Does self employment ever count towards the period of registered work required?

Self employed are obviously not required to register - so you could have a situation where a self employed A8 works for some years, then self employment ceases but they cannot claim JSA as they haven't been in registered employment.

Also can a former self employed A8 retain worker status - obviously they were not employed but does worker in this context include the self employed?

I 've checked the Accession Regs but cannot find anything.

Thanks!

Hi
I've got drawn into looking this up and so far just came up with references around Article 7(3) of EC Directive 2004/38.
I haven't found a specific answer to your question however I believe that an A8 national could become a workseeker and retaining right to reside under same treaty rights as EEA if worked for more than a year (which accord to above includes self employed) - what I would like to see in black and white is the ability to backdate a registration certificate but I can't find anything on that so maybe another train of thought is required...still thinking about this one though.

Thanks for your reply. I have since clarified the position with CPAG. Self employed A8 nationals are indeed covered by the Directive and this part has not been transposed into the 2006 EEA Regs. So they do have a R2R whilst self employed and the Accession Regs do not apply.

They could also keep their status as a former self employed person under the Dierctive, parallel to the concept of a former worker, and hence have an entitlement to JSA, without completing 1 year's registered employment - initially for 6 months though longer if reasonable chance of securing employment.

My case is abit trickier though - client was self employed for 5 months, then worked ( unregistered ) for 2 months, then claimed JSA - I have to argue that she kept her status as a former self employed person, even whilst working for 2 months - i.e the employment was so short that she did not lose her status as a former self employed person.

Any news of how this went? I've just inherited a Slovakian who was self employed for two years, then spent two months as an employee before signing on!

We won the Tribunal - the Judge accepted that self employed status could be retained albeit that the client was claiming JSA - under Directive 2004/38/EC Article 7 Para 3(b). So in this case an A8 national who had never worked under WRS was entitled to JSA due to her former self employment.

The DWP requested a Statement but well out of time and their request was refused - they may try and take this further as they have obviously woken up to the implications.

However I have another case for an EU national ( not A8 )- self employed ( 18 months )- JSA for 2 months then ill. IS refused due to illness. We ran the same argument i.e retention of self employed status whilst claiming JSA and lost.

Sought permission to appeal to Upper Tribunal - refused by Jacobs of all people who stated no argument on this point.

We beg to differ and have asked him to review his refusal of leave - no decision yet.

I think we need a definitive ruling on this point so I am afraid there is no straight answer at the mo.

Thanks for the update. We'll approach the tribunal with the appropriate levels of hope and expectation.

R2R refusals for JSA self employed A8 nationals continue to be the decisions of the EU team at the DWP. However the argument that the UK government has failed to enact Article 7 of the Residence Directive into the I(EEA) Regualtions and thus the A8 national can rely on the direct effect of the Directive at UK national court ( on both the principle of duality and requirement that a nation should not benefit from its' failure to enact a Directive post the effective date) - this is resulting in success at tribunal. However it is taking a long time for the apellant and it does make me consider whether another approach may be speedier - any ideas? Could "Francovich" damages be persuaded for injury etc?