Argos Retail Group
1. What is salary sacrifice?

A salary sacrifice happens when an employee gives up the right to receive part of their gross pay due under his or her contract of employment. Usually the sacrifice is made in return for the employer’s agreement to provide the employee with some form of non-cash benefit e.g. childcare. The “sacrifice” is achieved by varying the employee’s terms and conditions of employment relating to pay and an actual reduction to gross basic pay occurs as a result.

If you participate in the Childcare Scheme you will save NI and tax on the amount that you sacrifice - basic rate tax payers can save up to 31% and higher rate tax payers up to 41% on the base fees.

Please note that you should seek further advice from HM Revenue & Customs if you are eligible for or currently in receipt of the childcare element of Working Tax Credits. An HM Revenue & Customs guide to salary sacrifice is available and can be downloaded from:

www.hmrc.gov.uk/specialist/salary_sacrifice.pdf

or call 08000 326 777.

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2. What is the maximum amount of the salary sacrifice?

The Government has set a limit on the amount of virtual vouchers you can receive free of tax and national insurance. This is currently £55 per week or £243 per month.

Your weekly, 4 weekly, or monthly salary must be sufficient to allow the salary sacrifice to be made without your salary falling below the National Minimum Wage and the Earnings Threshold. Your salary will also not be considered sufficient if making any salary sacrifice would mean there were insufficient funds to make any payment that your employing company is obliged to make from your net salary, for example any payments under court order or student loan payments.

In the event that your salary is insufficient to allow the salary sacrifice to take place then your membership of the Childcare Scheme will be suspended until your salary returns to a sufficient level. Please note, that if your gross salary is insufficient to pay a small part of the salary sacrifice then the whole amount will be rejected. You will be advised by kidsunlimited if this happens.

You should note that if there are sufficient funds for the salary sacrifice to occur, but insufficient funds for any Balancing Payments to be made from your net salary, the salary sacrifice will be made, but the Balancing Payment will not be made. Kidsunlimited will notify you of this and you will need to make arrangements to pay any missing payments directly to them or your carer.

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3. Can the Salary Sacrifice be used for more than one child?

You can use the Scheme for as many children as you like. However the £55 cap per week for vouchers is per employee and not per child.

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4. Can I still claim the Education Grant for my 3 or 4 year old?

Yes. The Nursery Education Grant is paid by Local Authorities and is applied for via the nursery manager. It is available to all children in registered nurseries or preschools from the term after the child’s 3rd birthday. Nursery companies and preschool settings may handle the management of these grants differently. You will need to discuss this with the provider.

As from 1st April 2006 the number of weeks per year the grant is paid increased from 33 to 38, as shown on the following table :-

Nursery Education Grant

Annual Sessions of 2.5 hours

Annual Amount

Rate per session

Weeks per year

Before 1st April 2007

165

£1,248

£7.56

33

From 1st April   2007

190

£1,437

£7.56

38

Please note:- The exact sessional rates vary as Local Authorities set their own level... this variation is minor (we know some paying £8 per session and others slightly less than the £7.56.

You can only sacrifice the amount that remains once the grant has been deducted from the nursery fees.

Information on Nursery Education Grants can be found at www.direct.gov.uk or by telephoning your Local Authority. Your nursery should also be able to help and will be able to advise you when the level of grant and / or number of allowable sessions changes.

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5. What if I want to change my childcare requirements (e.g. change of carer, child goes to school, change from a part-time to a full-time place) after joining the Childcare Scheme?

Contact Kidsunlimited by email, telephone or fax informing them of the change. If the reason for the change is acceptable, a letter will be issued to you agreeing the change. Approval of the requested change is at the discretion of Home Retail Group. If approved your salary will be adjusted accordingly and the amendment to your employment contract will be updated.

Please note, you should keep your salary sacrifice amount constant to satisfy HMRC rules but you can make flexible payments to your childcare provider.

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6. Are there any restrictions on eligibility for the salary sacrifice scheme?

There are certain limits to eligibility, in particular that you must earn more than the National Minimum Wage and the Earnings Threshold, currently £5.52 per hour and/or more than £105 per week (2008/09). (NB parents in receipt of the Childcare Element of the Working Tax Credit should seek further guidance before participating in a salary sacrifice scheme).

If you are currently on maternity leave, adoption leave or on long term sickness and not in receipt of pay from the Company, you will not be able to participate in the Childcare Scheme until you return to work.

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7. How will the Working Tax Credit and the Childcare Element be affected?

Employees who opt for the childcare scheme are not eligible to claim the Childcare Element of Working Tax Credit in respect of the childcare payments made under the Childcare Scheme. This is because the childcare payments are treated as being paid by the employer rather than by the employee.

However, members of the Childcare Scheme may receive more Working Tax Credit and Child Tax Credit because their gross salaries will be reduced by the amount of the childcare paid and therefore their income assessed for Tax Credit purposes will be less.

So, if you are receiving the Childcare Element of the Working Tax Credit then you need to check the effect of salary sacrifice on your entitlement. You may be better off retaining the Childcare Element.

If you are not entitled to the Childcare Element then you are almost certain to benefit through salary sacrifice and it is possible, as salary sacrifice is actually a reduction in your salary, that this in fact increases your entitlement to other Tax Credits.

Each family situation is unique, therefore you should always take advice regarding Working Tax Credits and the Childcare Element. The Tax Credits Helpline is 0845 300 3900.

The website is: www.taxcredits.inlandrevenue.gov.uk

Further information is also available on the HM Revenue & Customs (HMRC)
website www.hmrc.gov.uk/childcare
or by calling 0845 300 3900
.

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8. Will participating in the scheme affect the statutory maternity payment I get?

Your maternity benefit will not be affected by participating in the scheme. You will be automatically removed from the childcare scheme when you transfer to the maternity payroll, because you cannot sacrifice a statutory payment such as Statutory Maternity Pay.

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9. Do I have to declare my participation in the Home Retail Group Childcare Scheme to the Revenue?

No - the cost of your childcare under this scheme is not a tax liability on you.

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10. What is a Life Change Event?

The Childcare Scheme depends on a commitment by yourself, Home Retail Group and the childcare provider over a minimum 12 month period and the amount you sacrifice in each pay period must be constant. If your arrangements are likely to change frequently then you would need to use the flexible payment option whereby your salary sacrifice remains constant and you manage (via the internet, telephone supported by fax or email) your payments. You then control when, how much and which carer to pay. Some employees choose to “annualise” their expected fees giving a monthly average which they then sacrifice.

In the event that you experience a “Life Change Event”, you may either choose to withdraw from the Childcare Scheme or make changes to your salary sacrifice arrangements. You will need to give two weeks written notice before the start of a payment period to change or cancel the agreement. You must also notify kidsunlimited as soon as you give (or receive) notice that your employment will terminate. The leave date must be the last day of a pay period.

Failure to inform kidsunlimited of your circumstances will result in you remaining in the Childcare Scheme, and making childcare payments, which you may not want or be able to use.

A “Life Change Event” is:

  • leaving to go on maternity leave, parental leave, paternity leave or adoption leave;
  • returning from maternity leave, parental leave, paternity leave or adoption leave;
  • termination of your or your partner’s employment;
  • change of your or your partner’s employment or hours of work;
  • relocation - home or office;
  • death of a family member or dependant which effects your use of the Childcare Scheme;
  • marriage, divorce or legal separation;
  • significant change in childcare arrangements/circumstances, e.g., child starts school;
  • long term sickness, or starting receipt of long-term disability benefit,
  • returning from long-term disability;
  • long term sickness of a child; or
  • the ending of a Life Change Event (eg, the end of maternity leave)

It is your responsibility to give the correct notice to your childcare provider if you leave the scheme.

Membership of the Childcare Scheme will end if your employment terminates. Your last deduction will be the pay period before you leave. Any money that remains in your account can be used to pay your childcare in the future. It is not possible to refund any balance in your account once you have left the Company.

If you leave the Scheme but remain with the Company, it may be possible to refund any remaining money in your account through the payroll. Any amount that relates to a ‘balancing payment’ ie it’s been deducted from net pay, will be paid to you directly by kidsunlimited. If it relates to a reduction from your gross pay, it will be subject to tax and national insurance deductions at the rate due when the refund is made.

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11. Can I rejoin the salary sacrifice scheme at a later date?

Normally you will not be able to apply to and rejoin the Childcare Scheme for a period of 12 months after you have withdrawn. However, you may apply to rejoin the Childcare Scheme at any time if you wish to rejoin because of a Life Change Event including the ending of a Life Change Event.

Rejoining the Childcare Scheme will always be subject to eligibility, the scheme rules, and terms and conditions of the Childcare Scheme, your acceptance of a change to your contract of employment and the Childcare Scheme continuing in existence.

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12. Will I always be able to use the Childcare scheme whilst I am employed within Home Retail Group?

Yes, as long as the Childcare Scheme continues in force subject to continuing HMRC approval, and providing that you continue to earn a salary payment that remains above the Payment Protection Level.

Ending of your employment for any reason automatically requires you to leave the Childcare Scheme.

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13. Will I lose any pension benefits by sacrificing part of my salary?

Pension contributions will continue to be based on the pre-sacrificed salary. It is possible that an adjustment may have to be made if you are making Additional Voluntary Contributions (AVCs) near to the maximum of 15%. Should you think this may affect you please contact the Pensions Team.

In addition, participation will result in a small reduction in your State Second Pension (S2P) if you are contracted in to S2P. There will be no impact on your basic state pension. If you have any queries regarding your state pension benefits then please contact the Pension Team.

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14. My partner's employer offers a similar scheme. Which one should we join?

Providing you are eligible, the HRMC regulations will allow you to participate in both schemes. You will both qualify for the tax and national insurance exemptions, so you can make double the savings.

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15. What happens when I qualify for a salary increase e.g. national pay award or salary increment?

In the case of salary increases the percentage increase will be on the Base salary, i.e. the gross pay before reduction.

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16. If I apply for a mortgage, a loan or a similar financial transaction, what should I quote as my earnings?

You should quote your Base salary, ie pre-sacrifice salary.

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17. What happens if I work additional hours; what rate will I get paid?

Any additional hours worked will be paid on the basis of your Base salary.

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18. I currently participate in SMART Pensions, can I also participate in the childcare scheme?

You will be able to participate in both schemes providing you meet the eligibility criteria and participation does not reduce your pay below the Payment Protection Level referred to on page 4 of the Scheme rules.

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19. What if I can only participate in one scheme, can I choose which one to join?

Yes this is entirely your choice subject to the requirements mentioned above.

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