PART 8CLAIMANT RESPONSIBILITIES
CHAPTER 2SANCTIONS
Reduction periods
General principles for calculating reduction periods98
1
The number of days for which a reduction in the amount of an award is to have effect (“the reduction period”) is to be determined in relation to each sanctionable failure in accordance with regulations 99 to 102, subject to paragraphs (3) and (4).
2
Reduction periods are to run consecutively.
3
If the reduction period calculated in relation to a sanctionable failure in accordance with regulations F199 to 102 would result in the total outstanding reduction period exceeding 546 days, the reduction period in relation to that failure is to be adjusted so that the total outstanding reduction period does not exceed 546 days.
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In paragraph (3) “the total outstanding reduction period” is the total number of days for which no reduction in an award under Article 31 (higher-level sanctions) or 32 (other sanctions) of the Order has yet been applied.
Higher-level sanctions99
1
This regulation specifies the reduction period for a sanctionable failure under Article 31 of the Order (higher-level sanctions).
F32
Where the sanctionable failure is not a pre-claim failure, the reduction in the circumstances described in the first column of the following table is the period set out in—
a
the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;
b
the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.
Circumstances in which reduction period applies | Reduction period where claimant aged 18 or over | Reduction period where claimant aged 16 or 17 |
|---|---|---|
Where there has been no previous sanctionable failure by the claimant giving rise to a higher-level sanction | 91 days | 14 days |
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure | 91 days | 14 days |
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable 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 sanctionable failure is— | ||
(a) 14 days | - | 28 days |
(b) 28 days | - | 28 days |
(c) 91 days | 182 days | - |
(d) 182 days | F8182 days | - |
F9. . . | F9. . . | - |
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
(a) 14 days | - | 14 days |
(b) 28 days | - | 28 days |
(c) 91 days | 91 days | - |
(d) 182 days | 182 days | - |
F10. . . | F10. . . | - |
3
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.
F45
In this regulation—
“higher-level sanction” means a sanction under Article 31 of the Order;
“pre-claim failure” means a failure sanctionable under Article 31(4) of the Order.
Medium-level sanction100
1
This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where it is a failure by the claimant to comply with—
a
a work search requirement under Article 22(1)(a) (to take all reasonable action to obtain paid work etc.), or
b
a work availability requirement under Article 23(1).
F52
The reduction in the circumstances described in the first column of the following table is the period set out in—
a
the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;
b
the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.
Circumstances in which reduction period applies | Reduction period where claimant aged 18 or over | Reduction period where claimant aged 16 or 17 |
|---|---|---|
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1) | 28 days | 7 days |
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure | 28 days | 7 days |
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable 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 sanctionable failure is— | ||
(a) 7 days | - | 14 days |
(b) 14 days | - | 14 days |
(c) 28 days | 91 days | - |
(d) 91 days | 91 days | - |
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | ||
(a) 7 days | - | 7 days |
(b) 14 days | - | 14 days |
(c) 28 days | 28 days | - |
(d) 91 days | 91 days | - |
Low-level sanction101
1
This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where—
a
the claimant falls within Article 26 (claimants subject to work preparation requirement) or 27 (claimants subject to all work-related requirements) of the Order on the date of that failure; and
b
it is a failure to comply with—
i
a work-focused interview requirement under Article 20(1),
ii
a work preparation requirement under Article 21(1),
iii
a work search requirement under Article 22(1)(b) (to take any particular action specified by the Department to obtain paid work etc.), or
iv
a requirement under Article 28(1), (3) or (4) (connected requirements: interviews and verification of compliance).
2
Where the claimant is aged 18 or over on the date of the sanctionable failure, the reduction period is the total of—
a
the number of days beginning with the date of the sanctionable failure and ending with—
i
the day before the date on which the claimant meets a compliance condition specified by the Department,
ii
the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements),
iii
the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Department under Article 21, or
iv
the date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest, and
F6b
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 the claimant’s case | Number of days |
|---|---|
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1) | 7 days |
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable 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 sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable 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 sanctionable 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 sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is— | |
(a) 7 days | 7 days |
(b) 14 days | 14 days |
(c) 28 days | 28 days. |
3
Where the claimant is aged 16 or 17 years on the date of the sanctionable failure, the reduction period is—
a
the number of days beginning with the date of the sanctionable failure and ending with —
i
the day before the date on which the claimant meets a compliance condition specified by the Department,
ii
the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements),
iii
the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Department under Article 21, or
iv
the date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest, and
F7b
if there was another sanctionable failure of a kind mentioned in paragraph (1) within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure, 7 days.
Lowest-level sanction102
1
This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where it is a failure by a claimant who falls within Article 25 of the Order (claimants subject to work-focused interview requirement only) to comply with a requirement under that Article.
2
The reduction period is the number of days beginning with the date of the sanctionable failure and ending with—
a
the day before the date on which the claimant meets a compliance condition specified by the Department;
b
the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements), or
c
the day on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),
whichever is soonest.