Paragraph 5 Workers, employed persons, self-employed persons and their family membersI1

Scotland

(1)

A person with protected rights or a qualifying frontier worker 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 sub-head (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 mentioned in sub-head (iv) or (v),

(b)

has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(c)

subject to sub-paragraph (3), is ordinarily resident in Scotland on the relevant date.

(2)

In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020^f1 who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

(3)

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

(4)

In this paragraph, any description of a person in sub-paragraph (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraph (1)(a)(iii) and (vi) are to be construed accordingly.

Paragraph 5 Workers, employed persons, self-employed persons and their family membersI1

Annotations

Commencement

Footnotes