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The Employment and Support Allowance Regulations 2013

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Meaning of “person in hardship”E+W+S

This section has no associated Explanatory Memorandum

94.—(1) A claimant is a “person in hardship” if the claimant—

(a)has informed the Secretary of State of the circumstances on which the claimant relies to establish that fact; and

(b)falls within paragraph (2), (3) or (5).

(2) A claimant falls within this paragraph if—

(a)she is pregnant;

(b)a member of the claimant's family is pregnant;

(c)the claimant is single and aged less than 18; or

(d)the claimant is a member of a couple and both members are aged less than 18.

(3) Subject to paragraph (4), the claimant falls within this paragraph if the claimant or the claimant's partner—

(a)has been awarded an attendance allowance, [F1armed forces independence payment,] the care component or the daily living component;

(b)has claimed attendance allowance, [F2armed forces independence payment,] disability living allowance[F3, child disability payment][F4,] personal independence payment [F5or adult disability payment] and the claim has not been determined;

(c)devotes what the Secretary of State considers is a considerable portion of each week to caring for another person who—

(i)has been awarded an attendance allowance, [F6armed forces independence payment,] the care component or the daily living component; or

(ii)has claimed attendance allowance, [F7armed forces independence payment,] disability living allowance[F8, child disability payment][F9,] personal independence payment [F10or adult disability payment] and the claim has not been determined; or

(d)has attained the qualifying age for state pension credit, which has the meaning given in section 1(6) of the State Pension Credit Act 2002 M1.

(4) A claimant to whom paragraph (3)(b) or (3)(c)(ii) applies is a person in hardship only for 26 weeks from the date of the claim unless the claimant is a person in hardship under another provision of this regulation.

(5) The claimant falls within this paragraph where the Secretary of State is satisfied, having regard to all the circumstances and, in particular, the matters set out in paragraph (6), that unless an employment and support allowance is paid, the claimant, or a member of the claimant's family, will suffer hardship.

(6) The matters referred to in paragraph (5) are—

(a)the resources which are likely to be available to the claimant and the claimant's family and the length of time for which they might be available; and

(b)whether there is a substantial risk that essential items, including food, clothing and heating, will cease to be available to the claimant or a member of the claimant's family, or will be available at considerably reduced levels and the length of time for which this might be so.

(7) In this regulation—

[F11“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;]

[F12“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

“attendance allowance” means—

(a)

an attendance allowance under section 64 of the Contributions and Benefits Act M2;

(b)

an increase of disablement pension under section 104 or 105 of that Act;

(c)

F13...

(d)

F13...

(e)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 M3 or any analogous payment;

(f)

any payment based on the need for attendance which is paid as an addition to a war disablement pension (which means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 M4);

[F14“care component” means—

(a)

the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Contributions and Benefits Act; or

(b)

the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;]

[F15“daily living component” means—

(a)

in respect of personal independence payment, the daily living component of that payment at the standard or enhanced rate referred to in section 78 of the Welfare Reform Act 2012;

(b)

in respect of adult disability payment, the daily living component of that payment at the standard or enhanced rate referred to in regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.]

“disability living allowance” means a disability living allowance under section 71 of the Contributions and Benefits Act M5;

“personal independence payment” means an allowance under Part 4 of the Welfare Reform Act 2012.

Textual Amendments

Marginal Citations

M21992 c.4. Section 64 was amended by section 66(1) of the Welfare Reform and Pensions Act 1999 (c.30) and paragraph 5 of Schedule 9 to the Welfare Reform Act 2012.

M3S.I. 1983/686. Article 14 was substituted by S.I. 2001/420. Article 15 was amended by S.I. 2001/420. Article 16 was amended by S.I.s 1984/1675 and 2001/420.

M42003 c.1. Section 639(2) was inserted by the Finance Act 2005 (c.7).

M5Section 71 was amended by section 67 of the Welfare Reform and Pensions Act 1999.

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