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

Meaning of “person in hardship”

5.—(1) In this Part, a “person in hardship” means, for the purposes of regulation 6, a person, other than a person to whom paragraph (3) or (4) applies, where—

(a) she is a single woman who is pregnant and in respect of whom the Department is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;

(b) he is a single person who is responsible for a young person and the Department is satisfied that, unless a jobseeker’s allowance is paid, the young person will suffer hardship;

(c) he is a member of a married or unmarried couple where—

(i) the woman is pregnant, and

(ii) the Department is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship;

(d) he is a member of a polygamous marriage and—

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

(ii) the Department is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer harship;

(e) he is a member of a married or unmarried 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) the Department is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;

(f) he 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 the Department 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;

(g) he suffers, or his partner 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 jobseeker’s allowance is paid to that person, 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 that person would suffer hardship;

(h) he does, or his partner does, or in the case of a person who is married to more than one person under a law which permits polygamy, at least one of those persons does, devote 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 claim was made,

and the Department is satisfied, after taking account of the factors set out in paragraph (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 offender;

(i) he is a person or is the partner of a person to whom Article 18 of the Jobseekers Order (severe hardship) applies by virtue of a direction issued by the Department, except where the person to whom the direction applies does not satisfy the requirements of Article 3(2)(a) to (c) of that Order;

(j) he is a person—

(i) to whom Article 5(1)(f)(iii) of the Jobseekers Order (persons under the age of 18) applies, or is the partner of such a person, and

(ii) in respect of whom the Department is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship; or

(k) he 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 and 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 he complies with the requirements of regulation 9; and

(iv) who, as at the date on which he complies with the requirements of regulation 9, is under the age of 21.

(2) Except in a case to which paragraph (3) or (4) applies, a person shall, for the purposes of regulation 7, be deemed to be a person in hardship where, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, the Department 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 shall not be deemed to be a person in hardship—

(a) where he is entitled, or his partner is entitled, to income support or where he or his partner fall within a category of persons prescribed for the purpose of section 123(1)(e) of the Benefits Act(1);

(b) during any period in respect of which it has been determined that a jobseeker’s allowance is not payable to him pursuant to Article 21 of the Jobseekers Order(2) (circumstances in which a jobseeker’s allowance is not payable); or

(c) during any week in the disqualification period in respect of which he is subject to a restriction imposed pursuant to section 53 or 54 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (loss of benefit provisions).

(4) Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.

(5) Factors which, for the purposes of paragraphs (1) and (2), the Department is to take into account in determining whether the person is a person in hardship are—

(a) the presence in that person’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations(3) or for a disabled child premium specified in paragraph 16 of that Schedule;

(b) the resources which, without a jobseeker’s allowance, are likely to be available to the offender’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 10 (applicable amount in hardship cases), the amount of any resources which may be available to members of the offender’s family from any person in the offender’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 that person or a member of his family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.

(6) In determining the resources available to that person’s family under paragraph (5)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act shall be disregarded.

(1)

Paragraph (e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

(2)

Article 21 was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) and paragraph 13 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(3)

Paragraph 14 was amended by regulation 2(17)(c) of S.R. 1996 No. 503 and regulation 2(2) of S.R. 1999 No. 385