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141.—(1) This regulation applies to persons in hardship within the meaning of regulation 140(1) (meaning of “person in hardship”), and is subject to the provisions of regulations 143 and 144 (conditions for hardship payments and provision of information).
(2) Subject to paragraph (3), a person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with and including the date of claim or, if later, from, and including, the day he first becomes a person in hardship and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in Article 3(2)(a) to (c) of the Order (the jobseeker’s allowance).
(3) A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date of claim referred to in that paragraph but before the date the statement mentioned in regulation 143(1) is furnished where the adjudication officer is satisfied that the claimant suffered hardship because of a lack of resources during that period.
(4) A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under Article 8(4) of the Order (availability for employment) shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of Article 3(2)(a) to (c) of the Order provided he satisfies the other conditions of entitlement to that benefit.
(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulation 36 of the Claims and Payments Regulations (suspension in individual cases) on the ground that a doubt has arisen as to whether he satisfies the requirements of Article 3(2)(a) to (c) of the Order, but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.
(6) An income-based jobseeker’s allowance shall be payable to a person in hardship even though Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.
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