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Regulation 158 Meaning of “person in hardship”

England, Wales and Scotland

(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 componentF3, armed forces independence paymentF4, 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, Scottish adult disability living allowance F9, child disability paymentF10, armed forces independence payment F11, personal independence payment F12or 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 F13, pension age disability payment F14, the care componentF15, armed forces independence paymentF16, the daily living component F17or the daily living component of adult disability payment; or

(ii)

has claimed either attendance allowance F18, pension age disability payment F19, disability living allowance F20, Scottish adult disability living allowance F21, child disability paymentF22, armed forces independence paymentF23, personal independence payment F24or adult disability payment and the claim has not been determined; or

(e)

F25has 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.

F26(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; F27...

(b)

the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the DACYP RegulationsF28; or

(c)

the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.

Annotations

Textual amendments

F1

Words 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)

F2

Words 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)

F3

Words 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)

F4

Reg. 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)

F5

Words 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)

F6

Words 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)

F7

Words 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)

F8

Words in reg. 158(3)(c) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(4)(a)

F9

Words 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)

F10

Words 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)

F11

Reg. 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)

F12

Words in reg. 158(3)(c) 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)(b)(ii)

F13

Words in reg. 158(3)(d)(i) 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)

F14

Words in reg. 158(3)(d)(i) 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)(c)

F15

Words in reg. 158(3)(d)(i) 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)(c)

F16

Reg. 158(3)(d)(i): 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)(c)(i)(aa)

F17

Words in reg. 158(3)(d)(i) 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)(c)(i)(bb)

F18

Words in reg. 158(3)(d)(ii) 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)

F19

Words in reg. 158(3)(d)(ii) 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)(d)

F20

Words in reg. 158(3)(d)(ii) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(4)(a)

F21

Words in reg. 158(3)(d)(ii) 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)(b)

F22

Words in reg. 158(3)(d)(ii) 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)(d)

F23

Reg. 158(3)(d)(ii): 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)(c)(ii)(aa)

F24

Words in reg. 158(3)(d)(ii) 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)(c)(ii)(bb)

F25

Words in reg. 158(3)(e) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 43(2)

F26

Reg. 158(7) substituted (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(3)

F27

Word in reg. 158(7) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(4)(b)(i)

F28

Reg. 158(7)(c) and word inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(4)(b)(ii)

Notes on the whole SI

Textual amendments

F1

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.

F2

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.

F3

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.

F4

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.

F5

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.