3.—(1) A person who–S
(a)is–
(i)the family member of a person mentioned in paragraph 2(1)(a); or
(ii)is entitled to support by virtue of Article 12 of the Free Movement Regulation;
(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the qualifying date; and
(c)subject to sub paragraph (2), is ordinarily resident in the United Kingdom and Islands on the qualifying date.
(2) Sub-paragraph (1)(c) does not apply where the person applying for support falls within paragraph 2(1)(a)(iii) or (iv).
Commencement Information
I1Sch. 1 para. 3 in force at 1.8.2007, see reg. 1