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Official guidance
National Insurance Manual

NIM06500 · Class 1 NICs: Employment Allowance

  • NIM06505 · Employment Allowance: Introduction
  • NIM06510 · Employment Allowance: Who can claim the Employment Allowance?
  • NIM06515 · Employment Allowance: Special conditions for certain employers claiming the Employment Allowance
  • NIM06520 · Employment Allowance: care and support workers
  • NIM06525 · Employment Allowance: Who can’t claim the Employment Allowance?
  • NIM06530 · Employment Allowance: Who can’t claim the Employment Allowance? Public authorities
  • NIM06535 · Employment Allowance: Who can’t claim the Employment Allowance? Domestic employment
  • NIM06540 · Employment Allowance: Who can’t claim the Employment Allowance? Workers supplied by service companies
  • NIM06545 · Employment Allowance: Who can’t claim the Employment Allowance? Single director limited companies
  • NIM06550 · Employment Allowance: Who can’t claim the Employment Allowance? Transfers of business
  • NIM06555 · Employment Allowance: Who can’t claim the Employment Allowance? Business de-mergers
  • NIM06560 · Employment Allowance: Who can’t claim the Employment Allowance? Claims made through connected businesses or charities
  • NIM06565 · Employment Allowance: Anti-avoidance
  • NIM06570 · Employment Allowance: How and when to claim the Employment Allowance
  • NIM06575 · Employment Allowance: How the Employment Allowance is applied after HMRC has received a claim
  • NIM06580 · Employment Allowance: How and when to stop claiming the Employment Allowance
  • NIM06585 · Employment Allowance: Employer unable to use up all of the Employment Allowance against their total secondary class 1 NICs liabilities before the tax year ends
  • NIM06590 · Employment Allowance: Connected persons – companies and Limited Liability Partnerships
  • NIM06595 · Employment Allowance: Companies connected through substantial commercial interdependence
  • NIM06600 · Employment Allowance: Connected persons – Companies - Control through fixed rate percentage shares
  • NIM06605 · Employment Allowance: Connected persons - Companies – Connection through a loan creditor
  • NIM06610 · Employment Allowance: Connected persons - Companies - Connection through a trustee
  • NIM06615 · Employment Allowance: Connected persons - Companies - Further connections
  • NIM06620 · Employment Allowance: Connected persons – Charities
  • NIM06625 · Employment Allowance: Employer is part of a group of companies/charities
  • NIM06630 · Employment Allowance: Employers with multiple PAYE schemes
  • NIM06635 · Employment Allowance: Disputed claims (decisions and appeals)
  • NIM06640 · Employment Allowance: Records retention
  • NIM06645 · Employment Allowance: Recovering wrongly awarded claims (includes penalties and interest charged)
  • NIM06650 · Employment Allowance: Powers to amend both the annual amount of the Employment Allowance and the qualifying conditions for claiming it
  1. Class 1 NICs: Employment Allowance: Contents
  2. Employment Allowance: Disputed claims (decisions and appeals)

NIM06635 | Employment Allowance: Disputed claims (decisions and appeals)

From HM Revenue & Customs · National Insurance Manual

National Insurance Contributions Act 2014 - Section 6

Part 2 Section 8 of the Social Security Contributions (Transfer of Functions) Act 1999 (as amended by section 6)

Part 3, Article 7 of the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999. (SI 671/1999) (as amended by section 6)

In accordance with section 8(1)(ea)& (eb) of the Social Security (Transfer of Functions, etc) Act 1999 and the corresponding Northern Ireland legislation, if HMRC formally refuses an employer’s claim to the Employment Allowance or a claim for a refund of the Employment Allowance (which is done via HMRC issuing a Section 8 Decision), then the employer may submit an appeal to HMRC after which an officer of Board (Commissioners of Inland Revenue) will decide:

  • whether the employer was entitled to make a deduction to their secondary Class 1 NICs liability and if so, the amount they were entitled to deduct.

  • whether the employer was entitled to receive a repayment and if so, in what amount was the amount of repayment due

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

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