2.—(1) A person who—
(a)is settled in the United Kingdom on the relevant date other than by reason of having acquired a right of permanent residence;
(b)is ordinarily resident in England on the relevant date;
(c)had been ordinarily resident throughout the three-year period preceding the relevant date in the United Kingdom and Islands; and
(d)had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands wholly or mainly for the purpose of receiving fulltime education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).
3. A person who—
(a)is settled in the United Kingdom on the relevant date by reason of having acquired the right of permanent residence;
(b)is ordinarily resident in England on the relevant date;
(c)who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the relevant date; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
4.—(1) A person—
(a)who is a refugee;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being recognised as a refugee; and
(c)who is ordinarily resident in England on the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a refugee;
(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and
(d)who is ordinarily resident in England on the relevant date.
(3) A person—
(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
(c)who was under 18 on the date on which the refugee made the application for asylum;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and
(e)who is ordinarily resident in England on the relevant date.
5.—(1) A person—
(a)with leave to enter or remain;
(b)who is ordinarily resident in England on the relevant date; and
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain;
(b)who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;
(c)who is ordinarily resident in England on the relevant date; and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(3) A person—
(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;
(b)who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;
(c)who was under 18 on the date on which the person with leave to enter or remain made the application for asylum;
(d)who is ordinarily resident in England on the relevant date; and
(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
6.—(1) A person who—
(a)on the relevant date, 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 paragraph (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 in (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in England on the relevant date; and
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
7. A person who—
(a)is ordinarily resident in England on the relevant date;
(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(c)is entitled to support by virtue of article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(1), as extended by the EEA Agreement.
8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;
(c)is ordinarily resident in England on the relevant date;
(d)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(e)in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person (“A”) has exercised a right of residence if A is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if A goes to the state within the territory comprising the European Economic Area and Switzerland of which A is a national or of which the person in relation to whom A is a family member is a national.
9.—(1) A person who—
(a)on the relevant date, is either—
(i)an EU national; or
(ii)a family member of such a person;
(b)is ordinarily resident in England on the relevant date;
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(d)subject of sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(7).
10.—(1) A person who—
(a)on the relevant date, is an EU national other than a United Kingdom national;
(b)is ordinarily resident in England on the relevant date;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and
(d)in a case whose ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
11. A person who—
(a)on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in England on the relevant date;
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case whose ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
12. A person who—
(a)on the relevant date, was the child of a Turkish worker;
(b)was ordinarily resident in England on the relevant date; and
(c)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.
OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) P475).