ESM8485 - Opinions on contracts: wording of in-year Section 8 Decisions (legislation applies)
Regulation 6(4) SI 2000 No. 727
Section 8(1)(m) Social Security Contributions (Transfer of Functions, etc) Act 1999
Where you have to make an in-year section 8 decision that a particular engagement is covered by the legislation you should use the following format:
鈥淭hat the circumstances of the arrangements between 鈥︹︹︹︹(name of worker) and 鈥︹︹︹︹.(name of client) for the performance of services from 鈥︹︹︹..(date)[i] to 鈥︹︹︹︹(date)[ii] are such that, had they taken the form of a contract between 鈥︹︹︹︹(name of worker) and 鈥︹︹︹︹.(name of client), 鈥︹︹︹..(name of worker) would be regarded for the purposes of Parts I to V of the Social Security(Contributions and Benefits) Act 1992 [$] as employed in employed earner鈥檚 employment by鈥︹︹︹︹︹︹︹(name of client).
That 鈥︹︹︹. (name of intermediary) is treated as liable to pay primary and secondary Class 1 contributions in respect of the worker鈥檚 attributable earnings from that engagement.
[i] enter 6/4/xxxx or the date of the start of the engagement if later.
[ii] enter 5/4/xxxx or, if earlier, the date of the decision or the date of cessation of the engagement.
[$] In Northern Ireland use 鈥淧arts I to V of the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992鈥