A8 claimant/A2 partner

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    We have an appeal from an A8 claimant who is self-employed but on maternity leave. We have refused her as not economically active but she has appealed stating that Maternity Allowance allows her 10 days work (Keeping In Touch days) during her maternity leave which she is doing one day per fortnight so she says she is still self-employed just on maternity leave! Can I pay her as a self-employed person?

    As an additional query, her partner is A2 self-employed builder but we have said he can’t claim because his passport says he has limited leave to remain till 2/1/08 with no recourse to public funds. He is able to work as authorised by the Secretary of State. My question is, as Romania is an EEA country since 1/1/07, surely the no recourse to public funds condition no longer applies? As a self-employed A2 national is he not automatically entitled to benefit?

    Can I pay this claim on the basis of his work even if I can’t pay her? Would I need to get them to change claimant?

    Many thanks.


    I think you can pay on either of them, your claimant still counts as self – employed (there is a CD in HBINFO caselaw, but sorry can’t remember it off the top of my head) and I think the partner counts as exempt because he is currently self employed.


    Thanks chacha I’ll look for the CD.

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