is a person with protected rights who has F1or had a right not to be charged higher relevant fees by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union17, as extended by the EEA agreement,

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

is ordinarily resident in Scotland on the relevant date.