Paragraph 4

(1)

A person who–

(a)

is–

(i)

the family member of a person mentioned in paragraph 3(1)(a); or

(ii)

is entitled to the payment of an allowance by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers^f1, as extended by the EEA agreement;

(b)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant day; and

(c)

subject to sub-paragraph (2), is ordinarily resident in Scotland on the relevant day.

(2)

Sub-paragraph (1)(c) does not apply where the person is a family member of a person falling within paragraph 3(1)(a)(iii) or (iv).

Annotations

Footnotes

f1: O.J. No. L 257, 19.10.68, p.2 (O.J./S.E. 1968(II) p.475), amended by Council Regulation (EEC) No. 2434/92 (O.J. No. L 245, 26.8.92, p.1).