Skip to main content

Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord Deighton (Conservative) on Tuesday, 26 February 2013.


Benefits

Question

To ask Her Majesty’s Government how they decide whether someone is self-employed for child benefit purposes; whether national insurance contributions must have been paid previously; and whether child benefit payments are taken into account in assessing whether someone being economically self-sufficient has the right to continue residing in the United Kingdom.[HL5640]

Answer

HM Revenue and Customs (HMRC) determines a claimant’s self-employment status in the same way that it would for a UK national, establishing whether that person had a contract for services with someone who was employing them and that activity was in some way remunerative; or if that person was undertaking some trade or profession and that trade or profession, while not immediately remunerative, was undertaken with the prospect that it would at some time be profitable.

There is no requirement for an individual to have been paid national insurance contributions previously before they can be considered to be self-employed for right to reside purposes.

Before an individual can receive child benefit, they must first have a right to reside.


Secondary information

Type
Written question
Reference
743 c284WA; HL5640
Session
2012-13
Related items
Employment: Self-employed Workers
Monday, 18 March 2013
Written questions
House of Lords
Subjects
Child benefit Migrants Self-employed
Link
View this Written question on www.publications.parliament.uk