The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Meaning of “person in hardship”

140.—(1) In this Part, a “person in hardship” means for the purposes of regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) a claimant, other than a claimant to whom paragraph (3) or (4) applies, who—

(a) is a single woman—

(i) who is pregnant, and

(ii) in respect of whom the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship;

(b) is a single person who is responsible for a young person, and the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to the single person, the young person will suffer hardship;

(c) is a member of a married or unmarried couple, where—

(i) the woman is pregnant, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship;

(d) is a member of a polygamous marriage and—

(i) one member of the marriage is pregnant, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship;

(e) is a member of a married or unmarried couple or of a polygamous marriage where—

(i) 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

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;

(f) 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—

(i) where the person has an award, a jobseeker’s allowance is not payable either because it is suspended or because Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) applies in his case, and

(ii) the adjudication officer 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;

(g) suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the adjudication officer is satisfied that—

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

(ii) 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 adjudication officer making his decision, decline further than that of a normally healthy adult and that person would suffer hardship;

(h) 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—

(i) is in receipt of an attendance allowance or the care component of disability living allowance at one of the 2 higher rates prescribed under section 72(4) of the Benefits Act;

(ii) has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from, and including, the date of claiming, whichever is the earlier,

and the adjudication officer is satisfied, after taking account of the factors set out in paragraph (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;

(i) is a person or is a partner of a person to whom Article 18 of the Order applies by virtue of a direction issued by the Department, except where the person to whom the direction applies does not satisfy the requirements of Article 3(2)(a) to (c) of the Order, or

(j) is a person—

(i) to whom Article 5(1)(f)(iii) of the Order (persons under the age of 18) applies, or is a partner of such a person, and

(ii) in respect of whom the adjudication officer is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship.

(2) Except in a case to which paragraph (3) applies a “person in hardship” means for the purposes of regulation 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), a claimant where the adjudication officer is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.

(3) 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 or who falls within a category of persons prescribed for the purpose of section 123(1)(e) of the Benefits Act.

(4) Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.

(5) Factors which, for the purposes of paragraphs (1) and (2), an adjudication officer is to take into account in determining whether a person will suffer hardship are—

(a) 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;

(b) 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;

(c) 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.