Self employed HB claim

13

Comments

  • If I give them evidence of my earnings week to week, won't they eventually pay? After all if I'm earning an income that is roughly equal to the minimum income whatever they call it or higher, that would make me eligible, don't you think? If it's ultimately based on income and I can show them what it is, surely they'd say yes after they've seen some bank statements over a few weeks.
  • If I give them evidence of my earnings week to week, won't they eventually pay? After all if I'm earning an income that is roughly equal to the minimum income whatever they call it or higher, that would make me eligible, don't you think? If it's ultimately based on income and I can show them what it is, surely they'd say yes after they've seen some bank statements over a few weeks.

    Yes - if genuine and effective work there should be no problems.

    You qualify for permanent residence status so they should have stopped your claim and treated you as a person from abroad.

    They may have made an error by stopping your previous claim.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/555008/a6-2014.pdf

    Current position and unaffected cases
    4. Workers, the self-employed, and those who are not currently employed but who
    retain their worker status, are required under the European Union (EU) treaties to
    have the same access to social security as nationals of the host Member State.
    EEA nationals exercising their treaty rights to live and work in the UK have a right
    to reside and are exempt from the Habitual Residence Test (HRT) due to HB
    Regulation 10(3B)(a) to (c) and have full access to HB if they are workers, selfemployed,
    or retain their worker or self-employed status.

    Permanent residence status

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/449157/a8-2015.pdf

    G e n ui n e a n d Eff e cti v e W or k

    073049 onwards

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/690047/dmgch0703.pdf
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • Well it's good to know that whatever they say I can get hb once I start telling them what I'm earning.

    However there might be a bit of an issue. I believe I'm going to be getting paid monthly, meaning that I won't have anything to show for a few weeks.

    Also is there any chance of getting it backdated to when they stopped?
  • Well it's good to know that whatever they say I can get hb once I start telling them what I'm earning.

    However there might be a bit of an issue. I believe I'm going to be getting paid monthly, meaning that I won't have anything to show for a few weeks.

    Also is there any chance of getting it backdated to when they stopped?

    Appeal for backdating. Looks like they might have applied wrong rules.
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • Appeal for backdating. Looks like they might have applied wrong rules.

    You mean all the way back to when they stopped it? Sure I'd like to but I thought they could only go back 1 month (which by the way I have already asked to backdate it 1 month prior to the date of this current claim).

    I'm still waiting for them to reply to me after I disputed their letter. I have no idea what they're going to say or what I can do if the answer is still no.
  • I have received a reply from the council.

    When I wrote to them I questioned what they were asking me to provide (earnings from the start of my last claim all the way to now, and ID (even though I'd already given them this).

    I was expecting them to explain their request, but they haven't. Instead they've responded in a way that I would never have expected. They are now saying that I am not eligible for housing benefit because my area is a universal credit (full service) area. I have checked and it seems that it has been so for some time. This means that their original response to me was pretty much totally irrelevant to begin with.

    So what does this mean? I will of course apply for it. I have done some basic research into universal credit and from what I understand you can get (formerly) housing benefit even if you have no income at all. I certainly don't plan to have nil income, but at least it would take some pressure off because presumably I wouldn't need to be earning a "significant amount" to qualify for "housing benefit".

    Have I got that right?
  • SORRY FOR THE DUPLICATE POST.

    I have received a reply from the council.

    When I wrote to them I questioned what they were asking me to provide (earnings from the start of my last claim all the way to now, and ID (even though I'd already given them this)).

    I was expecting them to explain their request, but they haven't. Instead they've responded in a way that I would never have expected. They are now saying that I am not eligible for housing benefit because my area is a universal credit (full service) area. I have checked and it seems that it has been so for some time. This means that their original response to me was pretty much totally irrelevant to begin with.

    So what does this mean? I will of course apply for it. I have done some basic research into universal credit and from what I understand you can get (formerly) housing benefit even if you have no income at all. I certainly don't plan to have nil income, but at least it would take some pressure off because presumably I wouldn't need to be earning a "significant amount" to qualify for "housing benefit".

    Have I got that right?
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    You should definitely apply for UC. You will be entitled to a basic amount plus housing costs (housing benefit replacement). However they may assume that you are earning a certain amount from self employment regardless of whether you actually are. They will need evidence self employment.

    Shocking that local authority did not tell you immediately that you are in UC area and could not apply for HB.:
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti wrote: »
    You should definitely apply for UC. You will be entitled to a basic amount plus housing costs (housing benefit replacement). However they may assume that you are earning a certain amount from self employment regardless of whether you actually are. They will need evidence self employment.

    Shocking that local authority did not tell you immediately that you are in UC area and could not apply for HB.:

    Does this mean that I will get "housing benefit" (I know there's a 5 week wait) without having to prove any past income? To be honest I'm not really earning much right now. If so, could I get it backdated to when they stopped it a few months ago?
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Backdating of UC is very limited (maximum 1 month) and you have to have a good reason for not claiming sooner. If the DWP had given you incorrect information that could be a good reason, I’m not sure bad information from the local authority will count.

    Whether or not you get paid something will depend on what the DWP assume about your earn8ngs. As per previous post they can treat the self employed as earning a certain amount even if they are not.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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