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 [F2participate] 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 [F2participate] on the day specified; and

(c)fails to show a good reason for that failure to [F2participate].

(4) This paragraph applies where—

[F3(a)the claimant fails to participate in an interview at the time specified in a relevant notification, but makes contact with an employment officer in the manner set out in the notification on the day specified in the notification;]

(b)[F4the Secretary of State has informed the claimant in writing that a failure to participate in an interview at the time specified in a relevant notification, on the next occasion on which a claimant is required to participate in an interview], 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 [F5participate in an interview at the time specified] 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 [F6participate in an interview at the time specified] at the time specified; and

(e)the claimant fails to show a good reason for that failure to [F7participate in an interview at the time specified].

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

Textual Amendments