{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-64D",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/regulation-64D.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "regulation/64D",
  "kind": "regulation",
  "number": "64D",
  "heading": "The amount of a hardship payment",
  "text": "(1) A hardship payment is either—\n(a) 80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part A1 of Schedule 4 where—\n(i) the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the Welfare Reform Act 2007 as in force immediately before 3rd April 2017; and\n(ii) the claimant or any other member of their family is either pregnant or seriously ill; or\n(b) 60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part A1 of Schedule 4 in any other case.\n(2) A payment calculated in accordance with paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. 64A-64D inserted (3.12.2012) by The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2756), regs. 1(1), 6 (with reg. 1(2))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 64D(1) substituted (3.4.2017) by The Employment and Support Allowance (Exempt Work Hardship Amounts) (Amendment) Regulations 2017 (S.I. 2017/205), regs. 1, 5"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 64D(1) substituted (6.4.2026) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment) Regulations 2026 (S.I. 2026/113), reg. 1(3), Sch. para. 3 (with reg. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/regulation/64D",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}