laid off - self employed, any entitlements.?

Hello all,

Ive had the dreaded you been laid off news today. tut. Ive been self employed for 5 years. So basically I would like to know if im entitled to claim jobs seekers allowance. I live in a private rented house with my girlfriend.

Also I would like to know if my girlfriend is entitled to claim for anything as she has been told for the next 2 weeks she is on short time, of 1 day a week, or 8 hours.

Does anyone have any advice as if we can have money entitlements/ job seekers allowance or help with rent?

thanks for reading.

Comments

  • Uncertain
    Uncertain Posts: 3,901 Forumite
    I think the first question is are you actually self employed? It may be that you have a case to argue thay you were really and employee. You would then have a whole number of rights.

    I would look at the HMRC, BusinessLink, ACAS and CAB websites. All have guides on this. Just because you pay your NI stamp and your "employer" tries to claim you are self employed does not mean a that is how the law would see it. You could ask HMRC for a rulling.

    You need to press on with this as ET claims need to be made within 3 months. It has to be well worth a look.
  • evosy1978
    evosy1978 Posts: 652 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    thanks for the quick reply.

    Im definately self-employed. I wasnt very clear in my post, but ive been a plasterer for 5 years and ive worked for several companies/agencies. I pay NI class2 and at the end of year when i submit my tax return I pay class 4.

    So do you think im allowed jobseekers allowance if i am self-employed.

    thanks
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    evosy1978 wrote: »
    thanks for the quick reply.

    Im definately self-employed. I wasnt very clear in my post, but ive been a plasterer for 5 years and ive worked for several companies/agencies. I pay NI class2 and at the end of year when i submit my tax return I pay class 4.

    So do you think im allowed jobseekers allowance if i am self-employed.

    thanks

    Best people to talk to are the CAB as it depends on how much money you and your partner have coming in between you, your savings and when you last had work. You may be eligible for income based job seekers allowance. The CAB definitely no the rules.

    Just a word of warning don't ask the job centre staff if you are eligible for benefits as they are likely not to listen to you properly and simply say no. Someone on one of these boards who was self-employed went to the job centre to ask if they were eligible and where told "No". About 18 months later they found they were eligible for it but couldn't prove they were given the wrong information so their claim couldn't be back dated.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • Rince
    Rince Posts: 320 Forumite
    Hi my hubby is a plasterer and hes been ''laid off'' twice now. Hes definately self employed. He went to the CAB and the Jobcenter and was told by both that he couldn't claim job seekers as he was self employed. We went mad. Hes pays NI and tax so why shouldn't he be able to claim.

    Good luck evosy, let us know what CAB says, as like people have been saying, some staff at the Job center dont know what they're talking about. If CAB say your entitled we'll be straight back onto them.
  • evosy1978
    evosy1978 Posts: 652 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hy rinse,

    sorry that doesnt sound good!

    Ill let u know what the CAB say when i go there. But if what they said to you is right then does this mean the 2 million unemployment figure does not include all the thousands of self-employed trades out there. then if thats the case the country has even worse unemployement than we all thought.tut.

    thanks for the advice will let you know what happens.
  • If you are not entitled to Income Based JSA, then you are definitely not entitled to Contributions Based.

    Self Employed NI Conts do not go into the 'benefits pot' unless I think, if you pay the enhanced class 2 rate of approx £8 per week

    From the info you have given here, it does sound like you may be entitled to IB JSA though so get on the phone to DWP tomorrow and get your claim in.
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