Conditions of eligibility

Neither the person nor his or her partner may be claiming universal credit
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1
A person meets the condition of eligibility in this section if, at the date of the declaration—
a
universal credit is not payable to the person in respect of any relevant assessment period (see subsection (2)), and
b
there is no subsisting claim that would result in universal credit becoming payable to the person in respect of a relevant assessment period.
2
In subsection (1) “relevant assessment period”, in relation to a declaration of eligibility, means any assessment period (within the meaning of the relevant legislation) that includes—
a
the date of the declaration, or
b
the whole or any part of the entitlement period for which the declaration is made.
3
For the purposes of subsection (1) universal credit is payable to a person in respect of a relevant assessment period if it would be so payable but for the reduction of the award of universal credit to nil under the relevant legislation.
4
In the case of a declaration of eligibility made for the purposes of opening a childcare account, the reference in subsection (2) to the entitlement period for which the declaration is made is to be read as a reference to the period of 3 months beginning with the date of the declaration.
5
Regulations may specify other circumstances in which a person is to be treated as meeting, or not meeting, the condition of eligibility in this section.
6
In this section “the relevant legislation” means—
a
Part 1 of the Welfare Reform Act 2012, or
b
any provision made for Northern Ireland which corresponds to that Part of that Act.