Regulation 94 Meaning of “person in hardship”

A claimant is a “person in hardship” if the claimant—

A claimant falls within this paragraph if—

Subject to paragraph (4), the claimant falls within this paragraph if the claimant or the claimant's partner—

A claimant to whom paragraph (3)(b) or (3)(c)(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.

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.

The matters referred to in paragraph (5) are—

In this regulation—

• F17“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• F18“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

• “attendance allowance” means—

  1. (a)

     an attendance allowance under section 64 of the Contributions and Benefits Act M2;

  2. (b)

     an increase of disablement pension under section 104 or 105 of that Act;

  3. (c)

     F19...

  4. (d)

     ...

  5. (e)

     a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 M3 or any analogous payment;

  6. (f)

     any payment based on the need for attendance which is paid as an addition to a war disablement pension (which means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 M4);

• F20“care component” means—

  1. (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; F21...

  2. (b)

     the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; F22 or

  3. (c)

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

• “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

• F23“daily living component” means—

  1. (a)

     in respect of personal independence payment, the daily living component of that payment at the standard or enhanced rate referred to in section 78 of the Welfare Reform Act 2012;

  2. (b)

     in respect of adult disability payment, the daily living component of that payment at the standard or enhanced rate referred to in regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

• “disability living allowance” means a disability living allowance under section 71 of the Contributions and Benefits Act M5;

• F24“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;

• “personal independence payment” means an allowance under Part 4 of the Welfare Reform Act 2012 F25;

• “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.