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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

self-employment “qualified person” Reg 6 I(EEA)Regs 2006

Magdalene
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LSC Welfare Benefits / Birmingham Citizens Advice Bureau

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Total Posts: 4

Joined: 23 September 2010

I am aware of case law that has helped to define who is a “worker” for the purposes of the 2006 Regs and this includes that the work needs to be effective and not marginal or ancillary.

Does anyone know of any cases that have sought to address a definition of “self-employed” person for the purposes of the Regs and in particular whether such work also cannot be marginal or ancillary, or in fact whether the matter has already been looked at and the Tribunals have held that it is the same as for employed people.

I ask because throughout the relevant legislation, including EC Directive 2004/38 workers and self-employed people are always classed as separate categories of people.