Regulation 11 Amendment of regulation 5

(1)

Regulation 5 (meaning of “person in hardship”) is amended as follows.

(2)

In paragraph (1)(h)—

(a)

in paragraph (i) for “or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act” substitute “, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act or the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act”;

(b)

in paragraph (ii) for “or disability living allowance” substitute “, disability living allowance or personal independence payment”;

(c)

at the end of paragraph (ii) omit “or”;

(d)

after paragraph (iii) insert—

“or

(iv)
has claimed personal independence payment and has an award of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act for a period commencing after the date on which that claim was made,”.

(3)

In paragraph (3)(b) for the words from “or 19” to the end of that sub-paragraph substitute—

“of the Jobseekers Act (attendance, information and evidence) or that it be reduced pursuant to section 19 or 19A or 19B of that Act (circumstances in which a jobseeker’s allowance is reduced)”.

(4)

At the end add—.

“(7)
In the preceding paragraphs of this regulation, references to a jobseeker’s allowance are to an income-based jobseeker’s allowance.”.