PART IX HARDSHIP

Meaning of “person in hardship"

140.—(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 [F1or 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 [F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship; or

(b)is a single person who is responsible for a [F3child or young person], and [F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid to the single person, the [F3child or young person] will suffer hardship; or

(c)is a member of [F4a couple], where–

[F5(i)at least one member of the couple is a woman who is pregnant; and]

(ii)[F2the 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)[F2the Secretary of State] is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship; or

(e)is a member of [F6a 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)[F2the 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—

(i)where the person has an award, a jobseeker’s allowance is not payable F7... because it is suspended [F8or the award is reduced in accordance with section 19 or 19A or regulation 69B]; and

(ii)[F2the 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 [F9or mental] impairment and [F2the 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 [F2the 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 [F10, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act [F11, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations] [F12,] the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act] [F13, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022] [F14or armed forces independence payment]; or

(ii)has claimed either attendance allowance [F15, disability living allowance [F16, child disability payment] [F17, armed forces independence payment] [F18,] personal independence payment] [F19or adult disability payment], but only for so long as the claim has not been determined, or for, 26 weeks from the date of claiming, [F20whichever 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,] [F21or

[F22(iiia)has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations for a period commencing after the date on which the claim was made; or]

(iv)has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made][F23; or

[F24(iva)has claimed adult disability payment and has an award of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made; or]

(v)has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,]

and [F2the Secretary of State] is satisfied, after taking account of the factors set out in [F25paragraph (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 [F2the Secretary of State] is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer [F26hardship; or].

[F27(k)is a person

(i)who, pursuant to the Children Act 1989 [F28or the Social Services and Well-being (Wales) Act 2014], was being looked after by a local authority;

(ii)with whom the local authority had a duty, pursuant to [F29either of those Acts], to take reasonable steps to keep in touch; or

(iii)who, pursuant to [F30either of those Acts], 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[F31; or]]

[F32(l)is a person who is homeless within the meaning of Part 7 of the Housing Act 1996, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be.]

(2) Except in a case to which paragraph (3) F33... applies [F34or 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 [F2the 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 [F35or an income-related employment and support allowance] or [F36a 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 [F37care home, an Abbeyfield Home or an independent hospital].

F38(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Factors which, for the purposes of paragraphs (1) and (2), [F2the 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 [F41or [F42for a disabled child premium specified in paragraph 16 of that Schedule] [F42an 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.

[F43(6) In paragraph (5)(b), “resources” does not include any sum, where applicable, specified in paragraph 6B(1) and (2) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings - child tax credit and child benefit).]

Textual Amendments

F20Words in reg. 140(1)(h)(ii) substituted and reg. 140(1)(h)(iii) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 13(1)

F42Words in reg. 140(5)(a) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 18

Modifications etc. (not altering text)

Period when a person is not a person in hardship

F44140A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

141.—(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 hardship[F45, 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 [F468th] 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 [F47the 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) [F48provided he satisfies the conditions of entitlement specified in [F49paragraph (b) of subsection (2A)] 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 F50... referred to in that paragraph [F51which is applicable in his case] but before the date the statement mentioned in regulation 143(1) is furnished where [F52the 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 [F53regulation 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 [F54his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B] 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.

Textual Amendments

Modifications etc. (not altering text)

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

142.—(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—

[F55(a)in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or]

F56(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the day the claimant complies with the requirements of regulation 143,

and ending on the day before the claim is determined where [F57the 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) [F58provided 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 [F59section 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 [F60his award of jobseeker’s allowance has been reduced in accordance with section 19 or 19A or regulation 69B], but the allowance—

(a)shall not be payable under this paragraph in respect of the first 14 days of the period to which [F61the reduction] applies; and

(b)shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Textual Amendments

Conditions for hardship payments

143.—(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.

Modifications etc. (not altering text)

Provision of information

144.  For the purposes of [F62section 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.

Textual Amendments

Modifications etc. (not altering text)

Applicable amount in hardship cases

145.—(1) [F63The 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) [F64applies]) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1.

F65(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

Modifications etc. (not altering text)

C7Reg. 145(1): sum confirmed (coming into force in accordance with art. 1(2)(h) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(h), 19(1)(8), Sch. 12

C8Reg. 145(1): sum maintained (coming into force in accordance with art. 1(2)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(k), 24(1)(8), Sch. 12

Payments made on account of suspended benefit

146.—(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 [F66section 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.

Textual Amendments

Modifications etc. (not altering text)