The Social Security (Loss of Benefit) Regulations 2001

[F1Payment of universal credit to specified personsE+W+S

16D.—(1) Subject to regulation 16E, universal credit is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) or where O is a joint claimant, to O and the other joint claimant (“J”), where the Secretary of State is satisfied that they are in hardship.

(2) For the purposes of paragraph (1), O or, as the case may be, O and J must be considered as being in hardship only where—

(a)they meet the conditions for entitlement to universal credit;

(b)they cannot meet their immediate and most basic and essential needs, specified in paragraph (3), or the immediate and most basic and essential needs of a child or qualifying young person for whom O is, or O and J are, responsible only because the amount of their award has been reduced under—

(i)section 26 or 27 of the 2012 Act by the daily reduction rate determined in accordance with regulation 111 of the UC Regulations; or

(ii)regulation 3ZB above by the daily reduction rate determined in accordance with paragraph (3) or (4) of that regulation;

(c)they have made every effort to access alternative sources of support to meet, or partially meet, such needs; and

(d)they have made every effort to cease to incur any expenditure which does not relate to such needs.

(3) The needs referred to in paragraph (2) are—

(a)accommodation;

(b)heating;

(c)food;

(d)hygiene.

(4) In paragraph (2)(b), “child” and “qualifying young person” have the same meaning as in Part 1 of the 2012 Act and whether or not O is, or O and J are, responsible for a child or qualifying young person is to be determined in accordance with regulation 4 of the UC Regulations.]

Textual Amendments