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HMRC internal manual

Construction Industry Scheme Reform Manual

The Scheme: secondary legislation: regulation 35

This regulation deals with applicants who claim to have been unemployed; to be read inconjunction with FA04/SCH11.

If an applicant claims, as a result of unemployment, not to have been subject to one ormore of the obligations at FA04/SCH11/PARA4(1), they must provide HMRC with the following-

If the applicant has been living in the UK, evidence by way of a statement from thebenefits officer certifying the period during which they were registered as unemployed:SI2005/2045 reg 35(2)(a) or if the applicant was not registered as unemployed, any otherevidence which satisfies HMRC that they were unemployed: SI2005/2045 reg 35(2)(b).

If the applicant claims to have been unemployed whilst living outside the United Kingdom,they must produce evidence from a Government department from within the other countryconfirming they were living there throughout the period : SI2005/2045 reg 35(3).

A definition of ‘benefits officer’ is at SI2005/2045 reg 35(4).