PAYE65031 - employment maintenance: employment agencies: receipt of form P46 - agency worker (Action Guide)


When you receive form P46 in respect of an agency worker, follow steps 1 - 20. below The guide is presented as follows

Initial actionSteps 1 - 7
Capture detailsSteps 8 - 12
Code operated is the expected code for P46 Statement BSteps 13 - 16
Code operated is not the expected code for P46 Statement BSteps 17 - 20


Note: All P46 carbon copies should be detached from the form P46 and sent to NICO

For details of how to access any of the COP and TBS functions use the [Index of Functions] button on the left of the screen.

Initial action

  1. If the employer reference is missing and you do not know the reference
  • Use Function EI to trace the employer reference

And then

  • Go to Step 2

Note: For more information on the use of Function EI see PAYE22000 onwards

  1. Use TBS Function FIND TAXPAYER first then COP Function TI to check whether a taxpayer record exists using NINO, name and / or address to search

Note: For more information on using the refined search facility see PAYE102000 onwards

  1. If a record is found note the NINO, employer reference and Management Unit number on the form

Note: For more information on using the refined search facility see PAYE102000 onwards

  1. If a
  • Main source record is found go to step 5
  • Main source record is not found use Function MS and follow the guidance given in PAYE60023
  • Sub source only record(s) is found go to step 11
  1. Use Function BG or TD to view the record and then
  • Follow step 6

Note: For more information about using Function BG see PAYE101000 onwards

  1. If the main source is
  • A live agency employment or a live Jobseekers Allowance (JSA) claim go to steps 8 and 9
  • An agency employment showing a date of leaving or a JSA claim showing a date of termination go to step 7
  • Any other type of employment go to step 7
  1. Use Function MA and follow the guidance given in PAYE62026

Capture details

  1. Use Function MS (Class 3) to create a new sub source record and then
  • Follow steps 9 or 10 only
  1. If the employer is operating code Personal Allowance on a Week 1 / Month 1 basis
  • Use Function CD for CY to
  • Re-code the current year Personal Allowance Week 1 / Month 1 basis
  • Enter the word 'AGENCY' in Format 2 of COP Function CD. This will generate the AGENCY special note explanation on the P2
  • Issue form P6 to the employer
  • Use Function CD for CY+1 to
  • Code CY+1 Code BR

Note: If the CY+1 code is amended after Annual Coding you must issue a separate form P2 with the Customer Service note for CY+1 and if the supplementary review has been run, issue a form P6 to the employer

  • Issue E-form 'Agency SUB record' to the main source office advising of the employment, the code operated and ask for coding instructions if necessary. For example, JSA cases
  • Destroy the form and take no further action
  1. If the employer is not operating the code Personal Allowance on a Week 1 / Month 1 basis
  • Use Function CD for CY to
  • Re-code the current year on a Personal Allowance on a Week 1 / Month 1 basis
  • Enter the word 'AGENCY' in Format 2 of COP Function CD. This will generate the AGENCY special note explanation on the P2
  • Issue form P6 to the employer
  • Use Function CD for CY+1 to
  • Code CY + 1 Code BR

Note: If the CY+1 code is amended after Annual Coding you must issue a separate form P2 with the customer service note for CY+1 and if the supplementary review has been run, issue a form P6 to the employer

  • Issue E-form 'Agency Sub record' to the main source office, advising that your employment is an agency and the codes operated, and in JSA cases also ask for coding instructions
  • Destroy the form and take no further action
  1. Use TBS Function FIND TAXPAYER to check whether a record already exists in TBS. Where a TBS record already exists you will need to consider whether any designatory changes are needed to the TBS record using TBS Functions
  • AMEND TAXPAYER DESIGNATORY DETAILS
  • AMEND TAXPAYER ADDRESS

Note: For more information see PAYE100000 onwards

And then

  • Use Function MS (Class 2) to create a main source record

Notes:

Where a NINO is not known enter ‘P’ in the NINO / Register No field to have a temporary reference number allocated by the computer. For more information see PAYE60035

If the new main source record and existing sub source record are at the same employer reference you must have a different works number for each employment. For more information see PAYE60050

  1. Use Function TA to set the SUB signal and then follow steps 13 - 20

Code operated is the expected code for P46 Statement B

  1. If the employer is operating Personal Allowance on a Week1 / Month 1 basis
  • Check the employment start date
  1. If the employment commenced between the 6 April and 15 June
  • Use Function CD to
  • Code Personal Allowance on a cumulative basis
  • Issue form P2 to the taxpayer
  • Issue form P6 to the employer showing Pay 0 and Tax 0.00
  • Destroy the form P46
  1. If the employment commenced after the 15 June
  • Issue form P91

And then

  • Destroy the form P46
  1. Use Function MR to update the employment history

For the entry required in this situation follow PAYE64016

Code operated is not the expected code for P46 Statement B

  1. If the employer is not operating Personal Allowance on a Week1 / Month 1 basis
  • Check the employment start date
  1. If the employment commenced between the 6 April and 15 June
  • Use Function CD to
  • Code Personal Allowance on a cumulative basis
  • Issue form P2 to the taxpayer
  • Issue form P6 to the employer showing Pay 0 and Tax 0.00
  • Destroy the form P46
  1. If the employment commenced after the 15 June
  • Use Function CD to
  • Code Personal Allowance on a Week1 / Month 1 basis
  • Issue form P2 to the taxpayer
  • Issue form P6 to the employer
  • Issue form P91
  • Destroy the form P46
  1. Use Function MR to update the employment history

For the entry required in this situation see PAYE64016