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5. In regulation 64D of the Employment and Support Allowance Regulations 2008(1) (the amount of a hardship payment) for paragraph (1) substitute—
“(1) A hardship payment is either—
(a)80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4(2) where—
(i)the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the Welfare Reform Act 2007 as in force immediately before 3rd April 2017; and
(ii)the claimant or any other member of their family is either pregnant or seriously ill; or
(b)60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of Part 1 of Schedule 4 in any other case.”.
Regulation 64D inserted by S.I. 2012/2756.