The Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007

Meaning of “person in hardship”

5.—(1) A former occupier is a “person in hardship” if he—

(a) has provided the relevant authority with a signed statement, on a form approved for the purpose by the Secretary of State, of the circumstances on which he relies to establish that he is a person in hardship; and

(b) falls within paragraph (2), (3) or (5).

(2) A former occupier falls within this paragraph if—

(a) she is pregnant;

(b) a member of his family is pregnant;

(c) he is a single person aged less than 18; or

(d) he is a member of a couple and both members are aged less than 18.

(3) Subject to paragraph (4), a former occupier falls within this paragraph if he or his partner—

(a) is responsible for a child or young person who is a member of the former occupier’s household;

(b) has been awarded an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4);

(c) has claimed either attendance allowance or disability living allowance and the claim has not been determined;

(d) devotes a considerable portion of each week to caring for another person who—

(i) has been awarded an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4); or

(ii) has claimed either attendance allowance or disability living allowance and the claim has not been determined; or

(e) is aged 60 or more.

(4) A former occupier to whom paragraph (3)(c) or (3)(d)(ii) applies is a person in hardship only for 26 weeks from the date of the claim unless he is a person in hardship under another provision of this regulation.

(5) A former occupier falls within this paragraph where, after taking account of all the circumstances of the case including those set out in paragraph (6), the relevant authority is satisfied that, unless housing benefit is paid, he, or a member of his family, will suffer hardship.

(6) The circumstances which the relevant authority is to take into account in determining whether the former occupier, or a member of his family, will suffer hardship include—

(a) the resources which are likely to be available to his family and the length of time for which they might be available; and

(b) whether there is a substantial risk that essential items, including food, clothing and heating, will cease to be available to him or a member of his family, or will be available at considerably reduced levels and the length of time for which this might be so.

(7) For the purposes of this regulation “young person” has the meaning prescribed in regulation 19(1) of the Housing Benefit Regulations 2006(1)(persons of prescribed description).

(1)

S.I. 2003/213 to which there are amendments not relevant to these Regulations.