PART IX HARDSHIP
Meaning of “person in hardship"C3140
1
In this Part of these Regulations, a “person in hardship" means for the purposes of regulation 141 a claimant, other than a claimant to whom paragraph (3) or (4) applies F32or a member of a joint-claim couple and regulation 3E does not apply, who—
a
is a single woman–
i
who is pregnant; and
ii
in respect of whom F24the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship; or
b
c
is a member of F39a couple, where–
F40i
at least one member of the couple is a woman who is pregnant; and
ii
F24the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship; or
d
is a member of a polygamous marriage and–
i
one member of the marriage is pregnant; and
ii
F24the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship; or
e
is a member of F41a 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
F24the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship; or
f
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—
C9i
where the person has an award, a jobseeker’s allowance is not payable either because it is suspended or because F49regulation 27A or section 19 (circumstances in which a jobseeker’s allowance is not payable) applies in his case; and
ii
F24the Secretary of State 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; or
g
suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and F24the Secretary of State 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 the claimant the probability is that the health of the person suffering would, within 2 weeks of F24the Secretary of State making his decision, decline further than that of a normally healthy adult and that person would suffer hardship; or
h
does, or whose partner does, or in the case of a claimant who is married to more than one person under a law which permits polygamy, at least one of those persons do, 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 F4section 72(4) of the Benefits Act; or
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, F5whichever 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 F24the Secretary of State is satisfied, after taking account of the factors set out in F6paragraph (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 claimant; or
i
is a person or is the partner of a person to whom section 16 applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c); or
j
is a person–
i
to whom section 3(1)(f)(iii) (persons under the age of 18) applies, or is the partner of such a person; and
ii
in respect of whom F24the Secretary of State is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship.
F29k
is a person
i
who, pursuant to the Children Act 1989, was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice and assistance from a local authority,
but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and
iv
as at the date on which he complies with the requirements of regulation 143, is under the age of 21.
2
Except in a case to which paragraph (3) F22or (4A)F44or (4B)F1... applies F33or where the person in hardship is a member of a joint-claim couple and regulation 3E does not apply a “person in hardship" means for the purposes of regulation 142, a claimant where F24the Secretary of State 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 in hardship" does not include a claimant who is entitled, or whose partner is entitled, to income support F42or an income-related employment and support allowance or F3a claimant or a partner of a claimant who falls within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act.
4
Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a F38care home, an Abbeyfield Home or an independent hospital.
F214A
F454B
In paragraph (2), a “person in hardship” does not include a claimant to whom section 19(5)(a) applies by virtue of any refusal or failure relating to a Back to Work Session.
5
Factors which, for the purposes of paragraphs (1) and (2), F24the Secretary of State is to take into account in determining whether a person will suffer hardship are—
a
the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 F2or F37for a disabled child premium specified in paragraph 16 of that ScheduleF37an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;
b
the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’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 the claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.
F20Period when a person is not a person in hardship140A
F311
A claimant who is not a person in hardship by virtue of regulation 140(4A) shall not be a person in hardship throughout the period beginning on the day on which a New Deal decision has effect by virtue of regulation 69 or, as the case may be, by virtue of regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and ending—
a
b
on the day which is 14 days after the day on which the New Deal decision had effect,
whichever is the later.
2
Where a claimant who is not a person in hardship by virtue of regulation 140(4A) was a person in hardship for the purposes of regulation 142 immediately before the commencement of the period referred to in paragraph (1), that claimant shall, subject to paragraph (3), again become a person in hardship for the purposes of regulation 142 on the day following the expiration of that period.
3
A claimant to whom paragraph (2) applies shall not again become a person in hardship for the purposes of regulation 142 if—
a
the day following the day the period referred to in paragraph (1) expires is a day within a period in respect of which a subsequent New Deal decision applies by virtue of paragraph (1); or
b
on the day following the expiry of the period referred to in paragraph (1), he is not a person in hardship for the purposes of regulation 142.
Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardshipC4141
1
This regulation applies to persons in hardship within the meaning of regulation 140(1), and is subject to the provisions of regulations 143 and 144.
2
Subject to paragraph (3) a person in hardshipF7, other than a person to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the F238th day of the jobseeking period or, if later, from the day he first becomes a person in hardship and ending on the day before the claim is determined where F15the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) F16provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.
3
A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date F8... referred to in that paragraph F9which is applicable in his case but before the date the statement mentioned in regulation 143(1) is furnished where F25the Secretary of State is satisfied that the claimant suffered hardship because of a lack of resources during that period.
4
A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under section 6(4) of the Act shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of section 1(2)(a) to (c) of the Act provided he satisfies the other conditions of entitlement to that benefit.
5
An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with F26regulation 16 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income based jobseeker’s allowance.
6
An income-based jobseeker’s allowance shall be payable to a person in hardship even though F50regulation 27A or section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.
Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship142
1
This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 and is subject to the provisions of regulations 143 and 144.
2
A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of—
F10a
in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or
F19b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the day the claimant complies with the requirements of regulation 143,
and ending on the day before the claim is determined where F17the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) F18provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.
3
An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of F27section 21 of the Social Security Act 1998 (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c) but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.
4
An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.
5
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him, but the allowance—
a
shall not be payable under this paragraph in respect of the first 14 days of the period to which section 19 applies; and
b
shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.
Conditions for hardship paymentsC5143
1
A jobseeker’s allowance shall not be payable in accordance with regulation 141 or, as the case may be, 142, except where the claimant has—
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve a statement of the circumstances he relies upon to establish entitlement under regulation 141 or as the case may be regulation 142; and
b
signed the statement.
2
The completed and signed form shall be delivered by the claimant to such office as the Secretary of State may specify.
Provision of informationC6144
For the purposes of F11section 20(5) of and paragraph 10(3) of Schedule 1 to the Act, a claimant shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.
Applicable amount in hardship casesC7145
C1C2C101
F12The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to 40% or, in a case where the claimant or any other member of his family is either pregnant or is seriously ill, 20% of the following amount—
a
where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 1 (applicable amounts);
b
where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) or is not subject to a direction under section 16, the amount specified in paragraph 1(1)(d) of Schedule 1;
c
where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (b) F13applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1.
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
Payments made on account of suspended benefitC8146
1
This regulation applies to a person to whom–
a
payments of a jobseeker’s allowance have been suspended in accordance with regulations made under F28section 21 of the Social Security Act 1998;
b
an income-based jobseeker’s allowance is paid under regulation 141 or 142.
2
In the case of a person to whom–
a
this regulation applies; and
b
payments in respect of the benefit suspended fall to be made,
any benefit paid or payable by virtue of regulation 141(5) or 142(3) shall be treated as having been paid on account of the suspended benefit and only the balance of the suspended benefit (if any) shall be payable.