ILR application - Umemployed for first 12 months

HI All,
I have couple of queries about my ILR application. It will be great to get your opinion about my situation.

Info about me:
•I got a Tier-1 general visa on 30th Aug 2008.
•I entered the UK on 15th Nov 2008, so exactly 76 days after I received my Tier-1 visa
•For almost 12 months (15th Nov 2009), I was unemployed seeking work in the country. During this time, I didn’t earn anything and was just looking for a job; obviously I do not have any salary slips/P60 for this period.
•Additionally, I could not open a bank account in the UK, as most banks wanted either (a) an employer letter or (b) university letter to open a bank account. Since I couldn’t provide both, I didn’t have bank account for first 12 months, and all my money transactions were done through relative’s bank account.
•So effectively, I do not have any bank statements or salary slips for first 12 months while I was staying in this country
•I got my Tier-1 extension done recently till 30th Aug 2013

My queries
Q.1 Am I entitled to apply for ILR in Aug 2013, when my visa period (Aug 2008-Aug 2013) has completed 5 years, but my qualifying period (Nov 2008 – Aug 2013) is 77 days less than the 5 yrs required for ILR? (Assuming the rules are still the same as it is today). I am referring to the following clause mentioned on the page 4 of the document “Indefinite leave to remain – calculating continuous period in UKâ€