PART 13URGENT CASES

Urgent casesI1162

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.