101.—(1) The number of days for which a reduction in the amount of an award is to have effect (“the reduction period”) is to be determined in relation to each sanctionable failure in accordance with regulations 102 to 105, but subject to paragraphs (3) and (4).
(2) Reduction periods are to run consecutively.
(3) If the reduction period calculated in relation to a sanctionable failure in accordance with regulations 102 to 105 would result in the total outstanding reduction period exceeding 1095 days, the reduction period in relation to that failure is to be adjusted so that the total outstanding reduction period does not exceed 1095 days.
F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In paragraph (3) “the total outstanding reduction period” is the total number of days for which no reduction in an award under section 26 or 27 of the Act has yet been applied.
Textual Amendments
F1Reg. 101(4) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(6)
102.—(1) This regulation specifies the reduction period for a sanctionable failure under section 26 of the Act (“higher level sanction”).
[F2(2) Where the sanctionable failure is not a pre-claim failure, the reduction in the circumstances described in the first column of the following table is the period set out in—
(a)the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;
(b)the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.
| Circumstances in which reduction period applies | Reduction period where claimant aged 18 or over | Reduction period where claimant aged 16 or 17 |
| Where there has been no previous sanctionable failure by the claimant giving rise to a higher-level sanction | 91 days | 14 days |
| Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure | 91 days | 14 days |
| Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
| (a) 14 days | – | 28 days |
| (b) 28 days | – | 28 days |
| (c) 91 days | 182 days | – |
| (d) 182 days | [F3182 days] | – |
| (e) F4... | F4. . . | – |
| Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
| (a) 14 days | – | 14 days |
| (b) 28 days | – | 28 days |
| (c) 91 days | 91 days | – |
| (d) 182 days | 182 days | – |
| (e) F5... | F5. . . | –] |
(3) But where the other sanctionable failure referred to in paragraph (2) was a pre-claim failure it is disregarded in determining the reduction period in accordance with that paragraph.
(4) Where the sanctionable failure for which a reduction period is to be determined is a pre-claim failure, the period is the lesser of—
(a)the period that would be applicable to the claimant under paragraph (2) if it were not a pre-claim failure; or
(b)where the sanctionable failure relates to paid work that was due to last for a limited period, the period beginning with the day after the date of the sanctionable failure and ending with the date on which the limited period would have ended,
minus the number of days beginning with the day after the date of the sanctionable failure and ending on the day before the date of claim.
[F6(5) In this regulation—
“higher-level sanction” means a sanction under section 26 of the Act;
“pre-claim failure” means a failure sanctionable under section 26(4) of the Act.]
Textual Amendments
F2Reg. 102(2) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(7)(a)
F3Words in reg. 102(2) substituted (27.11.2019) by The Jobseeker's Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 3(a)(i) (with reg. 5)
F4Words in reg. 102(2) omitted (27.11.2019) by virtue of The Jobseeker's Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 3(a)(ii) (with reg. 5)
F5Words in reg. 102(2) omitted (27.11.2019) by virtue of The Jobseeker's Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 3(b) (with reg. 5)
F6Reg. 102(5) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(7)(b)
103.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where it is a failure by the claimant to comply with—
(a)a work search requirement under section 17(1)(a) (to take all reasonable action to obtain paid work etc.); or
(b)a work availability requirement under section 18(1).
[F7(2) The reduction in the circumstances described in the first column of the following table is the period set out in—
(a)the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;
(b)the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.
| Circumstances in which reduction period applies | Reduction period where claimant aged 18 or over | Reduction period where claimant aged 16 or 17 |
| Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1) | 28 days | 7 days |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure | 28 days | 7 days |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
| (a) 7 days | – | 14 days |
| (b) 14 days | – | 14 days |
| (c) 28 days | 91 days | – |
| (d) 91 days | 91 days | – |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
| (a) 7 days | – | 7 days |
| (b) 14 days | – | 14 days |
| (c) 28 days | 28 days | – |
| (d) 91 days | 91 days | –] |
Textual Amendments
F7Reg. 103(2) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(8)
104.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where —
(a)the claimant falls within section 21 (claimants subject to work preparation requirement) or 22 (claimants subject to all work-related requirements) of the Act on the date of that failure; and
(b)it is a failure to comply with—
(i)a work-focused interview requirement under section 15(1),
(ii)a work preparation requirement under section 16(1),
(iii)a work search requirement under section 17(1)(b) (to take any particular action specified by the Secretary of State to obtain work etc.), or
(iv)a requirement under section 23(1), (3) or (4) (connected requirements: interviews and verification of compliance).
(2) Where the claimant is aged 18 or over on the date of the sanctionable failure, the reduction period is the total of—
(a)the number of days beginning with the date of the sanctionable failure and ending with—
(i)the day before the date on which the claimant meets a compliance condition specified by the Secretary of State,
(ii)the day before the date on which the claimant falls within section 19 of the Act (claimant subject to no work-related requirements),
(iii)the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Secretary of State under section 16, or
(iv)the date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest; and
[F8(b)in the circumstances described in the first column of the following table, the number of days set out in the second column.
| Circumstances applicable to claimant’s case | Number of days |
| Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1) | 7 days |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure | 7 days |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | |
| (a) 7 days | 14 days |
| (b) 14 days | 28 days |
| (c) 28 days | 28 days |
| Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | |
| (a) 7 days | 7 days |
| (b) 14 days | 14 days |
| (c) 28 days | 28 days.] |
(3) Where the claimant is aged 16 or 17 years on the date of the sanctionable failure, the reduction period is—
(a)the number of days beginning with the date of the sanctionable failure and ending with—
(i)the day before the date on which the claimant meets a compliance condition specified by the Secretary of State,
(ii)the day before the date on which the claimant falls within section 19 of the Act (claimant subject to no work-related requirements),
(iii)the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Secretary of State under section 16, or
(iv)date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest; and
[F9(b)if there was another sanctionable failure of a kind mentioned in paragraph (1) within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure, 7 days.]
Textual Amendments
F8Reg. 104(2)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(9)(a)
F9Reg. 104(3)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(9)(b)
105.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where it is a failure by a claimant who falls within section 20 of the Act (claimants subject to work-focused interview requirement only) to comply with a requirement under that section.
(2) The reduction period is the number of days beginning with the date of the sanctionable failure and ending with—
(a)the day before the date on which the claimant meets a compliance condition specified by the Secretary of State;
(b)the day before the date on which the claimant falls within section 19 of the Act (claimant subject to no work-related requirements); or
(c)the day on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest.