JSS and outdoor adventure park closed for winter

Can we claim?

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I work for a large farming estate, which has diversified to include an outdoor childrens adventure park with cafe and shop etc - open from March to October.

Although demand for the park has been lower throughout the summer due to Covid, it will not be lower throughout the winter as we'll be closed as usual. We have a number of full-time members of staff, who naturally are less busy during the winter and could get by doing fewer hours - not directly as a result of Covid, but arguably given the financial hit we've taken this year there's a case for letting some staff go and recruiting again in March. 

Does it sound like our situation permits use of the scheme?

Replies (4)

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By Paul Crowley
23rd Oct 2020 17:20

Best ask HMRC in writing

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Replying to Paul Crowley:
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By Missing in action
23rd Oct 2020 17:24

Thanks - I take it you mean formally send a letter outlining our position and not taking my chances with the webchat service?

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Replying to Missing in action:
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By Paul Crowley
23rd Oct 2020 18:19

You really need to have something to defend your position
Telephone not helpful unless you secretly record
No idea on webchat but if able to demonstrate that HMRC endorsed your actions you are at least in a defendable position.

My opinion that that to claim would be abusive. Do not claim unless your position is defendable.

There have however been different views on this platform on the abuse condition.

How does it feel to you?
Why would you claim if you would have closed all winter anyway?

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Replying to Paul Crowley:
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By Missing in action
23rd Oct 2020 18:57

Thanks, your thoughts are very helpful.

I'm torn on this one - the business has clearly suffered so far due to Covid, and reading through the guidelines step-by-step, it seems that technically we're allowed to claim. But stepping back and considering that we'd be doing next to nothing different from what we normally do over the winter, it doesn't seem right.

It would almost have been more of a relief to have seen something in the guidelines that outright ruled out a claim, but alas it's a slightly more grey area.

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