6. A person who is an EEA migrant worker who—
(a)may not be required to pay higher fees, or who may not be made ineligible for an award under rules of eligibility, by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement(1), or, where he 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), and
(b)meets the residence conditions referred to in paragraph 9.
(1)
OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II), p.457).