OpenLegislation

Paragraph 9 EC nationalsF1I1

England and Wales

(1)

A person who—

(a)

is either—

(i)

an EC national on the moving date ; or

(ii)

a family member of such a person;

(b)

either—

(i)

in the case of a person applying for support before the moving date—

(aa)

is ordinarily resident in Wales on the date he or she applies for support; and

(bb)

satisfies the National Assembly that he or she will be so resident immediately before the moving date; or

(ii)

in the case of a person applying for support after the moving date, satisfies the National Assembly that he or she was ordinarily resident in Wales immediately before the moving date;

(c)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date; and

(d)

subject of sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(8).

(3)

Where a state accedes to the European Community after the moving date and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the moving date is treated as being satisfied.

Annotations

Textual amendments

F1

Regulations revoked (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 5 (with regs. 6, 7)

Commencement

I1

Sch. 1 para. 9 in force at 7.7.2006, see reg. 1