Housing Benefits For Self Employed Romanian

[Deleted User]

ellesinore wrote: »

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.

As you clearly think that you know more on the subject than those trying to give advice here, I suggest that you don't really want any. Noapte Buna!

NYM

...A2 nationals who are in authorised work or who are in exempt groups are entitled to claim Housing Benefit...

As you are in an exempt group... it would appear you are entitled to Housing Benefit.

sleepless_saver

ellesinore wrote: »

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

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.

Nothing wrong with your logic. http://www.housing-rights.info/02_8_Bulgarians_Romanians.php

I think Housing Benefit Officer may be thinking of the position of Romanians who were either authorised or exempted workers who attained the status of other EEA nationals after 12 months. You are self employed rather than authorised or exempted and as far as I can see the 12 month limit would not apply to you. http://www.housing-rights.info/03_8_Bulgarians_Romanians.php#housing-and-benefits

ellesinore

I know you all have some strong opinions on the subject but I am not here to start a debate I am here to construct an argument for an appeal. If anyone has any information that I can use for that appeal please do let me know. I have drafted the following letter of appeal from information I have found:

I am writing to you with regards to your letter dated October 2013 denying my application for housing benefits.

In that letter it is stated 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 statement is incorrect as it does not state "self sufficient" on my home office papers it in fact states "self employed" which is a different criteria entirely than “self sufficient” or indeed “student”
Under European law I have the right to live and work as a self employed person in the UK and I am exercising that treaty right. As a self employed person I should be treated as any other self employed EEA national.
I would like to draw your attention to some parts of the decision makers guide that can be found in chapter 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 therefore I should be treated as any other EEA national.
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.

If as stated in 7115 A8 nationals are virtually identical to A2 nationals then the above statement confirms that I should indeed be treated as any other EEA national.
In light of this information that I am bringing to your attention I request the decision be appealed and that you re-asses my case as any other case for a self employed person.
I look forward to hearing from you soon.

ellesinore

sleepless_saver wrote: »

Nothing wrong with your logic.

I think Housing Benefit Officer may be thinking of the position of Romanians who were either authorised or exempted workers who attained the status of other EEA nationals after 12 months. You are self employed rather than authorised or exempted and as far as I can see the 12 month limit would not apply to you.

Thank you sleepless saver if I can find legislation that states this I can add this to my appeal.

tomtom256

Self sufficient and self employed can be seen as being the same thing and it would appear that it is being interpreted that way by your LA.

Looking at your posts here you know were you stand and what the legislation states so just go with that.

It does not appear that you need help to obtain access to welfare funds.

ellesinore

Nationals of Bulgaria, Romania or Croatia who are self-employed including those in businesses where the profits are fairly limited (e.g. selling the Big Issue: [2011] UKUT 494 AAC) or who are temporarily unable to work due to sickness (EEA Regulations, Regulation 6(3)) are not subject to worker authorisation and are treated as any other EEA national. The same is true of those that have completed their 12 months qualifying period in authorised work or who are exempt from worker authorisation (Worker Authorisation Regulations, Regulation 2).

NYM

I will never buy another copy of the 'Big Issue'.....:(

sleepless_saver

NYM wrote: »

I will never buy another copy of the 'Big Issue'.....:(

This case last year got a lot of publicity (specially in the M@il).
http://www.insidehousing.co.uk/legal/romanian-big-issue-seller-wins-benefit-fight/6520002.article

The criterion that should be used following the guidance is that the self employment is "genuine and effective", obviously some local authorities take this to mean the same as self sufficient.

Teahfc

Your English and knowledge of the law is exceptional, you are either a natural Brit testing the water or a hugely educated person.
With such knowledge why have you not taken up your injustice with a solicitor rather than post on a message board?
Everything you have said and the timings point to me of you being a wum.
I hope I am wrong and you are who you say you are.