OpenLegislation

Paragraph 10 EC nationalsI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who—

(a)

is an EC national other than a United Kingdom national on the moving date;

(b)

either—

(i)

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

(aa)

is ordinarily resident in England on the date he applies for support;

(bb)

satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or

(ii)

in any other case, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date;

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the moving date; and

(d)

in a case whose ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2)

Where a state accedes to the European Community after the moving date and a person is a national of that state, the person is treated as satisfying the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the moving date.

Annotations

Commencement

I1

Sch. 1 para. 10 in force at 30.4.2006, see reg. 1