PART 12DISQUALIFICATION

Meaning of “person in hardship”158

1

A claimant is a “person in hardship” if the claimant—

a

has informed the Secretary of State of the circumstances on which the claimant relies to establish that fact; and

b

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

2

A claimant falls within this paragraph if—

a

she is pregnant;

b

a member of the claimant's family is pregnant;

c

the claimant is a single claimant aged less than 18; or

d

the claimant is a member of a couple and both members are aged less than 18.

3

Subject to paragraph (4), the claimant falls within this paragraph if the claimant or the claimant's partner—

a

is responsible for a child or young person who is a member of the claimant's household;

b

has been awarded an attendance allowanceF3, the care componentF2, armed forces independence paymentF13, the daily living component F14or the daily living component of adult disability payment;

c

has claimed either attendance allowanceF4, disability living allowanceF10, child disability paymentF5, armed forces independence paymentF15, personal independence paymentF16or adult disability payment 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 allowanceF6, the care componentF7, armed forces independence paymentF17, the daily living componentF18or the daily living component of adult disability payment; or

ii

has claimed either attendance allowanceF8, disability living allowanceF11, child disability paymentF9, armed forces independence paymentF19, personal independence paymentF20or adult disability payment and the claim has not been determined; or

e

F1has attained the qualifying age for state pension credit.

4

A claimant 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 the claimant is a person in hardship under another provision of this regulation.

5

The claimant falls within this paragraph where the Secretary of State is satisfied, having regard to all the circumstances and, in particular, the matters set out in paragraph (6), that unless an employment and support allowance is paid, the claimant, or a member of the claimant's family, will suffer hardship.

6

The matters referred to in paragraph (5) are—

a

the resources which are likely to be available to the claimant and the claimant's 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 the claimant or a member of the claimant's family, or will be available at considerably reduced levels and the length of time for which this might be so.

F127

In this regulation, “care component” means—

a

the care component of disability living allowance at the highest or middle rate prescribed under section 72(3) of the Contributions and Benefits Act; or

b

the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the DACYP Regulations.