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JobKeeper Eligibility

Initiate

Views 1381

Replies 7

My mother in law is a sole trader who has had well over the 30% downturn in business but is also a permanent part time employee of a government agency who are ineligible entities for JobKeeper. My question is if her employer is ineligible for JobKeeper is my mother in law still eligible to enrol forJobKeeper as a sole trader?

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 0

Hi @Juliagrace 

The Treasury website contains the rules to give effect to the JobKeeper Payment.

In part this sets out in Division 3, the entitlement based on business participation. One of the business participation requirements states:

  • An eligible business participant cannot be an employee (other than a casual employee) of another entity.

As your mother-in-law is a permanent part-time employee of another entity, she cannot claim JobKeeper as a eligible business participant.

7 REPLIES 7

Devotee

Replies 5

Hello,

 

To receive jobkeeper payments as a sole trader, one of the criteria is that:

 - you are not an employee (other than a casual employee) of another entity

Therefore if she is a permenant part time employee of another entity, she will not qualify for jobkeeper as a business participant.

Initiate

Replies 4

I was under the impression that was because a sole trader who is employed by an entity is required to claim the payment through that entity to prevent people from claiming it more than once. In this instance she is not able to claim through the employer at all due to government agencies not being eligible to enrol. 

Devotee

Replies 3

Please see below a FAQ from the ATO jobkeeper site:

 

Can a sole trader receive JobKeeper payments when they are also an employee of another business?  

  • No. An eligible business participant cannot be an employee (other than a casual employee) of another entity. If the sole trader is both a long term casual employee of another business and also an eligible sole trader, they can choose to either let their employer claim the JobKeeper payments on their behalf, or they can claim as a sole trader, but not both.

Initiate

Replies 2

I think you may have missed the point KMStar. You stated that they would need to claim through their employer but if you look back at the details I originally provided her employer is a government agency and if you read the details about ineligible entities you will find that government agencies cannot enrol for JobKeeper. Therefore if her employer is not allowed to enrol for JobKeeper can she claim JobKeeper as a sole trader?

Initiate

Replies 1

I might just call the ATO tomorrow and speak with an agent if not request it be escalated to specialist area. 

Devotee

Replies 0

Yes, it’s best to talk to someone at ATO. As you don’t want to miss out registering before the cut off dates.

Most helpful response

Former Community Support

Replies 0

Hi @Juliagrace 

The Treasury website contains the rules to give effect to the JobKeeper Payment.

In part this sets out in Division 3, the entitlement based on business participation. One of the business participation requirements states:

  • An eligible business participant cannot be an employee (other than a casual employee) of another entity.

As your mother-in-law is a permanent part-time employee of another entity, she cannot claim JobKeeper as a eligible business participant.