ba

he is, in respect of any week in any tax year preceding the relevant benefit year, a person who—

i

is entitled to be credited with earnings or, as the case may be, contributions in accordance with regulation 9D of the Social Security (Credits) Regulations 1975 (credits for certain periods of imprisonment or detention in legal custody), or

ii

would be so entitled had he made an application to the Secretary of State for the purpose of that regulation;