PART V SANCTIONS

[F1The period of a reduction under section 19B: Claimants ceasing to be available for employment etc.

69B.—(1) Subject to paragraph (5), the amount of an award of a jobseeker’s allowance, other than a joint-claim jobseeeker’s allowance, is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the claimant—

(a)was previously entitled to a jobseeker’s allowance, or was a member of a couple entitled to a joint-claim jobseeker’s allowance; and

(b)ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).

(2) Subject to paragraph (5), the amount of an award of a joint-claim jobseeker’s allowance is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the case falls within either paragraph (3) or (4).

(3) A case falls within this paragraph if—

(a)one of the claimants was previously entitled to a jobseeker’s allowance, other than a joint-claim jobseeker’s allowance; and

(b)ceased to be so entitled by failing to comply with the condition in section 1(2)(a) [F2or (c)].

(4) A case falls within this paragraph if—

(a)the couple were previously entitled to a joint-claim jobseeker’s allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c); or

(b)either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).

(5) This regulation does not apply where—

(a)the claimant had been treated as available for work under regulation 14 (circumstances in which a person is to be treated as available), or as actively seeking employment under regulation 19 (circumstances in which a person is to be treated as actively seeking employment);

(b)the claimant ceased to be so treated due to no longer falling within regulation 14 or 19;

(c)as a result of (b), the claimant’s award was terminated for failing to comply with the conditions in section 1(2)(a) or (c) (availability for employment and actively seeking employment); and

(d)the Secretary of State considers that a reduction is not appropriate in the claimant’s circumstances.

(6) Subject to paragraph (7), a reduction under this regulation is to have effect for a period of—

(a)4 weeks, where there has been only one occasion on which the claimant’s previous entitlement ceased; or

(b)13 weeks, where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion was within 52 weeks but not within 2 weeks of the last previous occasion.

(7) The period specified in paragraph (6) is to be reduced by the period beginning with the first day of the benefit week following the benefit week in which the claimant was last paid an award of jobseeker’s allowance and ending with the day before the date of claim [F3or where regulation 3(g) of the Claims and Payments Regulations applies, the day before the suspension ends].

(8) The period of a reduction under this regulation begins on the date of claim [F4or where regulation 3(g) of the Claims and Payments Regulations applies, the date on which the suspension ends].]

Textual Amendments