21.—(1) The reduction period for a low-level sanction is the total of the number of days referred to in paragraphs (2) and (3).
(2) The number of days beginning with the date of the sanctionable failure and ending with—
(a)the day before the day on which the claimant meets a compliance condition specified by the Secretary of State;
(b)the day before the day 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 6C(1) of the Act; or
(c)the day on which the award of a jobseeker's allowance is terminated,
whichever is soonest.
[F1(3) 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 relevant failure by the claimant | 7 days |
Where there have been one or more previous relevant failures by the claimant and the date of the most recent previous relevant 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 relevant failure by the claimant and the date of the most recent previous relevant 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 relevant 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 relevant failures by the claimant and the date of the most recent previous relevant failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous relevant failure is— | |
(a) 7 days | 7 days |
(b) 14 days | 14 days |
(c) 28 days | 28 days. |
(4) In this regulation “relevant failure” means—
(a)a sanctionable failure giving rise to a low-level sanction,
(b)a UC sanctionable failure giving rise to a sanction under section 27 of the Welfare Reform Act 2012 to which regulation 104 of the Universal Credit Regulations 2013 applies, or
(c)an ESA sanctionable failure giving rise to a sanction under section 11J of the Welfare Reform Act 2007 to which regulation 52 of the Employment and Support Allowance Regulations 2013 applies.]
Textual Amendments
F1Reg. 21(3)(4) substituted for reg. 21(3) (with application in accordance with reg. 2 of the amending S.I.) by The Social Security (Jobseekers Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/678), regs. 1, 6(6)