The Employment and Support Allowance Regulations 2008

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Meaning of “person in hardship”E+W+S

This section has no associated Explanatory Memorandum

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 allowance [F1, pension age disability payment] [F2, the care component[F3, armed forces independence payment][F4,] the daily living component ][F5or the daily living component of adult disability payment];

(c)has claimed either attendance allowance [F6, pension age disability payment] [F7, disability living allowance[F8, child disability payment][F9, armed forces independence payment] [F10,] personal independence payment] [F11or 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 allowance [F12, pension age disability payment] [F13, the care component[F14, armed forces independence payment][F15,] the daily living component] [F16or the daily living component of adult disability payment]; or

(ii)has claimed either attendance allowance [F17, pension age disability payment] [F18, disability living allowance[F19, child disability payment][F20, armed forces independence payment][F21,] personal independence payment] [F22or adult disability payment] and the claim has not been determined; or

(e)[F23has 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.

[F24(7) 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.]

Textual Amendments

F1Words in reg. 158(3)(b) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 13(3)

F2Words in reg. 158(3)(b) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(4)(a)

F3Words in reg. 158(3)(b) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(4)(a)

F4Reg. 158(3)(b): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(4)(a)(i)

F5Words in reg. 158(3)(b) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(4)(a)(ii)

F6Words in reg. 158(3)(c) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 13(3)

F7Words in reg. 158(3)(c) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(4)(b)

F8Words in reg. 158(3)(c) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 9 para. 4(2)(a)

F9Words in reg. 158(3)(c) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(4)(b)

F10Reg. 158(3)(c): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(4)(b)(i)