Regulation 140 Meaning of “person in hardship"C1
In this Part of these Regulations, a “person in hardship" means for the purposes of regulation 141 a claimant, other than a claimant to whom paragraph (3) or (4) applies F1or a member of a joint-claim couple and regulation 3E does not apply, who—
is a single woman–
who is pregnant; and
in respect of whom F2the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship; or
is a single person who is responsible for a F3child or young person, and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid to the single person, the child or young person will suffer hardship; or
is a member of a polygamous marriage and–
one member of the marriage is pregnant; and
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship; or
is a member of F6a couple or of a polygamous marriage where–
one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship; or
has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed have included, in his applicable amount a disability premium and—
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship; or
suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical F9or mental impairment and the Secretary of State is satisfied that—
the suffering has already lasted, or is likely to last, for not less than 26 weeks; and
unless a jobseeker’s allowance is paid to the claimant the probability is that the health of the person suffering would, within 2 weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and that person would suffer hardship; or
does, or whose partner does, or in the case of a claimant who is married to more than one person under a law which permits polygamy, at least one of those persons do, devote a considerable portion of each week to caring for another person who—
is in receipt of an attendance allowance F10, pension age disability payment F11, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act F12, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F13, 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 F14, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act F15, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 F16or armed forces independence payment; or
has claimed either attendance allowance , pension age disability payment F17, disability living allowance F18, Scottish adult disability living allowance F19, child disability payment F20, armed forces independence payment F21, personal independence payment F22or adult disability payment, but only for so long as the claim has not been determined, or for, 26 weeks from the date of claiming, F23whichever is the earlier; or,
has claimed either attendance allowance , pension age disability payment or disability living allowance and has an award of either attendance allowance , pension age disability payment or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made, F24or
has claimed child disability payment and has an award of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations for a period commencing after the date on which the claim was made; or
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 madeF26; or
has claimed adult disability payment and has an award of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 for a period commencing after the date on which that claim was made; or
has claimed and has an award of armed forces independence payment for a period commencing after the date on which that claim was made,
and the Secretary of State is satisfied, after taking account of the factors set out in F28paragraph (5) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the claimant; or
is a person or is the partner of a person to whom section 16 applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c); or
is a person–
to whom section 3(1)(f)(iii) (persons under the age of 18) applies, or is the partner of such a person; and
in respect of whom the Secretary of State is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer F29hardship; or.
is a person
who, pursuant to the Children Act 1989 F31or the Social Services and Well-being (Wales) Act 2014, was being looked after by a local authority;
with whom the local authority had a duty, pursuant to F32either of those Acts, to take reasonable steps to keep in touch; or
who, pursuant to F33either of those Acts, qualified for advice and assistance from a local authority,
but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and
as at the date on which he complies with the requirements of regulation 143, is under the age of 21F34; or
is a person who is homeless within the meaning of Part 7 of the Housing Act 1996, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be.
Except in a case to which paragraph (3) F36... applies F37or where the person in hardship is a member of a joint-claim couple and regulation 3E does not apply a “person in hardship" means for the purposes of regulation 142, a claimant where the Secretary of State is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.
In paragraphs (1) and (2) a “person in hardship" does not include a claimant who is entitled, or whose partner is entitled, to income support F38or an income-related employment and support allowance or F39a claimant or a partner of a claimant who falls within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act.
Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a F40care home, an Abbeyfield Home or an independent hospital.
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Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether a person will suffer hardship are—
the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 F44or F45for a disabled child premium specified in paragraph 16 of that Schedule an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002;
the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’s household who is not a member of his family, and the length of time for which those factors are likely to persist;
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.
In paragraph (5)(b), “resources” does not include any sum, where applicable, specified in paragraph 6B(1) and (2) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings - child tax credit and child benefit).
Annotations
Textual amendments
- F1
Words in reg. 140(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 45(a)
- F2
Words in reg. 140 substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2
- F3
Words in reg. 140(1)(b) substituted (24.11.2008) by The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/3051), regs. 1(2), 11(14) (with reg. 13)
- F4
Words in reg. 140(1)(c) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(i) (with art. 3)
- F5
Reg. 140(1)(c)(i) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(a)(ii) (with art. 3)
- F6
Words in reg. 140(1)(e) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(8)(b) (with art. 3)
- F7
Word in reg. 140(1)(f)(i) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(a)
- F8
Words in reg. 140(1)(f)(i) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(a)
- F9
Words in reg. 140(1)(g) inserted (23.10.2017) by The Jobseeker’s Allowance (Hardship) (Amendment) Regulations 2017 (S.I. 2017/760), regs. 1, 2(2)(a)
- F10
Words in reg. 140(1)(h)(i)-(iii) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 6(4)
- F11
Words in reg. 140(1)(h)(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. 16(4)(a)
- F12
Words in reg. 140(1)(h)(i) 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. 3 para. 4(a)
- F13
Words in reg. 140(1)(h)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 7(4)(a)
- F14
Reg. 140(1)(h)(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), 5(4)(a)(i)
- F15
Words in reg. 140(1)(h)(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), 5(4)(a)(ii)
- F16
Words in reg. 140(1)(h)(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. 10(4)(a)
- F17
Words in reg. 140(1)(h)(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. 16(4)(b)
- F18
Words in reg. 140(1)(h)(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), 7(4)(b)
- F19
Words in reg. 140(1)(h)(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. 3 para. 4(b)
- F20
Words in reg. 140(1)(h)(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. 10(4)(b)
- F21
Reg. 140(1)(h)(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), 5(4)(b)(i)
- F22
Words in reg. 140(1)(h)(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), 5(4)(b)(ii)
- F23
Words in reg. 140(1)(h)(ii) substituted and reg. 140(1)(h)(iii) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 13(1)
- F24
Reg. 140(1)(h)(iv) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 16(4)(c)
- F25
Reg. 140(1)(h)(iiia) 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. 3 para. 4(c)
- F26
Reg. 140(1)(h)(v) and word 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. 10(4)(c)
- F27
Reg. 140(1)(h)(iva) 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), 5(4)(c)
- F28
Words in reg. 140(1)(h)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
- F29
Words in reg. 140(1)(j) substituted (23.10.2017) by The Jobseeker’s Allowance (Hardship) (Amendment) Regulations 2017 (S.I. 2017/760), regs. 1, 2(2)(b)
- F30
Words in reg. 140(1) added (6.3.2000) by The Jobseeker’s Allowance (Amendment) Regulations 2000 (S.I. 2000/239), regs. 1, 2(4)
- F31
Words in reg. 140(1)(k)(i) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(5)(a)
- F32
Words in reg. 140(1)(k)(ii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(5)(b)
- F33
Words in reg. 140(1)(k)(iii) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 6(5)(b)
- F34
Words in reg. 140(1)(k) inserted (23.10.2017) by The Jobseeker’s Allowance (Hardship) (Amendment) Regulations 2017 (S.I. 2017/760), regs. 1, 2(2)(c)
- F35
Reg. 140(1)(l) inserted (23.10.2017) by The Jobseeker’s Allowance (Hardship) (Amendment) Regulations 2017 (S.I. 2017/760), regs. 1, 2(2)(d)
- F36
Words in reg. 140(2) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(b)
- F37
Words in reg. 140(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 45(b)
- F38
Words in reg. 140(3) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(17)
- F39
Words in reg. 140(3) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 25
- F40
Words in reg. 140(4) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 7
- F41
Reg. 140(4A) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(c)
- F42
Reg. 140(4B) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(c)
- F43
Reg. 140(4C) omitted (22.10.2012) by virtue of The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 3(2)(c)
- F44
Words in reg. 140(5)(a) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 13(2)
- F45
Words in reg. 140(5)(a) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 18
- F46
Reg. 140(6) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(10)
Modifications
- C1
Reg. 140 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 10
- C2
Reg. 140(1)(f)(i) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(e)
Notes on the whole SI
Textual amendments
- F1
- F2
Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
- F3
1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
- F4
1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
- F5
See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).