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  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    It depends on his age and whether or not he has paid enough NI contributions.
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  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you might be a bit confused.

    When you say that he is registered. Do you mean that he actually registered for self assessment with HMRC or do you mean the company just said that you are self employed?

    Did he receive pay slips? Was tax and NI contributions taken from salary?

    Or was he just paid 'cash in hand'?

    All sounds very dodgy.

    Anyway if your son is not interested in finding out if the employer has acted illegally then he should just apply for JSA and let them sort it out.

    It sounds as if he wouldn't be entitled to contribution based JSA. He would need to have paid class 1 contributions as an employee (the NI contributions would show on his pay slips) for the last 2 tax years - has he been working that long?

    Or if he has registered with HMRC as self employed then he would have been paying class 2 NI contributions. These do not entitle him to JSA.

    So, if he doesn't know what NI contributions he has been paying then apply for JSA and they will do the check.

    If he has no other income/savings and is not entitled to contribution based JSA then he will probably be entitled to income based JSA. This isn't dependent on NI contributions.

    The easy thing is for him to apply on line and go from there.
  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 16 July 2015 at 2:46PM
    Interesting times for the company as they can not employ people like that - he was an employee. He needs to go to the CAB to get this holiday pay

    https://www.gov.uk/government/collections/employed-or-self-employed
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • Sarah69
    Sarah69 Posts: 485 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    pmlindyloo wrote: »
    I think you might be a bit confused.

    When you say that he is registered. Do you mean that he actually registered for self assessment with HMRC or do you mean the company just said that you are self employed?

    Did he receive pay slips? Was tax and NI contributions taken from salary?

    Or was he just paid 'cash in hand'?

    All sounds very dodgy.

    Anyway if your son is not interested in finding out if the employer has acted illegally then he should just apply for JSA and let them sort it out.

    It sounds as if he wouldn't be entitled to contribution based JSA. He would need to have paid class 1 contributions as an employee (the NI contributions would show on his pay slips) for the last 2 tax years - has he been working that long?

    Or if he has registered with HMRC as self employed then he would have been paying class 2 NI contributions. These do not entitle him to JSA.

    So, if he doesn't know what NI contributions he has been paying then apply for JSA and they will do the check.

    If he has no other income/savings and is not entitled to contribution based JSA then he will probably be entitled to income based JSA. This isn't dependent on NI contributions.

    The easy thing is for him to apply on line and go from there.

    Thanks, I'm not confused. He has never received wage slips just cash in hand at the end of every week which I think was either £40 or £45 per day. I think he filled in an hmrc self assessment. The accountant was for working out his tax I believe. He has only been working for the company for 7 months.

    I think I will just get him to apply for JSA online.

    Thanks for everyone's help.
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