101.—(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
[F1(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 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
[F2(b)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.]
Textual Amendments
F1Reg. 101(2)(b) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(13)(a)
F2Reg. 101(3)(b) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(13)(b)