ESM8525 - Employer compliance reviews and requests for formal Section 8 Decisions: the wording of the decision
Where the section 8 decision is that there are no engagements within the legislation, you should use the wording set out at ESM3298.
Where you have to make a formal 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 [$] as employed in employed earner鈥檚 employment by鈥︹�︹�︹�︹�︹�︹�︹��(name of client).
[NB. It will be necessary to repeat this wording for each separate engagement in the year.]
That 鈥︹�︹�︹��. (name of intermediary) is treated as liable to pay primary and secondary Class 1 contributions in respect of the worker鈥檚 attributable earnings from that engagement/those engagements.
The amount that 鈥︹�︹�︹�︹��(name of intermediary) is liable to pay in respect of those attributable earnings of (拢鈥︹�︹�︹�︹��.) is (拢鈥︹�︹��)鈥�
[i] enter 6/4/xxxx or the date of the start of the engagement if later.
[ii] enter 5/4/xxxx or, if earlier, the date of cessation of the engagement
[$] In Northern Ireland use 鈥淧arts I to V of the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992鈥�