The Jobseeker's Allowance Regulations 2013

Higher-level sanction E+W+S

19.—(1) Where the sanctionable failure is not a pre-claim failure, the reduction period for a higher-level sanction is—

(a) 91 days, if sub-paragraphs (b) and (c) do not apply;

(b) 182 days, if in the [F1 364] days preceding the failure in question there was—

(i) another sanctionable failure giving rise to a higher-level sanction for which a 91 day reduction period applies; or

(ii) a UC sanctionable failure giving rise to a higher-level sanction under regulation 102(2) of the Universal Credit Regulations 2013 for which a 91 day reduction period applies; or

(c) 1095 days, if in that period of [F1 364] days there was—

(i) another sanctionable failure giving rise to a higher-level sanction for which a 182 day or 1095 day reduction period applies; or

(ii) a UC sanctionable failure giving rise to a higher-level sanction under regulation 102(2) of the Universal Credit Regulations 2013 for which a 182 day or 1095 day reduction period applies.

(2) But where—

(a) the other sanctionable failure referred to in paragraph (1) was a pre-claim failure; or

(b) the UC sanctionable failure referred to in paragraph (1) was a pre-claim failure under regulation 102(4) of the Universal Credit Regulations 2013,

it is to be disregarded in determining the reduction period in accordance with paragraph (1).

(3) Where the sanctionable failure for which a reduction period is to be determined is a pre-claim failure, the reduction period is the lesser of—

(a) the period which would be applicable to the claimant under paragraph (1) 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 last day of the limited period,

minus the number of days beginning with the day after the date of the sanctionable failure and ending with the day before the date of claim.

Textual Amendments

F1 Word in reg. 19(1)(b)(c) substituted (28.4.2014) by The Universal Credit and Miscellaneous Amendments Regulations 2014 (S.I. 2014/597), regs. 1, 3(4)