A2 Self-employed only works few hours

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  • #35523
    jmosavat1
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    A2 national self-employed more then one year (doing about 45 hours p/wk) goes on maternity leave (Mar 07) and receives maternity allowance from Jul 07. However whilst on maternity leaves does 5 hours p/wk cleaning (about £40 p/wk) from Sept 07. After maternity allowance ends (Feb08) continues doing only 5 hrs p/wk cleaning. From May 08 the person she cleans for moves and she can’t work for her anymore so she starts self-employed cleaning for someone else but only does 2 hours p/k (@£7.50 p/hour). Whilst working 2 hours tries to get JSA(IB) and is refused but states she was actively seeking work 3-4 hours per day which she reckons should count twoards being self-employed (think she is trying to stretch the “meaningfully” employed bit). Applies for HB Oct 07. Can she get HB?.
    Also has residence permit Feb06-Feb08 limited leave to remain, which states able to work as authorised by secretary of state but no recourse to public funds

    #99556
    Kay_Tade
    Participant

    [quote:41379153a3=”jmosavat1″]Also has residence permit Feb06-Feb08 limited leave to remain, which states able to work as authorised by secretary of state but no recourse to public funds[/quote:41379153a3]

    Not quite sure why that is but I suspect it’s to allow her to complete 12 months of legal work before being treated as a full EEA national.

    On the subject of self employed, mind that they are exempt from R2R so no self sufficiency test, as long as you are satisfied the really are self-employed, such as earnings declared to HMRC or classed as self employed for R2R purposes by the Home Office(They are issued permits for this status), then for the period of maternity leave is still classed as self-employed so is still exempt.

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