Childcare Payments Act 2014

11 Neither the person nor his or her partner may be claiming universal credit

(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.