# The Social Security (Loss of Benefit) Regulations 2001, Regulation 16A: Payment of income-related employment and support allowance to specified persons


(1) Subject to regulation 16B, an income-related employment and support allowance is payable in accordance with the following provisions of this Part to an offender or an offender’s family member (“O”) where—
(a) O meets the conditions for entitlement to that allowance;
(b) the amount of the allowance otherwise payable to O is subject to a reduction under regulation 3ZA above or regulation 63 of the ESA Regulations ; and
(c) the Secretary of State is satisfied that O, their partner or a child or qualifying young person for whom they are responsible, will be in hardship unless such a payment is made.
(2) The Secretary of State must take the following matters into account in determining whether a person is in hardship for the purpose of paragraph (1)(c)—
(a) whether O’s partner or a person in O’s family satisfies the requirements for a disability premium specified in paragraphs 6 and 7 of Schedule 4 to the ESA Regulations , or for 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;
(b) the household’s available resources without a payment under paragraph (1), including resources from persons who are not members of the household;
(c) the difference between the available resources and the amount of a payment under paragraph (1) that O would receive;
(d) whether there is a substantial risk that the household will not have access to essential items (including food, clothing, heating and accommodation), or will have access to such essential items at considerably reduced levels, without a payment under paragraph (1); and
(e) the length of time that the factors set out in sub-paragraphs (b) to (d) are likely to continue.
(3) In paragraphs (1) and (2), “partner”, “child” and “qualifying young person” have the same meaning as they have in the ESA Regulations .

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Source: https://www.legislation.gov.uk/uksi/2001/4022/regulation/16A (the official version)
Page: https://openlegislation.uk/social-security-loss-of-benefit-regulations-2001/regulation-16A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.