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7.—(1) The Employment and Support Allowance Regulations 2013(1) are amended as follows.
(2) In regulation 50 (interpretation)—
(a)before the definition of “JSA sanctionable failure” insert—
““current sanctionable failure” means a failure of the following kinds in relation to which the Secretary of State has not yet determined whether the amount of an award of benefit is to be reduced—
a sanctionable failure,
a JSA sanctionable failure, or
a UC sanctionable failure;”;
(b)before the definition of “sanctionable failure” insert—
““relevant failure” means—
a sanctionable failure giving rise to a low-level sanction,
a UC sanctionable failure giving rise to a sanction under section 27 of the Welfare Reform Act 2012 to which regulation 104 of the Universal Credit Regulations 2013 applies, or
a JSA sanctionable failure giving rise to a sanction under section 6K of the Jobseekers Act 1995 to which regulation 21 of the Jobseeker’s Allowance Regulations 2013 applies;”.
(3) In regulation 51 (general principles for calculating reduction periods), omit paragraph (4)(a).
(4) In regulation 52 (low-level sanction), for paragraph (b) substitute—
“(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 relevant failure by the claimant | 7 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 not within 365 days beginning with the date of the current sanctionable failure | 7 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) 7 days | 14 days |
(b) 14 days | 28 days |
(c) 28 days | 28 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 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) 7 days | 7 days |
(b) 14 days | 14 days |
(c) 28 days | 28 days.” |
S.I. 2013/379, amended by S.I. 2014/597; there are other amending instruments but none is relevant.
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