162.—(1) In a case to which this regulation applies a claimant’s weekly applicable amount and that claimant’s income and capital are to be calculated in accordance with the provisions of this Part.
(2) Subject to paragraph (3), this regulation applies to a claimant who is treated as possessing income under regulation 107(1) (notional income – income due to be paid or income paid to or in respect of a third party).
(3) This regulation is only to apply to a claimant to whom paragraph (2) applies, where the income that claimant is treated as possessing by virtue of regulation 107(1) is not readily available to that claimant, and—
(a)the amount of an income-related allowance which would be payable but for this Part is less than the amount of an income-related allowance payable by virtue of the provisions of this Part; and
(b)the Department is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or the claimant’s family will suffer hardship.