104.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where —
(a)the claimant falls within section 21 (claimants subject to work preparation requirement) or 22 (claimants subject to all work-related requirements) of the Act on the date of that failure; and
(b)it is a failure to comply with—
(i)a work-focused interview requirement under section 15(1),
(ii)a work preparation requirement under section 16(1),
(iii)a work search requirement under section 17(1)(b) (to take any particular action specified by the Secretary of State to obtain work etc.), or
(iv)a requirement under section 23(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 Secretary of State,
(ii)the day before the date on which the claimant falls within section 19 of the Act (claimant 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 Secretary of State under section 16, 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 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 Secretary of State,
(ii)the day before the date on which the claimant falls within section 19 of the Act (claimant 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 Secretary of State under section 16, or
(iv)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. 104(2)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(9)(a)
F2Reg. 104(3)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseeker's Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 5(9)(b)