Memorandum by the Department for Education and Employment
REGULATIONS 1997 (S.I. 1997/1972)
1. This memorandum responds to the letter from the Commons
Clerk of the Committee to the Department dated 29th October 1997.
The Committee has requested a memorandum on the following point:
"In relation to paragraph 7 of the Schedule (persons
having a UK connection), is it (a) the EEA migrant worker or (b)
the spouse of that worker who must comply with the requirement
in sub-paragraph (a)? "
2. The intention is that the spouse of the worker must comply
with the requirement in sub-paragraph (a), not the migrant worker.
The benefits conferred on persons referred to in the Schedule
are extended to the spouse of a migrant worker, but only if the
spouse's presence in the UK is a result of the migrant worker's
exercise of his or her EEA right of free movement, by being installed
in the UK with the migrant worker. The migrant worker himself
or herself must of course be resident in the UK, as provided for
in the definition of "EEA migrant worker" in regulation
2(6) of the Regulations.
3. The Department is grateful to the Committee for drawing
the Department's attention to the drafting of paragraph 7, which
is not as clear as it might be. In the Department's view the intended
meaning can be gathered by comparing the drafting with that in
paragraphs 6 and 8, which both use the same wording. In each of
those paragraphs it is clear that the requirements imposed in
the relevant sub-paragraphs apply to the "person" referred
to at the beginning of the paragraphs, and the same should be
true of paragraph 7. However the Department will amend the paragraph
to make the intention clearer when amending Regulations are next
31st October 1997