Regulation 3 “Worker”, “self-employed person”, “provider” and “recipient” of services, “self-sufficient person”, “retired person” and “student”

(1)

In these Regulations—

(a)

“worker” means a worker within the meaning of Article 39 of the EC Treaty;

(b)

“self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article 43 of the EC Treaty, or who seeks to do so;

(c)

“provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 50 of the EC Treaty;

(d)

“recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 50 of the EC Treaty;

(e)

“self-sufficient person” means a person who—

(i)

has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom; and

(ii)

is covered by sickness insurance in respect of all risks in the United Kingdom;

(f)

“retired person” means a person who—

(i)

has pursued an activity as an employed or self-employed person;

(ii)

is in receipt of—

(aa)

an invalidity or early retirement pension;

(bb)

old age benefits;

(cc)

survivor’s benefits; or

(dd)

a pension in respect of an industrial accident or disease;

sufficient to avoid his becoming a burden on the social security system of the United Kingdom; and

(iii)

is covered by sickness insurance in respect of all risks in the United Kingdom;

(g)

“student” means a person who—

(i)

is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course;

(ii)

assures the Secretary of State by means of a declaration, or by such alternative means as he may choose that are at least equivalent, that he has sufficient resources to avoid him becoming a burden on the social assistance system of the United Kingdom; and

(iii)

is covered by sickness insurance in respect of all risks in the United Kingdom.

(2)

For the purposes of paragraph (1)(e) and (f), resources or income are to be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance.