Commentary on Sections Part 1: Universal credit Section 28: Hardship payments
111.Section 28 enables regulations to make provision for universal credit payments to be made to claimants who have been sanctioned under section 26 or 27 and can demonstrate that they are or will be in hardship. In particular, regulations may prescribe the circumstances in which a person will be treated as being in hardship, the amounts and duration of any payments and conditions which claimants will have to satisfy to become and remain eligible. It also enables regulations to make provision for such payments to be recoverable. Where such payments are recoverable section 105 (which amends the SSAA 1992) deals with the methods through which recovery can be made (for example, by deduction from future benefit payments).
112.The first regulations made under this section will be subject to the affirmative resolution procedure.