88.—(1) The “expected number of hours per week” in relation to a claimant for the purposes of determining their individual threshold in regulation 90 or for the purposes of regulation 95 or 97 is 35 unless some lesser number of hours applies under paragraph (2).
(2) The lesser number of hours is—
(a)where—
(i)the claimant is a relevant carer, a responsible carer [F1(subject to the following sub-paragraphs)] or a responsible foster parent, and
(ii)the Secretary of State is satisfied that the claimant has reasonable prospects of obtaining paid work,
the number of hours that the Secretary of State considers is compatible with those caring responsibilities;
[F2(aa)where the claimant is a responsible carer of a child who has not yet reached compulsory school age, the number of hours that the Secretary of State considers is compatible with those caring responsibilities;]
(b)where the claimant is a responsible carer for a child [F3who has reached compulsory school age but who is] under the age of 13, the number of hours that the Secretary of State considers is compatible with the child's normal school hours (including the normal time it takes the child to travel to and from school); or
(c)where the claimant has a physical or mental impairment, the number of hours that the Secretary of State considers is reasonable in light of the impairment.
Textual Amendments
F1Words in reg. 88(2)(a)(i) inserted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 6(a)