OpenLegislation

Paragraph 9 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 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 England on the date he applies for support; and

(bb)

satisfies the Secretary of State that he 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 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; 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

Commencement

I1

Sch. 1 para. 9 in force at 30.4.2006, see reg. 1