OpenLegislation

Paragraph 2 Persons who are settled in the United KingdomI1

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—

(a)

who, immediately before the moving date, is settled in the United Kingdom other than by reason of having acquired a right of permanent residence;

(b)

either—

(i)

in the case of a person who applies for support before the moving date, who—

(aa)

is ordinarily resident in England on the date on which makes that application; and

(bb)

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

(ii)

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

(c)

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

(d)

had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands 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 United Kingdom and Islands in accordance with paragraph 1(8).

Annotations

Commencement

I1

Sch. 1 para. 2 in force at 30.4.2006, see reg. 1