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PART 4 N.I.ELEMENTS OF AN AWARD

Particular needs or circumstances – childcare costsN.I.

The work conditionN.I.

33.—(1) The work condition is met in respect of an assessment period if—

(a)the claimant is in paid work or has an offer of paid work that is due to start before the end of the next assessment period, and

(b)if the claimant is a member of a couple (whether claiming jointly or as a single person), the other member is either in paid work or is unable to provide childcare because that person—

(i)has limited capability for work,

(ii)has regular and substantial caring responsibilities for a severely disabled person, or

(iii)is temporarily absent from the claimant's household.

(2) For the purposes of meeting the work condition in relation to an assessment period a claimant is to be treated as being in paid work if—

(a)the claimant has ceased paid work—

(i)in that assessment period,

(ii)in the previous assessment period, or

(iii)if the assessment period in question is the first or second assessment period in relation to an award, in that assessment period or in the month immediately preceding the commencement of the award, or

(b)the claimant is receiving statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay [F1, statutory parental bereavement pay] , statutory parental bereavement pay or a maternity allowance.