The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 69 (period of a reduction under section 19: higher-level sanctions)—

(a) for paragraph (1) substitute—

“(1) Subject to paragraphs (3) and (4), a reduction under section 19 (higher-level sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2)	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been —
(a) 13 weeks	26 weeks
(b) 26 weeks	156 weeks
(c) 156 weeks	156 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is or, but for paragraph (4), would have been—
(a) 13 weeks	13 weeks
(b) 26 weeks	26 weeks
(c) 156 weeks	156 weeks.”;

(b) in paragraph (2)—

(i) at the end of sub-paragraph (a), insert “and”;

(ii) omit sub-paragraph (c) and the “and” preceding it.

(3) In regulation 69A (period of a reduction under section 19A: other sanctions)—

(a) for paragraph (1) substitute—

“(1) A reduction under section 19A (other sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2)	4 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure	4 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is—
(a) 4 weeks	13 weeks
(b) 13 weeks	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is—
(a) 4 weeks	4 weeks
(b) 13 weeks	13 weeks.”;

(b) in paragraph (2)—

(i) at the end of sub-paragraph (a), insert “and”;

(ii) omit sub-paragraph (c) and the “and” preceding it.

(4) In regulation 69B (period of a reduction under section 19B: claimants ceasing to be available for employment etc.), for paragraph (6) substitute—

“(6) Subject to paragraph (7), a reduction under this regulation in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been only one occasion on which the claimant’s previous entitlement ceased	4 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 is not within 52 weeks beginning with the date of the next most recent occasion	4 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 is within 52 weeks, but not within 2 weeks, beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been—
(a) 4 weeks	13 weeks
(b) 13 weeks	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 is within 2 weeks beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been—
(a) 4 weeks	4 weeks
(b) 13 weeks	13 weeks.”

(1)

S.I. 1996/207, amended by S.I. 2012/2568; there are other amending instruments but none is relevant.