Sub-paragraphs (c), (f) and (g) of paragraph (1) do not include any person who is a care leaver.

In this regulation—

• “parent” includes any person acting in the place of a parent;

• “care leaver” means—

  1. a

     in relation to EnglandF10..., an eligible child for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989 M1 or a relevant child for the purposes of section 23A of that Act;

  2. b

     F11in relation to Scotland, a person under the age of 18 who—

     1. i

        is looked after by a local authority; or

     2. ii

        has ceased to be looked after by a local authority but is a person to whom a local authority in Scotland is obliged to provide advice and assistance in terms of section 29(1) of the Children (Scotland) Act 1995 or a person who is being provided with continuing care under section 26A of that Act,

     and who, since reaching the age of 14 has been looked after by a local authority for a period of, or periods totalling, 3 months or more (excluding any period where the person has been placed with a member of their family);

  3. c

     in relation to Wales, a category 1 young person or category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014.

• “confinement” means—

  1. a

     labour resulting in the birth of a living child; or

  2. b

     labour after 24 weeks of pregnancy resulting in the birth of a child whether alive or dead, and where a woman's labour begun on one day results in the birth of a child on another day she is to be taken to be confined on the date of the birth.

For the purposes of determining whether a person meets the basic condition to be in Great Britain, except where a person falls within paragraph (4), a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.

A person mentioned in paragraph (1)(a) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty's forces and was, immediately before their posting or the first of consecutive postings, habitually resident in the United Kingdom.

In this regulation—

• “Crown servant” means a person holding an office or employment under the Crown; and

• “Her Majesty's forces” has the meaning in the Armed Forces Act 2006 M9.

In this regulation—

• “continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 M10;

• “designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 M11 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

• “mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

  1. a

     the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and

  2. b

     the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

• “medically approved” means certified by a registered medical practitioner;

• “prescribed area” means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;

• “qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

This regulation applies for the basic condition in section 4(1)(d) of the Act (not receiving education).

A qualifying young person is to be treated as receiving education, unless the person is participating in a F12relevant training scheme.

In paragraph (1A)

• F14“relevant training scheme” means—

  1. a

     a traineeship, or

  2. b

     a course or scheme which—

     1. i

        comprises education or training designed to assist a claimant to gain the skills needed to obtain paid work (or more paid work or better-paid work);

     2. ii

        is attended by a claimant falling within section 22 of the Act as a work preparation requirement or as voluntary work preparation, and

     3. iii

        the claimant has been referred to by the Secretary of State;

• “traineeship means a course which—

  1. a

     is funded (in whole or in part) by, or under arrangements made by, the—

     1. i

        Secretary of State under section 14 of the Education Act 2002, or

     2. ii

        Chief Executive of F13Education and Skills Funding;

  1. b

     lasts no more than 6 months;

  2. c

     includes training to help prepare the participant for work and a work experience placement; and

  3. d

     is open to persons who on the first day of the course have reached the age of 16 but not 25;

A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Secretary of State.

In this regulation “modular course” means a course which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

For the basic condition in section 4(1)(e) of the Act, a person who has accepted a claimant commitment within such period after making a claim as the Secretary of State specifies is to be treated as having accepted that claimant commitment on the first day of the period in respect of which the claim is made.

In a case where an award may be made without a claim, a person who accepts a claimant commitment within such period as the Secretary of State specifies is to be treated as having accepted a claimant commitment on the day that would be the first day of the first assessment period in relation to the award in accordance with regulation 21(3) F4 or (3A).

In a case where the claimant is a member of a couple, but makes a claim as a single person, the claimant's capital is to be treated as including the capital of the other member of the couple.

In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.