The Jobseeker’s Allowance Regulations 1996

[F1 The period of a reduction under section 19: higher-level sanctions

69.— [F2 (1) Subject to paragraphs (3) and (4), a reduction under section 19 (higher-level sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2)	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been—
(a) 13 weeks	26 weeks
(b) 26 weeks	156 weeks
(c) 156 weeks	156 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been—
(a) 13 weeks	13 weeks
(b) 26 weeks	26 weeks
(c) 156 weeks	156 weeks.]

(2) A previous sanctionable failure referred to in paragraph (1) falls within this paragraph if—

(a) the failure resulted in a decision to reduce the claimant’s award in accordance with section 19 [F3 and];

(b) in the case of a joint-claim couple, the failure was by the same claimant; F4 ...

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a claimant’s award has been reduced in relation to a sanctionable failure which is specified in section 19(2)(a), (b) or (d) and which occurred before the date of claim for a jobseeker’s allowance, any such failure must not be counted for the purpose of determining the period of a reduction for a subsequent sanctionable failure under section 19.

(4) Where a sanctionable failure which is specified in section 19(2)(a), (b) or (d) occurs on or before the date on which a claim for a jobseeker’s allowance is made—

(a) except where sub-paragraph (b) applies, the reduction relating to that failure is to have effect for the period set out in paragraph (1) that applies in the claimant’s case (the “applicable sanction period”) minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim;

(b) if—

(i) the failure was in relation to employment which was due to last for a limited period,

(ii) the limited period ends on or before the end of the applicable sanction period, and

(iii) the date of claim is on or before the last day of the limited period,

the reduction relating to that failure is to have effect for the period beginning with the day after the date of the sanctionable failure and ending with the last day of the limited period minus the period beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim.

(5) In paragraph (4)(b), “limited period” means a specific term which is fixed, or which can be ascertained, before it begins, by reference to some relevant circumstance.

(6) The period of a reduction under section 19 begins—

(a) on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or

(b) in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.]

Textual Amendments

F1 Regs. 69-69B substituted for reg. 69 (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 2(2)

F2 Reg. 69(1) 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, 3(2)(a)

F3 Word in reg. 69(2)(a) inserted (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, 3(2)(b)(i)

F4 Reg. 69(2)(c) and word 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, 3(2)(b)(ii)