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retained worker status
Hi… my client is an A8 national who has been in the UK for several years. She only registered one job which only lasted 6 mths and therefore she cannot claim retained worker status and cannot get JSA
.
After that job she became self employed and has payed tax and N.I. contributions.
She got pregnant and now has a 2 month old baby and has stopped her self employed work.
Is there such a concept as “retained” self employed status whilst on self imposed maternity leave ?
Would she get Housing Benefit ?
Her partner has left her and she is being evicted for rent arrears.
Have a look at CIS/616/2010.
In CIS/1042/2008 it was accepted that a self employed A8 national who had taken a period of leave from her self employment due to maternity still counted as a self employed person during that period.
The decision is here: CIS/1042/2008
The Commissioner said:
5. As the Secretary of State has conceded, the tribunal went wrong in law, because the 2004 Regulations do not apply to the self-employed. The Secretary of State has also conceded that, as the claimant intended to resume her self-employment after her maternity period, she remained a self-employed person under regulation 21AA(4)(b) of the Income Support (General) Regulations 1987, saying: ‘I can see no difference in treatment that would be afforded to an EEA national who was an employed person intending to return to work after maternity leave to a self-employed person.