Hi Nick
I think you could think about the problem like this:
1- A8 national. Is self employed. She is exempt form R2R & HRT. can claim all in work benefit, such as wtc/ctc/hb/ctb/cb etc.
2- She is not a self-employed person . She cannot get jsa as the 2004 Accession registration reg prohabits her, becasue she has not completed 12 months of registered work. see reg 7 and 8 of the 2004 regs.
3- So what can she do, if no longer self-emplyed? There will be no benefit avilable to her, other than getting a registerd job, then, she will be exempt again from R2R & HRT and can then claim all inwork benefit (see above).
4- If she wants to remain as self emplyed, then if may argue the points Commissioner Mesher made in R1S/6/00 ( see my last post) to get back on all in work benefit.
5- if she has completed her 12 months registered work, then she can claim jsa, and hb etc no problem.
6- As it stands, given that she has not ( as you say) copmleted the 12 months, then how she is getting jsa, I do not know. HB ( see reg 10 of the hb regs 2006) will be paid because ibjsa is paid, but should it?
7- if, there is no entitlment to jsa and she has been wrongly getting it then defence may that she legitimately was receiving jsa
|