Regulation 146A Meaning of “couple in hardship”F1C1

where the couple have an award, a joint-claim jobseeker’s allowance is not payable F3... because it is suspended F4or the award is reduced in accordance with section 19 or 19A or regulation 69B; and

the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship; or

the suffering has already lasted or is likely to last, for not less than 26 weeks; and

unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within two weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship; or

is in receipt of an attendance allowance F6, pension age disability payment F7, the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act F8, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations F9, 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 F10, armed forces independence payment F11, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act F12, or 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; or

has claimed either attendance allowance , pension age disability payment F13, disability living allowance F14, Scottish adult disability living allowance F15, child disability payment F16, armed forces independence payment F17, personal independence payment F18or adult disability payment, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever 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 madeF19; or

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 made; F21or

has claimed adult disability payment and has an award of the daily living component 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,

who, pursuant to the Children Act 1989 F24or 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 F25either of those Acts, to take reasonable steps to keep in touch; or

who, pursuant to F26either of those Acts, qualified for advice or assistance from a local authority,

as at the date on which the requirements of regulation 146F are complied with, that member is, or both of those members are, under the age of 21 F27; or