A "self-employed person" means a person who establishes himself in another EEA state in order to pursue activity as a self-employed person in accordance with article 43, European Community Treaty (now Article 49 of the TFEU): I(EEA) 2006, reg.4(1)(b). Essentially, this means a person who is working outside a relationship of subordination: see Jany v Staatssecretaris van Justitie, Case C-268/99 at para [34].

A person who is no longer in self-employment shall not cease to be treated as a self-employed person if he is temporarily unable to pursue his activity as a self- employed person as the result of an illness or accident: I(EEA) 2006 reg.6(3).

However, the other categories for retention of worker status applicable to the employed do not apply to the self-employed: see R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397.