Regulation 9 The requirement to be in qualifying paid work

For the purposes of the Act, a person is in qualifying paid work if F1the person or any partner F2holds a National Insurance Number (“NINo”) and—

The requirement to hold a NINo in F8paragraph (1) does not apply to a person’s partner who is resident and in paid work in F9a prescribed state.

For the purposes of this regulation, where a person—

that person is to be treated as in paid work as an employed person during the applicable period.

In this regulation—

• “applicable period” means, in respect of a person (“P”) the period specified in the entry in column 2 of the table which corresponds with the entry in column 1 of the table which contains, at the date that P makes the declaration of eligibility, P’s expected work start date.

  Column 1	Column 2
  P’s expected work start date falls in the period—	Applicable period—
  (i) beginning with 1st February and ending with the next 30th April	begins with 1st January immediately preceding the start of the period specified in the first column and ends F11with the day before the day on which P starts or returns to work.
  (ii) beginning with 1st May and ending with the next 30th September	begins with 1st April immediately preceding the start of the period specified in the first column and ends with the day before the day on which P starts or returns to work.
  (iii) beginning with 1st October and ending with the next 31st January	begins with 1st September immediately preceding the start of the period specified in the first column and ends with the day before the day on which P starts or returns to work

• “expected work start date” means the date, at the time the person makes the declaration of eligibility, on which a person expects to begin a new job or return to work after a period of absence on unpaid leave or leave within regulation 12(1)(b) to (g), (i) to (m), (p) or (q).

A person's “expected income” is the income which the person has a reasonable expectation of receiving, calculated in accordance with regulation 10.

The period specified in this paragraph is—

The period specified in this paragraph is, in relation to a declaration of eligibility, the tax year in which the date of the declaration falls.

The threshold specified in this paragraph is the product of the calculation—

where

• M is the minimum weekly income based on the person’s age on the F13... 6th April of the tax year in which the declaration of eligibility was made; and

• W is 52.

In this regulation, “the relevant threshold” is the product of the calculation—

where—