Regulation 8 Consequences of failure to participate in the Scheme

(1)

Subject to paragraph (2), the appropriate consequence follows where—

(a)

the Secretary of State determines that a person (“P”) has failed to comply with these Regulations, and

(b)

P has not shown good cause for the failure within the period prescribed in regulation 9.

(2)

The appropriate consequence does not follow where P brings facts to the notice of the Secretary of State within one month of the date on which the Secretary of State notifies P of the failure and—

(a)

those facts could not reasonably have been brought to the Secretary of State’s notice within the period prescribed in regulation 9; and

(b)

those facts show that P had good cause for the failure.

(3)

Subject to paragraph (10), the prescribed period for the purposes of section 17A(6) and (7) of the Act (“the prescribed period for section 17A(6) and (7)”) is set out in paragraphs (4) to (7).

(4)

The prescribed period for section 17A(6) and (7) is 2 weeks in a case which does not fall within paragraph (5), (6) or (7).

(5)

It is 4 weeks where—

(a)

on a previous occasion the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate because P failed without good cause to comply with these Regulations; and

(b)

the period beginning with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate on that previous occasion and ending with the determination mentioned in paragraph (1) is no more than 12 months.

(6)

Subject to paragraph (7), it is 26 weeks where—

(a)

the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate on two or more previous occasions;

(b)

the period beginning with the date of the determination mentioned in paragraph (1) and ending with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate as the result of the determination that most recently preceded it is no more than 12 months; and

(c)

each determination mentioned in sub-paragraph (a) and the preceding determination mentioned in sub-paragraph (b) relate to a failure by P without good cause to comply with these Regulations.

(7)

Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (8), paragraph (6) applies as if the reference to 26 weeks were a reference to either—

(a)

4 weeks, or

(b)

the period beginning with the day when the prescribed period specified in paragraph (11) begins and ending with the last day of the benefit week in which the claimant complies with the condition,

whichever is the longer.

(8)

The condition is that, after the date on which the determination mentioned in paragraph (1) is made, the claimant agrees in writing to comply with the requirement to which the determination relates.

(9)

Paragraph (10) applies where the Secretary of State notifies P in writing that P is no longer required to participate in the Scheme with effect from a day specified in the notice which falls within a period prescribed by paragraph (4), (5) or (6).

(10)

Where this paragraph applies, the prescribed period for section 17A(6) and (7) is—

(a)

one week, or

(b)

the period beginning with the day when the period specified in paragraph (11) begins and ending with the last day of the benefit week in which the requirement ceases to apply,

whichever is the longer.

(11)

The prescribed period for section 17A(6) and (7) begins—

(a)

where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987^f1, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b)

in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.

(12)

In this regulation “benefit week” has the same meaning as in regulation 1(3)^f2 of the Jobseeker’s Allowance Regulations.

Annotations

Footnotes

f1: S.I. 1987/1968. Regulation 26A was inserted by S.I. 1996/1460.
f2: A relevant amending instrument is S.I. 2009/604.