The Employment and Support Allowance Regulations (Northern Ireland) 2008

Meaning of “person in hardship”N.I.

158.—(1) A claimant is a person in hardship if the claimant—

(a)has informed the Department 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 a single claimant 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)is responsible for a child or young person who is a member of the claimant’s household;

(b)has been awarded [F1armed forces independence payment,] an attendance allowance [F2, the care component or the daily living component] ;

(c)has [F3claimed armed forces independence payment,] attendance allowance [F4, disability living allowance or personal independence payment] and the claim has not been determined;

(d)devotes a considerable portion of each week to caring for another person who—

(i)has been awarded [F5armed forces independence payment,] an attendance allowance [F6, the care component or the daily living component] , or

(ii)has [F7claimed armed forces independence payment,] attendance allowance [F8, disability living allowance or personal independence payment] and the claim has not been determined; or

[F9(e)has attained the qualifying age for state pension credit.]

(4) A claimant to whom paragraph (3)(c) or (d)(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 Department 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 “care component” means the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Contributions and Benefits Act.

Textual Amendments

Commencement Information

I1Reg. 158 in operation at 27.10.2008, see reg. 1(1)