Regulation 12 Period when a person is not a person in hardshipI1

After regulation 140 of the Jobseeker’s Allowance Regulations there shall be inserted the following regulation—

“Period when a person is not a person in hardship

140A

(1)

A claimant who is not a person in hardship by virtue of regulation 140(4A)^f1 shall not be a person in hardship throughout the period of—

(a)

4 weeks in a case to which regulation 69(a)^f2 (prescribed period for the purposes of Article 21(2) of the Order) applies, or

(b)

2 weeks in any other case,

beginning on, and including, the day from which the decision that Article 21(5)(b) or (c) of the Order (circumstances in which a jobseeker’s allowance is not to be payable) applies by virtue of an act or omission specified in regulation 140(4A) (“the New Deal decision”), has effect by virtue of regulation 69 or, as the case may be, by virtue of regulation 56A(6) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995^f3 (jobseeker’s allowance questions not immediately determinable).

(2)

Where a claimant who is not a person in hardship by virtue of regulation 140(4A) was a person in hardship for the purposes of regulation 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) immediately before the commencement of the period referred to in paragraph (1), that claimant shall, subject to paragraph (3), again become a person in hardship for the purposes of regulation 142 on the day following the expiration of that period.

(3)

A claimant to whom paragraph (2) applies shall not again become a person in hardship for the purposes of regulation 142 if—

(a)

the day following the day the period referred to in paragraph (1) expires is a day within a period in respect of which a subsequent New Deal decision applies by virtue of paragraph (1), or

(b)

on the day following the expiry of the period referred to in paragraph (1), he is not a person in hardship for the purposes of regulation 142.”.