3. A person who is an EEA migrant worker who–
(a)is entitled to the payment of an allowance by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where the person is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);
(b)has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant day; and
(c)is ordinarily resident in Scotland on the relevant day.