Cutting a long story short, a Czech National has recently been rejected at the Appeal Tribunal that she has Right to reside on basis of her not being self-employed. She is a single parent and has ran her own business going between CZ and UK for the last 10 years. The business liquidated recently and she went to the benefits office to ask advice on what benefit to take. They recommended Income Support which they should not have as she was no longer a worker.
The appeals tribunal have based thier decision on the fact that she used PAYE tax deductions and therefore does not qualify as "self-employed" and is rather a director and employee of her company that recently failed.

Question really is; Do I go for Maladministration on the DWP's part or do I go with and error in finding purely based on a tax deduction scheme that she was self employed.

Any help is much appreciated.

Apologies the national is Slovakian, but still falls under same A8 regulations.

If your client has put her business through a corporate legal entity and she has been an employee or director of that entity and had PAYE appropriately deducted then I would suggest that you are going to have an extreme uphill struggle to overturn these facts.

I am a little confused at the enquiry as to whether she needed to be registered, what the status of the work was pre-accession and why you want to argue she is self-employed.

If she was self-employed but no longer is, where does her right to reside come from?

Is she exempt from the registration requirements by virtue of legal work pre-accession?

If she is not exempt did she register herself?

If she is not exempt from the Registration requirements and did not register herself as a worker, has she committed an offence by employing herself?

If she has been a legal worker for 10 years, it might be worth arguing she has a right of permanent residence.