99.—(1) This regulation specifies the reduction period for a sanctionable failure under Article 31 of the Order (higher-level sanctions).
[F1(2) 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 | 546 days | - |
| (e) 546 days | 546 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 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 | - |
| (e) 546 days | 546 days | -] |
(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.
[F2(5) 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.]
Textual Amendments
F1Reg. 99(2) 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(11)(a)
F2Reg. 99(5) 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(11)(b)