The Jobseeker's Allowance Regulations 2013

Higher-level sanction E+W+S

19.— [F1 (1) Where the sanctionable failure is not a pre-claim failure, the reduction for a higher-level sanction in the circumstances described in the first column of the following table is the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous relevant failure by the claimant	91 days
Where there have been one or more previous relevant failures by the claimant and the date of the most recent relevant failure is not within 365 days beginning with the date of the current sanctionable failure	91 days
Where there have been one or more previous relevant failures by the claimant and the date of the most recent previous relevant 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 relevant failure is—
(a) 91 days	182 days
(b) 182 days	[F2 182 days]
F3 . . .	F3 . . .
Where there have been one or more previous relevant failures by the claimant and the date of the most recent previous relevant failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous relevant failure is—
(a) 91 days	91 days
(b) 182 days	182 days]
F4 . . .	F4 . . .

(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.

[F5 (4) In this regulation “relevant failure” means—

(a) a sanctionable failure giving rise to a higher-level sanction, or

(b) a UC sanctionable failure giving rise to a sanction under section 26 of the Welfare Reform Act 2012.]

Textual Amendments

F1 Reg. 19(1) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseekers Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 6(4)(a)

F2 Words in reg. 19(1) substituted (27.11.2019) by The Jobseekers Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 4(a)(i) (with reg. 5)

F3 Words in reg. 19(1) omitted (27.11.2019) by virtue of The Jobseekers Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 4(a)(ii) (with reg. 5)

F4 Words in reg. 19(1) omitted (27.11.2019) by virtue of The Jobseekers Allowance and Universal Credit (Higher-Level Sanctions) (Amendment) Regulations 2019 (S.I. 2019/1357), regs. 1, 4(b) (with reg. 5)

F5 Reg. 19(4) inserted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseekers Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 6(4)(b)