The Jobseeker’s Allowance Regulations 1996

Changes over time for: Section 140

Version Superseded: 27/10/2008

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

(c)is a member of [F3a couple], where–

[F4(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 [F5a 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 either because it is suspended or because section 19 (circumstances in which a jobseeker’s allowance is not payable) applies in his case; 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 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 or the care component of disability living allowance at one of the two higher rates prescribed under [F6section 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, [F7whichever 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 [F2the Secretary of State] is satisfied, after taking account of the factors set out in [F8paragraph (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 hardship.

[F9(k)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) [F10or (4A)] F11... applies [F12or 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 or [F13a 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 [F14care home, an Abbeyfield Home or an independent hospital].

[F15(4A) In paragraph (2), a “person in hardship" does not include a claimant to whom section 19(5)(b) or (c) applies by virtue of any act or omission relating to [F16one of the New Deal options or to the Intensive Activity Period specified in regulation 75(1)(a) (iv)].]

(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 [F17or [F18for a disabled child premium specified in paragraph 16 of that Schedule] [F18an 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.

Textual Amendments

F1Words in reg. 140(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 45(a)

F2Words in reg. 140 substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F3Words in reg. 140(1)(c) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(i) (with art. 3)

F4Reg. 140(1)(c)(i) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(ii) (with art. 3)

F5Words in reg. 140(1)(e) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(b) (with art. 3)

F6Words in reg. 140(1)(h)(i) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F7Words 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)

F8Words in reg. 140(1)(h)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F9Words in reg. 140(1) added (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(4)

F10Words in reg. 140(2) inserted (5.1.1998) by The Social Security Amendment (New Deal) Regulations 1997 (S.I. 1997/2863), regs. 1(1), 11(a)

F11Words in reg. 140(2) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2