PART V SANCTIONS

[F1Cases in which no reduction is to be made under section 19 or 19A

70A.—(1) No reduction is to be made under section 19 (higher-level sanctions) where—

(a)the sanctionable failure is listed in section 19(2)(a), (b), or (d);

(b)the sanctionable failure occurs before a claim to a jobseeker’s allowance is made; and

(c)the period of the reduction as calculated under sub-paragraph (a) or (b) of regulation 69(4) is the same as, or shorter than, the period between the date of the sanctionable failure and the date of claim.

(2) No reduction is to be made under section 19A (other sanctions) where the sanctionable failure is specified in section 19A(2)(a) (failure to comply with regulations under section 8(1) or (1A)) and—

(a)is a failure to comply with regulation 24 (provision of information and evidence); or

(b)unless paragraph (3) or (4) applies, is a failure to comply with regulation 23 (attendance) or 23A (attendance by members of a joint-claim couple).

(3) This paragraph applies where the claimant—

(a)fails to attend on the day specified in a relevant notification;

(b)makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend on the day specified; and

(c)fails to show a good reason for that failure to attend.

(4) This paragraph applies where—

(a)the claimant attends on the day specified in a relevant notification, but fails to attend at the time specified in that notification;

(b)the Secretary of State has informed the claimant in writing that a failure to attend, on the next occasion on which the claimant is required to attend, at the time specified in a relevant notification, may result in the claimant’s entitlement to a jobseeker’s allowance or a joint-claim jobseeker’s allowance ceasing or the award being subject to a reduction;

(c)the claimant fails to attend at the time specified in a relevant notification on the next occasion;

(d)the claimant makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days after the day on which the claimant failed to attend at the time specified; and

(e)the claimant fails to show a good reason for that failure to attend.

(5) In this regulation, “relevant notification” has the meaning given in regulation 25.]

Textual Amendments