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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 December 2016 - onwards
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246. Provision with respect to habitual residence.

(1) A requirement, in any of the provisions specified in subsection (3), for a person to be habitually resident in the State means that -

(a) the person must be habitually resident in the State at the date of the making of the application, and the person must remain habitually resident in the State after the making of that application in order for any entitlement to subsist,

(b) the person is a worker or a self-employed person, residing in the State pursuant to article 7 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 [O.J. No. L. 158, 30.4.2004, p. 77.], from -

(i) a Member State, or

(ii) a member state of the European Economic Area,

(c) the person is a family member of a person referred to in paragraph (b),

(d) where a person referred to in paragraph (b) ceases to be such a worker or such a self-employed person, the person must be habitually resident in the State immediately after the date of such cessation, and must remain habitually resident i

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