record in passing on savings. In 2014 they took many months to pass any of the gains from the fall in the wholesale price of gas and none reduced electricity prices even though much of that is generated by burning gas.

    Extra costs.
    The impact assessment does not take account of two significant extra costs.

    First, bills will no longer be estimated as they will be based on actual usage over a month. That is promoted by the Government as good news for consumers. But it will be expensive for gas and electricity suppliers. For many years they have encouraged customers to agree to pay estimated bills monthly by direct debit rather than quarterly based on meter readings. The result is that the firms have kept hundreds of millions of pounds on their books belonging to customers. The value of that is shown by the fact that customers who pay a more accurate quarterly bill can be charged 7% extra or more more than monthly direct debit customers. If they no longer make that saving then prices will inevitably rise. Some customers may prefer to keep estimated bills. They are at least constant and that can help with budgeting.

    This money the suppliers routinely hang onto is separate from the £400m that Ofgem found they had wrongly kept when customers switched to another supplier. In February 2014 it ordered firms to refund this money. That event does not bode well for hopes that the industry would voluntarily return to customers the savings it makes from smart meters.

    Second, the DCC has incurred expenses planning and eventually implementing the upgrade of SMETS1 meters. The National Audit office estimated in November 2018 that will add another half a billion pounds to the cost.

    Time of use
    The report also makes no assessment of the costs or savings to be made from what are called Time of Use tariffs. Once the smart meter network is rolled out suppliers will start making customers manage the load, especially in electricity supply. In other words when demand is high the price goes up. When demand is low the price comes down. And with half hour reporting - and it may be more frequent in future - time of use tariffs could be very specific.

    For example, energy could be more expensive between 7am and 9am when most people are getting up, putting on the kettle, and making breakfast. Or between 5pm and 8pm when evening meals are being cooked. The result would be that poorer families could not afford to eat dinner at dinner time.

    Ultimately the cost of power could rise during the adverts in TV soaps or the interval in football matches when millions put the kettle on make a cup of tea.

    Time of use tariffs mean that the customer is being drafted in to manage the national power load. By pricing people out of energy use at peak times the peaks and troughs of usage - so irksome to the engineers managing the grid - are smoothed out.

    Time of use tariffs are particularly being touted for charging electric vehicles overnight for those drivers who have a drive or garage at home where they can charge them up. The current specification for home vehicle chargers specifies that suppliers will be able to decide the time of day that the energy is fed to them.

    Debt and disconnection
    Smart meters will also enable energy suppliers to manage debt and disconnection remotely. Customers can be switched from credit payment to prepayment by the supplier without changing the meter. It also means that if someone has not paid their bill then the supplier will be able to disconnect them remotely. There are currently safeguards about who can be disconnected and when. But once the conditions are met the process of doing so will be much simpler. In fact though there were only 17 disconnections in 2017.

    Organisation
    The delivery of this programme is in the hands of the six large and dozens of smaller energy suppliers. They each fit the meters for their own customers. Which could mean dozens of different engineers visiting the same street or block of flats to do the same job in neighbouring homes.

    The central Data & Communication Company (DCC) is run by Capita. It will be responsible for collecting the data sent back by smart meters and forwarding it to the right energy supplier, the networks and energy services companies. Others may also get access to it. In 2014 the Information Commissioner expressed concerns about the security and use of this data. There is currently no provision to let customers know specifically who has access to it.

    The data network will be run by two companies - Arqiva will cover northern England and Scotland using a long-range radio network and Telefonica UK will cover the rest of England and Wales using standard cellular telephone technology with what it calls 'mesh technology' to fill the gaps in the cellular network. Unlike individual customers the devices will be able to roam between suppliers to find the strongest signal. The target is to cover 99.25% of dwellings - which if achieved will leave 225,000 premises unconnected. However, remote dwellings, tall buildings, and multi-occupied premises are problems that have not been solved. Some in the industry have said that 30% of homes cannot be integrated into the DCC grid. The Department for Business, Energy, and Industrial Strategy has not denied that figure.

    Meanwhile Smart Energy GB spent £87m over 2018 and 2019 to persuade us all that the smart meter programme is a good thing. What it calls building consumer awareness and understanding of smart meters and encouraging consumer engagement. It included advertising such as the Gas and Leccy characters and a Smarter Britain bus tour with daytime TV housing gurus Kirstie Allsopp and Phil Spencer - who admitted he didn't have a smart meter before he was paid to promote them.

    In November 2018 the Advertising Standards Authority told SmartEnergyGB to stop claiming smart meters were free as we were all paying for them - about £400 per household - through higher bills. And in March 2019 it ruled that a claim smart meters saved people money was false and should be withdrawn. They only save money if we change our habits to use less.

    Criticisms
    On 25 November 2018 the National Audit Office published a report on smart meters and warned


    "The facts are that the programme is late, the costs are escalating, and in 2017 the cost of installing smart meters was 50% higher than the Department assumed. 7.1 million extra SMETS1 meters have been rolled out because the Department wanted to speed up the programme. The Department knows that a large proportion of SMETS1 meters currently lose smart functionality after a switch in electricity supplier and there is real doubt about whether SMETS1 will ever provide the same functionality as SMETS2. The full functionality of the system is also dependent on the development of technology that is not yet developed.
    The facts summarised above, and many more, are not fatal to the viability and value for money of the programme. However, there are serious issues that need to be addressed if Smart Meters is to progress successfully and deliver value for money."

    On 15 October 2018 a revised House of Commons Library briefing set out the difficult task of meeting the 31 December 2020 deadline and has a lot of useful background information.

    In July 2018 the British Infrastructure Group of MPs and Peers published their report Not So Smart which said that the saving per household would probably be only £11 a year and that the 2020 deadline was not achievable - it recommended a two year extension. It also raised concerns about whether the savings by the energy suppliers and the networks would be passed on to consumers. It was concerned that customers would not know what was happening to their data.

    On 7 March 2015 the Energy and Climate Change Select Committee expressed concerns about delays and unresolved challenges in the smart meter programme. "Without significant and immediate changes to the present policy, the programme runs the risk of falling far short of expectations. At worst it could prove to be a costly failure."

    In December 2014 the Ontario auditor general Bonnie Lysyk said that the state's smart meter programme had cost twice its estimate and made few if any savings for customers or suppliers and failed to reduce energy consumption.

    3 June 2020
    vs 4.01
    19777

    Friday, 22 May 2020

    MARRIED WOMEN PENSIONERS SHORT-CHANGED

    SUMMARY
    Tens of thousands of married women in their seventies or older are being paid too little state pension. Some could be owed £4000 a year. 

    You are almost certainly entitled to extra state pension i
    • your husband was born before 17 March 1943
    AND
    • you get less than £80.45 a week state pension
    Some slightly younger women - aged at lest 67 - and some women with younger husbands may also be due extra money.

    The women affected get the old state pension, not the new one which began for those who reached state pension age from 6 April 2016.

    These married women are normally entitled to a top up to bring their basic pension up £80.45 a week. However, many did not claim it or it was not paid due to an error by the Department for Work and Pensions. See 'Married women' below.

    Some divorced or widowed women may also be entitled to a bigger state pension. See 'Widowed or divorced' below.

    Anyone aged 80 or more - men and women, married or not - should normally get a state pension of at least £80.45 a week. See 'over 80' below

    DETAILS
    Married women 
    Nowadays most married women have their own state pension paid for with their own National Insurance contributions. But millions of older women do not. Women born before April 1950 needed 39 years of contributions to get a full pension. If they had fewer than that their pension was reduced and women with fewer than 10 years contributions got no state pension of their own. 

    Many married women did not earn enough at work to pay National Insurance contributions or, if they did, they chose to pay the reduced married woman's contribution - known in the past as the  'married woman's stamp'. It did not count towards a state pension. The result is that millions of older married women are only entitled to a reduced state pension of their own, or none at all.

    To help them there is a special rule that when a husband reaches state pension age his wife can get a pension based on his National Insurance Contributions. That married woman's pension is 60% of the basic pension – and currently comes to £80.45 a week. 

    If a married woman has a basic state pension of less than £80.45 a week or none at all it is topped up to that amount when her husband reaches state pension age. That applies even if he – but not she – gets the new state pension (men born from 6 April 1951 get the new state pension). 

    Nowadays that top up to £80.45 a week should be paid automatically when her husband reaches state pension age. However, before 17 March 2008 a married woman who already had a pension when her husband reached pension age had to apply for the upgrade. 

    Research done by former Pensions Minister Steve Webb indicates that there could be more than 100,000 women whose husbands were born before 17 March 1943 who get a state pension of less than £80.45 a week but who did not apply for the top-up. Those women were born before 17 March 1948 and are now aged 72 or more.

    They can apply for the higher pension now. It will top up their state pension to £80.45 a week and the top up will be backdated for a year. A woman with no state pension will get £4183 plus £80.45 a week for life. 

    There may also be some younger women born between 17 March 1948 and 5 April 1953 and some women with younger husbands - born 17 March 1943 or later - whose pension should have been upgraded automatically but was not. Steve Webb's figures show that error did happen in many cases. They can apply for this pension now and, because the mistake was made by the Department for Work and Pensions, it will be backdated to the date it should have been paid. That can be up to 12 years. 

    Any married woman who has a basic state pension of less than £80.45 a week should claim the extra. She will probably be successful.

    To see if you qualify use this calculator provided by Steve Webb at Lane Clark & Peacock. 

    You can claim your extra pension either online at the Pension Service or call free 0800 169 0154.

    Widowed or divorced
    A widow can use her late husband's record to get a state pension if that would be more than was due on hers. In most cases her reduced pension can be boosted to 100% of the basic state pension - currently £134.25 a week. She can also inherit some or all of his SERPS.

    A woman who is divorced can use her ex-husband's National Insurance record instead of her own up to the date of the divorce. If she has had more than one husband then it is only the record of the most recent one she can use to boost her state pension. This should be done when she claims her state pension. But it may not have been so it is worth checking.

    Women who are widowed or divorced and get less than the full 100% basic state pension of £134.25 should ask the DWP to check they are getting all they are entitled to. If it was worked out wrongly in the past it could be backdated to the date of that error. 

    Call the Pension Service free on 0800 169 0154.

    Over 80
    Once you reach 80 you are entitled to a state pension of £80.45 a week if your existing state pension is less than that or you do not get one at all. To qualify you must be 
    • aged 80 or more 
    • live in the UK or the EU when you reached 80 or when you claim
    • have lived in England, Scotland, or Wales for at least ten years out of the last twenty.
    It is not means-tested and does not depend on your National Insurance record. The full rules are here. 

    If you are over 80 but get less state pension than £80.45 or none at all then claim it now. It can be backdated up to a year.   

    You can claim your extra pension either online at the Pension Service or call free 0800 169 0154.

    Exceptions

    Not every married woman with an old state pension of less than £80.45 will be due extra pension. Some husbands themselves had less than a full state pension - they needed 44 years of National Insurance contributions then to get a full one. If he gets less than the full basic state pension – currently £134.25 a week - then his wife will also get a lower married woman's pension. However, it is his basic state pension that counts (called Category A), so ignore all extras like additional pension - what we used to call SERPS - graduated retirement benefit, or extra pension for not claiming it at 65.

    If he was originally given less than a full basic state pension then his wife’s pension on his contributions will be 60% of that and will be less than £80.45 a week. But she may still be getting too little and should claim.

    People living outside the UK in a country where the state pension is frozen - it does not rise with inflation - may well be getting less than £80.45 a week and not be entitled to any top up. 


    23 May 2020
    version 1.00



    Tuesday, 31 March 2020

    CORONAVIRUS JOB RETENTION SCHEME

    THIS BLOG DESCRIBES THE SCHEME THAT APPLIED UP TO 1 JULY 2020. A NEW SCHEME IS NOW IN PLACE WHICH IS LESS VALUABLE THOUGH MOST OF THE RULES REMAIN THE SAME. 
    THIS BLOG IS NOW OUT OF DATE AND SHOULD NOT BE RELIED ON. 


    LAST UPDATED 1700 14 May 2020 - CJRS version 2.56. 
    THIS BLOGPOST IS NO LONGER UPDATED.

    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