income based JSA & housing benefit for a self-employed A2 national. - Please HELP!

Marius87

Hello,

I am not sure if you'll be able to answer my question but if you can I will really appreciate it.

I am a self-employed Romanian and I have been reading and trying to figure out if I am entitled to income based JSA and HB as the law says as a A2 national I might be subject to the HRT but another EC law says that as a self-employed person I automatically by-pass the HRT and have the same rights as any other EU national because I have a right to reside as a self-employed person. which would qualify me for benefits, but one of the requirements to qualify for JSA is to be entitled to work in the UK and as a self-employed A2 national I can not take on any employment besides for self-employment.
I also found this in a DWP publication:
071313 However, where an A2 national, who has been working as a self-employed person,
becomes unemployed, he does not retain the status of a self-employed person. If
he seeks work, he will be treated the same as other A2 nationals who are seeking
work (see DMG 071304). This means he will only have a right to reside as a
“jobseeker”1 for the purpose of the definition of “qualified person” if he is in an
exempt category (see DMG 071307).
1 Accession Regs 2006, reg 6(2)
but I should not be classed as unemployed because I am still doing a few hours of work every week ....
are there any loopholes worth exploring ?
Basically I had a turnover of £5,000 in the last year and a £3,000 profit but now there is almost no work available so .. If I get 10 hours of work / week I'm happy... I'm struggling to survive and pay rent as I have almost no income... should I be entitled to any benefits ?
Also can I get legal aid to be represented in a benefit tribunal if my claims get turned down ?
Is there any way I can get a interim payment whilst my claims are fully assessed / speed up the assessments of my claims ?
I really need help with this matter ...

Thank you very much.

NASA_2

Have you worked for a year?

Marius87

ESA wrote: »

Have you worked for a year?

Hi, I've been in self-employment for over 1 year but I do not think that counts in order to get a blue card ( unrestricted access to the work market ).... the law is a bit unclear about that cos it also says 'authorized work' whcih could count as self-employment... not sure ...

NASA_2

This link may be of some use http://england.shelter.org.uk/get_advice/homelessness/eu_and_eea_nationals/rights_of_a2_nationals#4 you may have already seen it.

Marius87

ESA wrote: »

This link may be of some use you may have already seen it.

thanks, yeah I did... it's a really complex area of law with UK and EC law going head to head so I really need a solicitor to answer this one or somebody who worked/works for DWP and did self-employed A2 national claims assessments...
Thanks