Housing Benefits For Self Employed Romanian

ellesinore

Hi everyone,

I am a Romanian national who moved over to England in January of this year from Spain where I was living for a few years. As a Romanian national I currently have no right to work in an employed position here in the UK. Under European law I am however allowed to work in the UK in a self employed position. I am currently working as a self employed interpreter but the wages are very low while I am establishing a client base.

I have applied for and been given a National Insurance number and a yellow card which gives me the right to be self employed here. That was a struggle in itself and took me 6 months to get.

I have now applied for help with my housing costs through housing benefits but my request was rejected on the basis that I should be self sufficient. It is worth noting that I have not got a self sufficient yellow card but instead a self employed yellow card.

From what I have read as a self employed Romanian here in the UK I have the same rights as any other EEA national. Which means I have the right to receive housing benefit if I am in a time of need. Which I definitely am.

I will be submitting an appeal to the local council but need some help in what I can say. My argument will be that as a self employed Romanian I should be treated as any other EEA national. I believe this is European law.

If someone could help me to find which European law this is exactly I can quote it in my appeal.

Also if you have any more thoughts on how I should appeal this please do help.

It would be good to also get the decision makers guidelines that refer to my case so they can see that they are wrong in rejecting my application.

Thanks for helping!:beer:

Poppie68

ellesinore wrote: »

Hi everyone,

I am a Romanian national who moved over to England in January of this year from Spain where I was living for a few years. As a Romanian national I currently have no right to work in an employed position here in the UK. Under European law I am however allowed to work in the UK in a self employed position. I am currently working as a self employed interpreter but the wages are very low while I am establishing a client base.

I have applied for and been given a National Insurance number and a yellow card which gives me the right to be self employed here. That was a struggle in itself and took me 6 months to get.

I have now applied for help with my housing costs through housing benefits but my request was rejected on the basis that I should be self sufficient. It is worth noting that I have not got a self sufficient yellow card but instead a self employed yellow card.

From what I have read as a self employed Romanian here in the UK I have the same rights as any other EEA national. Which means I have the right to receive housing benefit if I am in a time of need. Which I definitely am.

I will be submitting an appeal to the local council but need some help in what I can say. My argument will be that as a self employed Romanian I should be treated as any other EEA national. I believe this is European law.

If someone could help me to find which European law this is exactly I can quote it in my appeal.

Also if you have any more thoughts on how I should appeal this please do help.

It would be good to also get the decision makers guidelines that refer to my case so they can see that they are wrong in rejecting my application.

Thanks for helping!:beer:

Have you:
Got a
a letter from the HMRC (tax authority) saying that you have registered to pay tax and national insurance as self-employed
a copy of the application you have made to HMRC to pay tax and national insurance as self-employed
proof that you are running a business such as receipts, invoices, promotional materials, etc.

Housing_Benefit_Officer

You have to work for 1 year without a break in this country before you can claim benefits - however this rule ceases 31st December 2013. You currently can't claim Housing Benefit. From 1st January 2014 you can.

A2 nationals are people from Bulgaria and Romania. In order to have a right to reside for Housing Benefit purposes, people from these states must comply with a Home Office Workers Authorisation Scheme during the first twelve months of their employment in the UK. They must get a worker’s authorisation card before taking up employment or apply to the work permit scheme.

Some people are exempt from this rule. Exempt groups include:

those who are self-employed or self sufficient or who have completed twelve months authorised work;
highly skilled migrants with confirmation of the right to unconditional access to the UK labour market;
those in the UK and entitled to work without restriction on 1 January 2007;
family nationals of EEA nationals, UK nationals and persons with indefinite leave to remain;
students who intend to work less than 20 hours per week with a registration certificate confirming a right to access the labour market.
A2 nationals who are in authorised work or who are in exempt groups are entitled to claim Housing Benefit. From the end of 2013, all A2 nationals will enjoy the same rights as other EEA nationals. The rules stating that A2 nationals must register with the Home Office Workers Authorisation Scheme and have twelve months uninterrupted employment will be abolished.

ellesinore

Hi, I have applied to HMRC to pay taxes and NI and have this proof along with my accounts that I am self employed. So if I am self employed then does that mean that I should be treated as any other EEA national and be able to claim housing benefit?

ellesinore

Just a bit further info it states in their letter that "your home office papers clearly state that you have the right to live in the UK on a self-sufficient basis. claiming housing benefits would not be self sufficient."

This isn't correct as it does not state "self sufficient" on my yellow card it states "self employed" which is a different criteria for been given the right to reside.

princessdon

How have you paid rent for the last 6 months or however long you have been in the country?

ellesinore

I have come here with savings but my options to work here are limited due to not being able to take an employed position. I have taken on the challenge of being self employed and I am building up clients but it takes time.

I would prefer not to get into a personal debate, my only wish is to clarify the legal position.

My own research would suggest that:

Under European law I have the right to live and work as a self employed person in the UK.

In the decision makers guide chaper 7 (People from abroad) it states:
Not a person from abroad
[See HB Memo Vol 4/13]
7019 There are a number of categories of persons who are not a person from abroad1
1. a worker or self-employed person for the purposes of Council Directive 2004/38/EC or anyone who retains that status

I have proof that I am genuinely self employed and by that logic then therefore I should be treated as any other EEA national who is self employed.

Housing_Benefit_Officer

ellesinore wrote: »

I have come here with savings but my options to work here are limited due to not being able to take an employed position. I have taken on the challenge of being self employed and I am building up clients but it takes time.

I would prefer not to get into a personal debate, my only wish is to clarify the legal position.

My own research would suggest that:

Under European law I have the right to live and work as a self employed person in the UK.

In the decision makers guide chaper 7 (People from abroad) it states:
Not a person from abroad
[See HB Memo Vol 4/13]
7019 There are a number of categories of persons who are not a person from abroad1
1. a worker or self-employed person for the purposes of Council Directive 2004/38/EC or anyone who retains that status

I have proof that I am genuinely self employed and by that logic then therefore I should be treated as any other EEA national who is self employed.

No you won't because you are Romanian. You only came here in January and you have not been working continuously for 12 months.

The Government have put restriction on you. You must be self employed for 12 months. You won't get any Housing Benefit until the 1st January 2014 when the rules change. Reapply in the new year.

NYM

According to this link specifically regarding Bulgarians, Romanians and Croatians

http://www.housing-rights.info/02_8_Bulgarians_Romanians.php

it states....

If you are self-employed, a student or self-sufficient person

If you are self-employed, a student or self-sufficient your rights are the same as other EEA nationals with the same status


and on Shelters website :

http://england.shelter.org.uk/get_advice/homelessness/eu_and_eea_nationals/rights_of_a2_nationals#self-employed_a2_nationals

Self-employed A2 nationals

If you are a Bulgarian or Romanian national who is self-employed in the UK, you do not need to register with the Worker Authorisation Scheme. However, you should register with HM Revenue and Customs so you can pay tax and National Insurance if you earn enough.

If you are self-employed, you can:

• apply for social housing
  
• apply for help from a local council if you become homeless
• apply for welfare benefits.
• If you are self-employed and temporarily unable to work because of sickness or an accident, you continue to have these rights.
  

When will restrictions on working be lifted?

From 2014, all Bulgarian and Romanian nationals will have the same rights as EEA/EU nationals with full rights. The extra need to register under the Workers Authorisation scheme finishes at the end of 2013.


Correct me if I've read it wrong...but I've interpreted the above to mean that as a self-employed person they are entitled to receive housing benefits and/or welfare benefits now and from January 2014 ALL (students, employed and un-employed) will be entitled....

:undecided

ellesinore

From the housing benefits own decision makers guide:

7115 This scheme operates in a similar manner to the WRS for A8 nationals. The essential difference being that A2 nationals are required to seek permission from the Home Office to take up work. The social security provisions are virtually identical to those for A8 nationals.

I have exercised my treaty rights and have obtained permission from the home office stating that I am Self Employed.

1 The Accession (Immigration and Worker Registration) Regulations 2004, reg 5(2); 2 reg 5(4); 3 reg 4(2)
7109 There is no restriction on A8 nationals who exercise other Treaty rights. Therefore self-employed persons, self-sufficient persons and students are treated in the same way as existing European Economic Area nationals.

This to me says that I should be treated as any other self employed EEA national.

FBaby

I hope you do well, your English is amazing. Is you Spanish as good? Do you have translation qualifications?