The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002

Application of Part and meaning of “couple in hardship”

11.—(1) This Part applies in respect of any part of the disqualification period when section 7(2) of the Act would otherwise apply.

(2) In this Part, a “couple in hardship” means, for the purposes of regulation 13, a joint-claim couple, other than a couple to whom paragraph (4) or (5) applies, who are claiming a jobseeker’s allowance jointly where at least one member of that couple is an offender and where—

(a) the woman member of the joint-claim couple is pregnant and the Department is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;

(b) one or both members of the couple are members of a polygamous marriage, one member of the marriage is pregnant and the Department is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;

(c) the award of a joint-claim jobseeker’s allowance includes, or would, if a claim for a jobseeker’s allowance from the couple were to succeed, have included in their applicable amount a disability premium and the Department is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship;

(d) either member of the couple suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Department is satisfied that—

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

(ii) unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within 2 weeks of the Department making its decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship;

(e) either member of the couple, or where a member of that couple is married to more than one person under a law which permits polygamy, one member of that marriage, devotes a considerable portion of each week to caring for another person who—

(i) is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act;

(ii) has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or

(iii) has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance 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 claims was made,

and the Department is satisfied, after taking account of the factors set out in paragraph (6) 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 joint-claim jobseeker’s allowance is paid; or

(f) Article 18 of the Jobseekers Order applies to either member of the couple by virtue of a direction issued by the Department, except where the member of the joint-claim couple to whom the direction applies does not satisfy the requirements of Article 3(2)(a) to (c) of that Order;

(g) Article 5A(1)(e)(ii) of the Jobseekers Order(1) (member of a joint-claim couple under the age of 18) applies to either member of the couple and the Department is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship; or

(h) one or both members of the couple is a person—

(i) who, pursuant to the Children Order, was being looked after by an authority;

(ii) with whom the authority had a duty, pursuant to that Order, to take reasonable steps to keep in touch, or

(iii) who, pursuant to that Order, qualified for advice or assistance from an authority,

but in respect of whom head (i), (ii) or (iii), as the case may be, had not applied for a period of 3 years or less as at the date on which the requirements of regulation 16 are complied with; and

(iv) who, as at the date on which the requirements of regulation 16 are complied with, is under the age of 21.

(3) Except in the case to which paragraph (4) or (5) applies, a joint-claim couple shall, for the purposes of regulation 14, be deemed to be a couple in hardship where the Department is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.

(4) In paragraphs (2) and (3), a joint-claim couple shall not be deemed to be a “couple in hardship”—

(a) where one member of the couple is entitled to income support or falls within a category of persons prescribed for the purposes of section 123(1)(e) of the Benefits Act; or

(b) during a period in respect of which it has been determined that both members of the couple are subject to sanctions for the purposes of Article 22A of the Jobseekers Order(2) (denial or reduction of joint-claim jobseeker’s allowance).

(5) Paragraph (2)(e) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.

(6) Factors which, for the purposes of paragraphs (2) and (3), the Department is to take into account in determining whether a joint-claim couple will suffer hardship are—

(a) the presence in the joint-claim couple of a person who satisfies the requirements for a disability premium specified in paragraphs 20H and 20I of Schedule 1 to the Jobseeker’s Allowance Regulations(3);

(b) the resources which, without a joint-claim jobseeker’s allowance, are likely to be available to the joint-claim couple, the amount by which these resources fall short of the amount applicable in their case in accordance with regulation 16 (applicable amount of joint-claim couple in hardship cases), the amount of any resources which may be available to the joint-claim couple from any person in the couple’s household who is not a member of the 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 joint-claim couple, or will be available at considerably reduced levels, the hardship that will result and the length of time those factors are likely to persist.

(7) In determining the resources available to the offender’s family under paragraph (6)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act shall be disregarded.

(1)

Article 5A was inserted by section 56 of, and paragraph 5(2) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999

(2)

Article 22A was inserted by Article 56 of, and paragraph 14 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999

(3)

Paragraphs 20H and 20I were inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350