Not self-employed - do I have to declare myself as such?

larryharvey

I'm a bit worried and a bit angry right now.

In my last Universal Credit work search appointment, this new staff member straight away told me I was self-employed, and that I needed to update my UC profile there and then. If I had had my correct sim card I would have to.

But I questioned why I was down with them as self-employed, and she told me I was recorded as self-employed with HMRC.

I was then sent a message telling me to update my status, from employed to self-employed, in 14 days, and backdate this to when the claim started back in April, or my claim will end.

Well just spoken to HMRC. They have me down as unemployed, and have done since 2018.

I feel like something majorly dodgy is going on here, and that these staff have done something not in my best interests.

What should I do next?

calcotti

larryharvey said: Well just spoken to HMRC. They have me down as unemployed, and have done since 2018...

What should I do next?

Tell UC that they are mistaken. Did you ask HMRC to confirm your status to you so that you could produce this from UC?

larryharvey

calcotti said:

larryharvey said: Well just spoken to HMRC. They have me down as unemployed, and have done since 2018...

What should I do next?

Tell UC that they are mistaken. Did you ask HMRC to confirm your status to you so that you could produce this from UC?

No, but I got the ladies name and I believe all calls are recorded, so won't be difficult to get it under DPA.

tifo

larryharvey said:

No, but I got the ladies name and I believe all calls are recorded, so won't be difficult to get it under DPA.

You'll need to do a 'right of access request' to the dwp for the dates you need info for.

https://secure.dwp.gov.uk/personal-information-request

TheShape

I must admit that I'm unsure how this request/demand from a work coach for the OP to change their status to self-employed has come about.

I can't think of a mechanism to notify a work-coach that a claimant is self-employed (other than a claimant declaring it) and even so, if a claimant hasn't been found gainfully self-employed they are treated as a jobseeker and search for work as any other unemployed claimant.

If there is some kind of compliance activity taking place on the claim a work coach would not normally be getting involved unless they have taken it upon themselves to get involved which they almost certainly shouldn't be doing.

NedS

TheShape said:

I must admit that I'm unsure how this request/demand from a work coach for the OP to change their status to self-employed has come about.

I can't think of a mechanism to notify a work-coach that a claimant is self-employed (other than a claimant declaring it) and even so, if a claimant hasn't been found gainfully self-employed they are treated as a jobseeker and search for work as any other unemployed claimant.

If there is some kind of compliance activity taking place on the claim a work coach would not normally be getting involved unless they have taken it upon themselves to get involved which they almost certainly shouldn't be doing.

Only scenario I can imagine is that the Work Coach may have suspected the claimant may be self-employed and has carried out a search on Companies House and found them to be listed as a Director of a business?

Has the OP ever been a Director of a company? Are they still listed as Director of a company (or were listed at any point during their claim)?

At your next appointment, I would sit down with the work coach and discuss why they believe you are self employed. No doubt you will both be able to come to an agreement based on the available evidence.