The Jobseeker’s Allowance Regulations 1996

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Meaning of “person in hardship"

140.—(1) In this Part of these Regulations, a “person in hardship" means for the purposes of regulation 141 a claimant, other than a claimant to whom paragraph (3) or (4) applies [F1or a member of a joint-claim couple and regulation 3E does not apply], who—

(a)is a single woman–

(i)who is pregnant; and

(ii)in respect of whom [F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship; or

(b)is a single person who is responsible for a [F3child or young person], and [F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid to the single person, the [F3child or young person] will suffer hardship; or

(c)is a member of [F4a couple], where–

[F5(i)at least one member of the couple is a woman who is pregnant; and]

(ii)[F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship; or

(d)is a member of a polygamous marriage and–

(i)one member of the marriage is pregnant; and

(ii)[F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship; or

(e)is a member of [F6a couple] or of a polygamous marriage where–

(i)one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and

(ii)[F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship; or

(f)has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed have included, in his applicable amount a disability premium and—

(i)where the person has an award, a jobseeker’s allowance is not payable F7... because it is suspended [F8or the award is reduced in accordance with section 19 or 19A or regulation 69B]; and

(ii)[F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship; or

(g)suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical [F9or mental] impairment and [F2the Secretary of State] is satisfied that—

(i)the suffering has already lasted, or is likely to last, for not less than 26 weeks; and

(ii)unless a jobseeker’s allowance is paid to the claimant the probability is that the health of the person suffering would, within 2 weeks of [F2the Secretary of State] making his decision, decline further than that of a normally healthy adult and that person would suffer hardship; or

(h)does, or whose partner does, or in the case of a claimant who is married to more than one person under a law which permits polygamy, at least one of those persons do, devote a considerable portion of each week to caring for another person who—

(i)is in receipt of an attendance allowance [F10, pension age disability payment] [F11, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act [F12, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F13,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act] [F14, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F15or armed forces independence payment]; or

(ii)has claimed either attendance allowance [F10, pension age disability payment] [F16, disability living allowance [F17, child disability payment] [F18, armed forces independence payment] [F19,] personal independence payment] [F20or adult disability payment], but only for so long as the claim has not been determined, or for, 26 weeks from the date of claiming, [F21whichever is the earlier; or,

(iii)has claimed either attendance allowance [F10, pension age disability payment] or disability living allowance and has an award of either attendance allowance [F10, pension age disability payment] or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made,] [F22or

[F23(iiia)has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations for a period commencing after the date on which the claim was made; or]

(iv)has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made][F24; or

[F25(iva)has claimed adult disability payment and has an award of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made; or]

(v)has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,]

and [F2the Secretary of State] is satisfied, after taking account of the factors set out in [F26paragraph (5)] in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the claimant; or

(i)is a person or is the partner of a person to whom section 16 applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c); or

(j)is a person–

(i)to whom section 3(1)(f)(iii) (persons under the age of 18) applies, or is the partner of such a person; and

(ii)in respect of whom [F2the Secretary of State] is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer [F27hardship; or].

[F28(k)is a person

(i)who, pursuant to the Children Act 1989 [F29or the Social Services and Well-being (Wales) Act 2014], was being looked after by a local authority;

(ii)with whom the local authority had a duty, pursuant to [F30either of those Acts], to take reasonable steps to keep in touch; or

(iii)who, pursuant to [F31either of those Acts], qualified for advice and assistance from a local authority,

but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and

(iv)as at the date on which he complies with the requirements of regulation 143, is under the age of 21[F32; or]]

[F33(l)is a person who is homeless within the meaning of Part 7 of the Housing Act 1996, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be.]

(2) Except in a case to which paragraph (3) F34... applies [F35or where the person in hardship is a member of a joint-claim couple and regulation 3E does not apply] a “person in hardship" means for the purposes of regulation 142, a claimant where [F2the Secretary of State] is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.

(3) In paragraphs (1) and (2) a “person in hardship" does not include a claimant who is entitled, or whose partner is entitled, to income support [F36or an income-related employment and support allowance] or [F37a claimant or a partner of a claimant] who falls within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act.

(4) Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a [F38care home, an Abbeyfield Home or an independent hospital].

F39(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Factors which, for the purposes of paragraphs (1) and (2), [F2the Secretary of State] is to take into account in determining whether a person will suffer hardship are—

(a)the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 [F42or [F43for a disabled child premium specified in paragraph 16 of that Schedule] [F43an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002];]

(b)the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’s household who is not a member of his family, and the length of time for which those factors are likely to persist;

(c)whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.

[F44(6) In paragraph (5)(b), “resources” does not include any sum, where applicable, specified in paragraph 6B(1) and (2) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings - child tax credit and child benefit).]

Textual Amendments

F1Words in reg. 140(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 45(a)

F2Words in reg. 140 substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F3Words in reg. 140(1)(b) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(14) (with reg. 13)

F4Words in reg. 140(1)(c) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(i) (with art. 3)

F5Reg. 140(1)(c)(i) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(ii) (with art. 3)

F6Words in reg. 140(1)(e) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(b) (with art. 3)

F7Word in reg. 140(1)(f)(i) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(a)

F8Words in reg. 140(1)(f)(i) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(a)

F9Words in reg. 140(1)(g) inserted (23.10.2017) by The Jobseeker’s Allowance (Hardship) (Amendment) Regulations 2017 (S.I. 2017/760), regs. 1, 2(2)(a)

F10Words in reg. 140(1)(h)(i)-(iii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(4)

F11Words in reg. 140(1)(h)(i) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(4)(a)