102.—(1) This regulation specifies the reduction period for a sanctionable failure under section 26 of the Act (“higher level sanction”).
(2) Where the sanctionable failure is not a pre-claim failure the reduction period is—
(a)where the claimant is aged 18 or over on the date of the sanctionable failure—
(i)91 days, if paragraphs (ii) and (iii) do not apply,
(ii)182 days, if there was another sanctionable failure giving rise to a higher-level sanction in the [F1364] days preceding the failure in question for which a 91 day reduction period applies, or
(iii)1095 days, if there was another sanctionable failure giving rise to a higher-level sanction in that period of [F2364] days for which a 182 day or 1095 day reduction period applies; or
(b)where the claimant is aged 16 or 17 on the date of the sanctionable failure—
(i)14 days, if paragraph (ii) does not apply, or
(ii)28 days, if there was another sanctionable failure giving rise to a higher-level sanction in the [F3364] days preceding the failure in question for which a 14 day or 28 day reduction period applies.
(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.
(5) In this regulation “pre-claim failure” means a failure sanctionable under section 26(4) of the Act.
Textual Amendments
F1Word in reg. 102(2)(a)(ii) substituted (28.4.2014) by The Universal Credit and Miscellaneous Amendments Regulations 2014 (S.I. 2014/597), regs. 1, 2(9)
F2Word in reg. 102(2)(a)(iii) substituted (28.4.2014) by The Universal Credit and Miscellaneous Amendments Regulations 2014 (S.I. 2014/597), regs. 1, 2(9)
F3Word in reg. 102(2)(b)(ii) substituted (28.4.2014) by The Universal Credit and Miscellaneous Amendments Regulations 2014 (S.I. 2014/597), regs. 1, 2(9)