PART 1INTERPRETATION ETC

“Worker”, “self-employed person”, “self-sufficient person” and “student”4

1

In these Regulations —

a

“worker” means a worker within the meaning of F4Article 39 of the Treaty establishing the European CommunityF4 Article 45 of the Treaty on the Functioning of the European UnionM1;

b

“self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article F543 of the Treaty establishing the European CommunityF5 Article 49 of the Treaty on the Functioning of the European Union;

c

“self-sufficient person” means a person who has—

i

sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and

ii

comprehensive sickness insurance cover in the United Kingdom;

d

“student” means a person who—

F3i

is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—

aa

financed from public funds; or

bb

otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;

ii

has comprehensive sickness insurance cover in the United Kingdom; and

iii

assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

2

For the purposes of paragraph (1)(c), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person—

a

the requirement for that person to have sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;

b

the requirement for that person to have comprehensive sickness insurance cover in the United Kingdom shall only be satisfied if he and his family members have such cover.

3

For the purposes of paragraph (1)(d), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person, the requirement for that person to assure the Secretary of State that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if he assures the Secretary of State that his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden.

F14

For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —

a

they exceed the maximum level of resources which a F6British citizen and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

b

paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.

F25

For the purpose of regulation 15A(2) references in this regulation to “family members” includes a “primary carer” as defined in regulation 15A(7).