PART 8CLAIMANT RESPONSIBILITIES

CHAPTER 3HARDSHIP

Recoverability of hardship payments119

1

Subject to paragraphs (2) and (3), hardship payments are recoverable in accordance with section 71ZH of the Social Security Administration Act 199286.

2

Paragraph (1) does not apply in relation to any assessment period in which the single claimant, or each joint claimant, falls within section 19 of the Act by virtue of regulation 90 (claimant subject to no work-related requirements - the earnings thresholds).

3

Hardship payments cease to be recoverable where, since the last day on which the claimant’s or the joint claimants’ award was subject to a reduction under section 26 or 27 of the Act—

a

a single claimant has had weekly earnings that are equal to or exceed their individual threshold; or

b

joint claimants have had combined weekly earnings that are equal to or exceed the sum of their individual thresholds,

for a period of, or more than one period where the total of those periods amounts to, at least 26 weeks.