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Re: no Jobkeeper nomination form signed and I have since been sacked

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Replies 1

My employer gave me the run around with regards to Jobkeper. My first jobkeper subsidy  was paid on the 19th of May, and regular (weekly) payments did not commence until the 27th of May. I was sacked on 10th August.I was owed 3 weeks of Jobkeeper that the Ombudsman finally chased up for me in October. My question relates to the legality of my employer NOT having a signed nomination form that should have been signed to formalise my participation at the commencement of the Jobkeper scheme.

I received 16 weeks of Jobkeeper subsidy before being told my services were no longer required ...My question is as follows:

(1) Is it possible that my employer  could continue to claim Jobkeeper after he notified me of my dismissal? (ie after having received 16 weeks of  Jobkeeper Subsidy) ...or to put it another way, Is it possible that my employer continued to claim Jobkeeper (under my name) and use the subsidy to employ another person whose name was not on the list of eligible employees?...How can I be assured that my name (eligability) wasn't being used to finance another worker?

(2) What was the purpose of the Jobkeeper nomination form? How could my employer receive Jobkeeper on my behalf when I hadn't signed a nomination form?
 

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Accepted Solutions

Most helpful response

ATO Community Support

Replies 0

Hi @ohseapeaseaoh,

 

To answer your first question it may be possible for an employer to continue claiming the JobKeeper payment on your behalf after your no longer employed by them.

 

If your previous employer does not use Single Touch Payroll (STP), which is a payroll program that is enabled to allow the data to flow through to us electronically, then they may continue to make a false claim for JobKeeper.

 

If they are using Single Touch Payroll (STP) to report your income to us, then they would have to remove your name from their system. Once your name is removed they can no longer claim JobKeeper on your behalf as the Jobkeeper payment is claimed through their STP software.

 

When an employer reports through STP that information also feeds through to your ATO profile in myGov under "Income Statement" at the end of the financial year, so you will be able to tell if they continued claiming on your behalf.

 

 

In regards to your next question about the nomination notice an employer is required to provide you with an ATO JobKeeper Payment - employee nomination notice or create their own nomination notice, though they are not required to return it to the ATO but they need to keep a copy on record for if and when we request to sight it.

 

If you are concerned that your previous employer is doing the wrong thing in relation to the JobKeeper payment, you can tell us about it. We will be examining JobKeeper Tip-Offs and contacting businesses where we have concerns and need more information. To report illegal or behaviour of concern you can do this at Making a tip off (bellow).

 

Links

JobKeeper payment – employee notices

Making a tip off.

1 REPLY 1

Most helpful response

ATO Community Support

Replies 0

Hi @ohseapeaseaoh,

 

To answer your first question it may be possible for an employer to continue claiming the JobKeeper payment on your behalf after your no longer employed by them.

 

If your previous employer does not use Single Touch Payroll (STP), which is a payroll program that is enabled to allow the data to flow through to us electronically, then they may continue to make a false claim for JobKeeper.

 

If they are using Single Touch Payroll (STP) to report your income to us, then they would have to remove your name from their system. Once your name is removed they can no longer claim JobKeeper on your behalf as the Jobkeeper payment is claimed through their STP software.

 

When an employer reports through STP that information also feeds through to your ATO profile in myGov under "Income Statement" at the end of the financial year, so you will be able to tell if they continued claiming on your behalf.

 

 

In regards to your next question about the nomination notice an employer is required to provide you with an ATO JobKeeper Payment - employee nomination notice or create their own nomination notice, though they are not required to return it to the ATO but they need to keep a copy on record for if and when we request to sight it.

 

If you are concerned that your previous employer is doing the wrong thing in relation to the JobKeeper payment, you can tell us about it. We will be examining JobKeeper Tip-Offs and contacting businesses where we have concerns and need more information. To report illegal or behaviour of concern you can do this at Making a tip off (bellow).

 

Links

JobKeeper payment – employee notices

Making a tip off.