When claiming CJRS grants has the term " Your claim is in accordance with HMRC published Guidance" been in the declaration contiuously from April 2020?
Has the wording varied at all? Has it been integrated with any other term?
I know this sounds like a silly question but there is a genuine reason for asking it.
All (sensible) comments much appreciated
Replies (5)
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I think it has, the confirmations from claims made in April 2020 state:
HMRC may refuse payment if your claim:
- is not made in accordance with HMRC’s published guidance
- contains or is based on inaccurate information
- is paid in error
- is fraudulent or abusive or not made for the purposes of the scheme.
indicating they have been using that wording since the beginning, though I don't know for sure it also appeared in the declaration.
I presume your reason for asking is due to one or more of the following:
* It's unlikely that such a reference (to HMRC guidance) is included in legislation
* Which set of guidance (given that title, date and location aren't specified)?
* Which version of the guidance (given that it changed frequently without notice)?
It would be interesting to know your actual reason (although I guess that's unlikely to help you).
Although a few people have maintained archives, for instance, of each version of the core pages of GOV.UK guidance ... I don't know of anyone who has done the same with the actual CJRS claim declaration - but maybe someone on here has?
They say they do not need to follow the guidance as it is just guidance.
Interesting semantic discussion!
I’d interpret as being guiding the claimant how to follow the rules rather than suggesting how they might or might not wish to proceed! If it was the latter, there wouldn’t really be much point!
OK, I see where you're coming from ... nothing to do with what the legislation says (or indeed whether the claim was calculated 'correctly) - simply what was in the declaration 'signed' by client?
Because, they didn't follow the guidance (presumably the stuff on GOV.UK at the time) and EITHER incorrectly declared that they had done so, OR have 'got away with it' (in their eyes) as the declaration contained nothing on that point.
Personally I think they're on a hiding to nothing if/when HMRC discover there's a discrepancy, since HMRC will apply their guidance 'rules' irrespective of what the declaration does or doesn't have to say on the matter.
However, as I said in my first response, I don't know of anyone who's maintained archives of the actual CJRS claim declaration ... so can't really help. Sorry!