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Paragraph 6 Workers, employed persons, self-employed persons and their family membersI1

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—

(i)

an EEA migrant worker or an EEA self-employed person;

(ii)

a Swiss employed person or a Swiss self-employed person;

(iii)

a family member of a person mentioned in paragraph (i) or (ii);

(iv)

an EEA frontier worker or an EEA frontier self-employed person;

(v)

a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)

a family member of a person in (iv) or (v);

(b)

subject to sub-paragraph (2)—

(i)

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

(aa)

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

(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 territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date.

(2)

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Annotations

Commencement

I1

Sch. 1 para. 6 in force at 30.4.2006, see reg. 1