Joint Committee on Statutory Instruments Twelfth Report


Memorandum by the Department for Education and Employment


  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 made.

31st October 1997

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