Deciding whether a person is a self-employed earner is mostly a
question of fact rather than legal interpretation. The fact that a
self-employed person is not currently working does not necessarily
mean that they have ceased to be gainfully employed. To decide if a
person is gainfully employed the decision maker should consider
1) if there is a reasonable prospect of work in the near
future and
2) if the business is a going concern and regarded as such
by
3) if the person is genuinely available for and actively seeking
alternative work and
4) if the person hopes or intends to restart work in the
business when economic conditions improve and
5) if the person is undertaking any activities in connection
with the self- employment and
6) if there is work in the pipeline and
7) if the person is regarded as self-employed by the NICO or
the Inland Revenue and
8) if the person claims to be anxious for work in the
self-employed occupation, trade or business. Is the person making
it known that the business can take on work? For example,
9) if the interruption in question is part of the normal pattern of the
