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Regulation 158 Meaning of “person in hardship”I1

Northern Ireland

(1)

A claimant is a person in hardship if the claimant—

(a)

has informed the Department 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 F1armed forces independence payment, an attendance allowance F2F3, pension age disability payment , the care componentF4, the daily living component F5or the daily living component of adult disability payment ;

(c)

has F6claimed armed forces independence payment, attendance allowance F7F8, pension age disability payment , disability living allowance F9F10, Scottish adult disability living allowance , child disability 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 F13armed forces independence payment, an attendance allowance F14F15, pension age disability payment , the care componentF16, the daily living component F17or the daily living component of adult disability payment , or

(ii)

has F18claimed armed forces independence payment, attendance allowance F19F20, pension age disability payment , disability living allowance F21, Scottish adult disability living allowance or personal independence payment F22or adult disability payment F23, child disability payment and the claim has not been determined; or

F24(e)

has attained the qualifying age for state pension credit.

(4)

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

F25(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, F26...

(b)

the care component of child disability payment at the highest or middle rate provided for in regulation 11(5) of the DACYP RegulationsF27; or

(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.

Annotations

Textual amendments

F1

Words in reg. 158(3)(b) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(4)(a)

F2

Words in reg. 158(3)(b) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(4)(a)

F3

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), 29(3)

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), 26(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), 26(4)(a)(ii)

F6

Words in reg. 158(3)(c) substituted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(4)(b)

F7

Words in reg. 158(3)(c) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(4)(b)

F8

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), 29(3)

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. 10 para. 4(2)(a)

F10

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), 29(4)(a)

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), 26(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), 26(4)(b)(ii)

F13

Words in reg. 158(3)(d)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(4)(c)

F14

Words in reg. 158(3)(d)(i) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(4)(c)

F15

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), 29(3)

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), 26(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), 26(4)(c)(i)(bb)

F18

Words in reg. 158(3)(d)(ii) substituted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(4)(d)

F19

Words in reg. 158(3)(d)(ii) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(4)(d)

F20

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), 29(3)

F21

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), 29(4)(a)

F22

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), 26(4)(c)(ii)(bb)

F23

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. 10 para. 4(2)(b)

F24

Reg. 158(3)(e) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010 (S.R. 2010/103), regs. 1(1), 11(3)

F25

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. 10 para. 4(3)

F26

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), 29(4)(b)(i)

F27

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), 29(4)(b)(ii)

Commencement

I1

Reg. 158 in operation at 27.10.2008, see reg. 1(1)