PART 1INTERPRETATION ETC
“Qualified person”C46
C21
In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—
a
a jobseeker;
b
a worker;
c
a self-employed person;
d
a self-sufficient person; or
e
a student.
C1C32
F1Subject to F4regulations 7A(4) and 7B(4), a person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—
a
he is temporarily unable to work as the result of an illness or accident;
F6b
he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he—
i
has registered as a jobseeker with the relevant employment office; and
ii
satisfies conditions A and B;
F5ba
he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he—
i
has registered as a jobseeker with the relevant employment office; and
ii
satisfies conditions A and B;
c
he is involuntarily unemployed and has embarked on vocational training; or
d
he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.
F22A
A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.
3
A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.
F34
5
Condition A is that the person—
a
entered the United Kingdom in order to seek employment; or
b
is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1)(b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (ba)).
6
Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged.
7
F98
In paragraph (7), “the relevant period” means—
a
in the case of a person retaining worker status pursuant to paragraph (2)(b), a continuous period of six months;
9
Condition C applies where the person concerned has, previously, enjoyed a right to reside under this regulation as a result of satisfying conditions A and B—
a
in the case of a person to whom paragraph (2)(b) or (ba) applied, for at least six months; or
F9unless the person concerned has, since enjoying the above right to reside, been continuously absent from the United Kingdom for at least 12 months.
10
Condition C is that the person has had a period of absence from the United Kingdom.
11
Where condition C applies—
a
paragraph (7) does not apply; and
b
condition B has effect as if “compelling” were inserted before “evidence”.